As you all may now be aware back in early 2014 the BBC aired a programme that highlighted widespread abuse of the English Language Tests, which were being taken to aide an immigration application in the UK.

Back in April 2016 we discussed this when the Upper Tribunal made a decision on key facts of this case.

BBC Panorama

The Home Secretary at the time, Teresa May, came out of the blocks determined to do something about this cheating, what ended up happening as a result was not short of being shambolic, in our humble opinion that is!

Previous SSHD Teresa May

It followed with thousands of people being threatened with removal and having their lives turned upside down with allegations that they cheated in an exam which they may have probably never even looked up in whilst taking the test.

We had a number of cases in 2014 which have resulted in on-going litigation and costs for clients, some have still not ended but now we are hoping the new Secretary of State for the Home Department may just give in and accept the errors that were made, it appears as though they have with this new case though.

SSHD Amber Rudd

The case of Qadir v Secretary of State for the Home Department [2016] EWCA Civ 1167 (25 October 2016) may well have put this whole issue to bed now that it has been decided in the Court of Appeal.

This does not mean that all people who were affected by the ETS TOEIC exam will suddenly be given leave and everything will be forgotten, far from it.

Remember from the previous hearing and this one that it is only certain people that will be able to benefit from what was found in these cases. In our opinion it is still important to take it upon yourself even now to have a team on your side that could use the law and help you fight the allegation off.

The cases which have been caught up with this issue may take years to conclude which is why it would make sense to now start contacting the Home Office with evidence to have them withdraw the refusal and then grant the relevant leave that you should have been granted or had revoked.