Visa refused based on past TOEIC

[Tripletrouble]

Hi,

My wife's visa got refused, on the basis that she had used Toeic certificate in the past. They are saying it was obtained fraudulent.

We have been given 14 days to do a country appeal. Please help.

[member]

Hi,

My wife's visa got refused, on the basis that she had used Toeic certificate in the past. They are saying it was obtained fraudulent.

We have been given 14 days to do a country appeal. Please help.

Did you wife get interviewed before the refusal?

How do they prove the certificate was obtained fraudulently?

[Tripletrouble]

We went to the one day service.

The case handler told us that, they were informed by the ETS that the test were taken by a proxy test taker.

I don't know what proof they have.

[Casa]

We went to the one day service.

The case handler told us that, they were informed by the ETS that the test were taken by a proxy test taker.

I don't know what proof they have.

...and was it?

[Tripletrouble]

Yes Casa, it was. 2 time failed and got it on the third time.

I need help in appealing against it. any advice.

[CR001]

Yes Casa, it was. 2 time failed and got it on the third time.

I need help in appealing against it. any advice.

Do you mean your wife DID use a proxy test taker (i.e. someone else did the test for her) to pass the English test???

If she did use a proxy test taker, there is very little to no chance of winning at appeal.

[ILR1980]

Home office is blindly refusing application which involve TOEIC but good news

https://www.ein.org.uk/news/upper-tribu ... fraud-case

24 March 2016
EIN
The Upper Tribunal ruled yesterday that the Home Office had relied on "hearsay" evidence in the case of two students who were accused of fraud after taking an English language test administered by ETS, the Financial Times reported.

In 2014, the Home Office suspended English language tests run by ETS after BBC Panorama said it had uncovered systematic fraud in the student visa system.

Politics.co.uk says this was used to justify thousands of deportations as the Home Office claimed that everyone who had taken the TOEIC test conducted by ETS had committed fraud. The Financial Times reported that it is not clear how many people were deported, but more than 30,000 test scores were considered suspect.

According to the Financial Times, the Upper Tribunal ruled yesterday that the Home Office had failed to establish that the two test case students were guilty of deliberate deception.

The ruling was quoted as saying: "Apart from the limited hearsay evidence there was no evidence from the protagonist in this saga, the ETS organisation … The Secretary of State has not discharged the legal burden of establishing that either appellant procured his [English language] certificate by dishonesty."

Keith Vaz, chairman of the Commons Home Affairs Committee, said his Committee would inquire further and he called the judgment "a devastating verdict" on Home Office ministers' judgment.

A Home Office spokesperson told the Financial Times: "We are very disappointed by the decision and are awaiting a copy of the full determination to consider next steps including an appeal. It would be inappropriate to comment further at this stage."

The Independent reported that the "damning verdict" could open the doors to thousands of deported students returning to the UK and claiming compensation.

AWS Solicitors, who represented one of the two students in the case, released a press release following the ruling which you can read here on Free Movement. A summary of the judgment is also available

[Tripletrouble]

No Casa, I meant, the test were taken at a test centre by herself.

She passed the whole thing in 4th attempt.

[Tripletrouble]

Home office is blindly refusing application which involve TOEIC but good news

https://www.ein.org.uk/news/upper-tribu ... fraud-case

24 March 2016
EIN
The Upper Tribunal ruled yesterday that the Home Office had relied on "hearsay" evidence in the case of two students who were accused of fraud after taking an English language test administered by ETS, the Financial Times reported.

In 2014, the Home Office suspended English language tests run by ETS after BBC Panorama said it had uncovered systematic fraud in the student visa system.

Politics.co.uk says this was used to justify thousands of deportations as the Home Office claimed that everyone who had taken the TOEIC test conducted by ETS had committed fraud. The Financial Times reported that it is not clear how many people were deported, but more than 30,000 test scores were considered suspect.

According to the Financial Times, the Upper Tribunal ruled yesterday that the Home Office had failed to establish that the two test case students were guilty of deliberate deception.

The ruling was quoted as saying: "Apart from the limited hearsay evidence there was no evidence from the protagonist in this saga, the ETS organisation … The Secretary of State has not discharged the legal burden of establishing that either appellant procured his [English language] certificate by dishonesty."

Keith Vaz, chairman of the Commons Home Affairs Committee, said his Committee would inquire further and he called the judgment "a devastating verdict" on Home Office ministers' judgment.

A Home Office spokesperson told the Financial Times: "We are very disappointed by the decision and are awaiting a copy of the full determination to consider next steps including an appeal. It would be inappropriate to comment further at this stage."

The Independent reported that the "damning verdict" could open the doors to thousands of deported students returning to the UK and claiming compensation.

AWS Solicitors, who represented one of the two students in the case, released a press release following the ruling which you can read here on Free Movement. A summary of the judgment is also available

Yes, I've read this. Now I have less than 10 days to appeal against it.

[Obie]

OP try and lodge the appeal.

I am pleased that you have an in country appeal right.

What is your status in the UK, and do you and your wife have any children and if so, what is their status in the UK.

[Tripletrouble]

Thanks Obie,

I'm on ILR on long residency basis and will be eligible for naturalization in oct. We have no kids.

We are filling the on line appeal form with below selection. https://immigrationappealsonline.justic ... options.do

Please select from one of the following options

I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015

[confuse]

Hi, what is the outcome of your appeal? have you got any hearing date?
regards

[mairyk10]

Hi,

My wife's visa got refused, on the basis that she had used Toeic certificate in the past. They are saying it was obtained fraudulent.

We have been given 14 days to do a country appeal. Please help.

hi so ur wife wass on student visa or wat??