Legal News

Defending against deception—international students and ETS/TOEIC tests

Published on: 25 April 2016
Published by: LexisPSL
  • Defending against deception—international students and ETS/TOEIC tests
  • Original news
  • What key issue did this case raise?
  • What did the UT decide on that key issue?
  • What will be the next steps now for Mr Qadir and the other successful appellant?
  • The case has been released by the tribunal as an unreported decision. What does this mean in terms of its use as an authority/precedent?
  • What redress do you think there should be for other migrants who were subject to similar action by the Home Office?
  • What redress do you think there should be for sponsors whose licences were revoked on the basis of having sponsored students accused of cheating on TOEIC tests?
  • Are there any points that litigants and practitioners should bear in mind when dealing with these cases?
  • Do you think a public/parliamentary inquiry should be launched and, if so, what should it cover?

Article summary

Immigration analysis: The Home Secretary’s action against international students and other migrants who had relied on the allegedly fraudulent Test of English for International Communication (TOEIC) certificates in their applications for leave to remain was ruled unlawful. Zane Malik of 12 Old Square Chambers, who appeared for one of the successful appellants, examines the issues raised in SM and another v Secretary of State for the Home Department. or take a trial to read the full analysis.

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