aliraza_23 wrote: ↑Tue Dec 12, 2017 12:49 pm
dylan_far wrote: ↑Mon Dec 11, 2017 1:45 am
Hey everyone!
Just an update for you all...
We got a reply to our FLR (FP) application from August 31st 2016. We received a decision around October time this year and it was a refusal.
Luckily, as there was a recent court ruling on in-country appeals, we have the right to appeal within the UK and have instructed a solicitor. We had a date for the hearing and it's been adjourned, so hopefully, we should get a new date for around January time where we can put our case to a judge who will rule in our favour.
The case is pretty watertight, so hopefully, it shouldn't be a problem getting a judge to see reason.
Unluckily after waiting almost 1 year and 2 months got a refusal, they accept family life but raise an issue about TOEIC which doesn't make sense if you have a family life so same got the right of appeal and have 14 days so hopefully we will get the date
I recived a email from my solictor may be this will help u
Who Can Benefit:
1. All cases refused by the Home Office for relying on TOEIC
2. All cases where deception was alleged by the Home Office they may rely on the reasoning enunciated in this judgement.
3. Any one who has issues relating to Human Rights can make an unpaid application for leave to remain the UK. It is not a statutory requirement to pay for the Home Office fees in such cases.
4. It is to be explored that applicants removed from the UK due to TOEIC result should be reconsidered by the Home Office
Please contact us if you know anyone who has been a victim of TOEIC
By a unanimous decision, the Court of Appeal has allowed the appeal in Ahsan v The Secretary of State for the Home Department [2017] EWCA Civ 2009.
The background to the four appeals before the court can be summarised, in bare outline, as follows. The Immigration Rules require applicants for leave to remain in some circumstances to pass a test of proficiency in written and spoken English. The principal form of approved test is the "Test of English for International Communication" ("TOEIC") provided by a US business called Educational Testing Service ("ETS"). ETS's TOEIC tests have been available at a large number of test centres in Britain. The spoken English part of the test involves the candidate being recorded reading a text, with the recording then being sent to an ETS assessor for marking.
In February 2014 the BBC Panorama programme revealed that there was widespread cheating at a number of centres, in particular – though not only – by the use of proxies to take the spoken English part of the test. In response to the scandal, ETS at the request of the Home Office employed voice recognition software to go back over the recordings at the centres in question and try to identify cases in which it appeared that the same person had spoken in multiple tests and could thus be assumed to be a professional proxy. In reliance on ETS's findings the Secretary of State in 2014 and 2015 made decisions in over 40,000 cases cancelling or refusing leave to remain for persons who were said to have obtained leave on the basis of cheating in the TOEIC test.
All four Appellants, including our client, were the subject of decisions taken by the Secretary of State on the basis (or, in one case, partly on the basis) that they had cheated in TOEIC tests. All of them denied that allegation.
The primary question raised by these appeals was whether they could challenge the Secretary of State's decision (whether by judicial review or appeal) from within the UK or whether they can only do so by an appeal brought after they have left the country – a so-called "out-of-country appeal".
By a unanimous decision by the Court of Appeal bench, the appeal was allowed.
The Court of Appeal has also held that in the case, a certification of a human rights claim should be quashed, and the person should be allowed to appeal from within the United Kingdom.
