Post
by Frontier Mole » Thu Dec 18, 2014 12:44 am
Your friend was almost certainly an ETS deception case.
How he was found, arrested and detained all point to him as being an individual that provided a TOEIC certificate that has been identified as obtained by using a proxy test taker.
He would have been served with three separate documents at the time of his arrest. The first piece of paper thrust into his hand was the refusal document, with no right of appeal clause due to employing deception.
The second is the paperwork saying due to the refusal and the deception employed his is now an instant overstayer and liable to be detained and the last is the paperwork that states you are now detained and liable for removal.
No doubt he was woken up about 5 or 6 am, told the above while half asleep and half terrified and then escorted off to the van with a bag full of items.
His JR will almost certainly be turned down, very few have progressed and not one case has been successful in convincing the court that the evidence is inaccurate or wrong as yet.
Is there a likelihood of him being removed, it is almost certain. Several hundreds have departed already, there are hundreds awaiting like your friend.
Bail is a bit of a lottery, if he gets bail then he will have done well. Many have tried but because of the deceptive element involved it is very hard to convince the Bail Judge that he will not abscond. With an imminent JR pending it is unlikely he will be granted bail because if the JR application is turned down he will be removable almost immediately. If the JR is a full substantive hearing that would change things and bail is more than likely to be granted.
None of which paints an great picture.
