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As a direct access immigration barrister practising in London I have seen various trends in respect of judicial reviews (no right of appeals, what is a fresh claim etc – WM (DRC) [2006] EWCA 1496 finally laying that to rest) and appeals, from scarring on Tamils, ration books on Rohingya, Self Inflicted Torture by proxy by Sri Lankans to the current trend that being the mess the Home Office made with TOEIC / ETS.

I have had a couple of cases recently where the First Tier Judges have allowed the appeals, oddly both at the hearing, where the Home Office had alleged that the individual had employed deception. I had one case where the client had done before the disputed course an IELTS course where he had scored an average of 7.5, his English was almost on a par with the Home Office representative’s.

Another case which was won was where the individual had gained Entry Clearance to study a degree course (in English) and had been interviewed by the College by Skype and had a B2 score where the ETS score was only an A1 – this meant he would have had to have unlearned English. Strange assertion but not one that succeeded.

A further victory was where the client had spent 18 months studying and passing ESOL courses at the City and Guilds and had passed them. The problem for the Home Office was that he had been studying these courses before taking the ETS course. Obviously it made no sense for him to spend 18 months studying a course before doing the test if he was going to use a proxy. The Judge put him out of his misery by allowing his appeal there and then.

If you or a friend or family member have been accused of making a false test please get in touch. I have had some good results, one cannot promise anything, but you can rest assured that we will work as hard as we can to win the case for you. I have also gained a great deal of experience both practically and legally in the presentation of such appeals.

Personally I find it a tragedy that those who have spent years studying, working, raising a family and living in the UK lawfully can have their lives turned upside down by an unsubstantiated allegation of fraud.