Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications

The case of a Tier 4 Student whose leave was curtailed following the Home Office abuse of power in its response to the discovery that there had been cases where Tier 4 Applicants were meeting the English Language Requirement by fraudulent means has been labelled a landmark case for Tier 4 Students in a similar position. The way that the Home Office handled this situation is just another example of Home Office abuse of power and its victimisation of migrants in Theresa May’s desperate attempt to reduce the UK’s net migration figure.  This has consequently affected the lives of many innocent and blameless Tier 4 Students, however since this ruling, there is now hope for vindication.   

Background: Fraudulent English Language Tests for Tier 4 Student Visa Applications

In 2014, it was uncovered that there were cases where Tier 4 Applicants had been fraudulently obtaining their Test of English for International Communication (“TOEIC”) by allegedly paying fake candidates to sit the written and oral exams on their behalf. Subsequently, the Home Office deemed over 33,000 TOEIC certificates invalid and a further 22,000 were marked as questionable and as a result, many Tier 4 Students were removed from their courses and had their Tier 4 Student Visas curtailed. Following this, many received letters from the Home Office instructing them to leave the UK, with some given only an out of country right of appeal.

Consequently, TOEIC is no longer offered by the Educational Testing Services (“ETS”) for the purpose of satisfying the Home Office’s English Language Requirement for UK Visa applications. The Home Office website lists all of its approved English Language Test centres and it is important that Applicants check before booking the test, to avoid not meeting the English Language Requirement.

The Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications

The Applicant is a Bangladesh national who had his right to stay in the UK cancelled by the Home Office after his English proficiency test was deemed invalid had this decision quashed in a landmark ruling. The ruling is significant because it found the blatant Home Office abuse of power, having effectively bullied the Applicant’s education institution into withdrawing him from his course, rather than taking an immigration decision that gave rise to rights of appeal enabling the Applicant to challenge the finding reached.On the matter, Lord Justice McCloskey held that:

The Secretary of State’s ability to invoke the mandatory and unappealable curtailment of leave decision making route was a direct result of the improper conduct, consisting in essence of duress and manipulation.

The UK Government’s handling of Tier 4 English Language Requirement fraud is disgraceful and as a result, many Tier 4 Students were falsely implicated, which has had an impact on many lives, as whilst appealing the Home Office’s cruel blanket decision, the Applicant and many others have been unable to work or study in the UK, which has meant that the past few years have been tough. This demonstrates another instance of the Home Office abuse of power and its hostile environment policy that is it creating for foreign migrants in the UK. If you feel that you are or have been treated unlawfully or unfairly by the Home Office, you should seek advice from our specialist immigration solicitors and barristers to ensure that your human rights and status in the UK is protected.

The full ruling can be found here: R (on the application of Mohibullah ) v Secretary of State for the Home Department (TOEIC – ETS – judicial review principles) [2016] UKUT 561 (IAC)[2016] UKUT 561 (IAC) | LEXVISA Immigration Solicitors and Barristers London

Using Legal Representation to Overcome the Home Office Abuse of Power

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to overcome the Home Office Abuse of Power.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visa application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visa application meets the Immigration Rules.

Successfully Overcome the Home Office Abuse of Power

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visa application and ensure that you meet all the requirements of the relevant rules and do not fall victim to the Home Office abuse of power.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA Immigration Solicitors and Barristers are just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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