Stuart C. McDonald – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Stuart C. McDonald on 2016-04-08.

To ask the Secretary of State for the Home Department, what guidance her Department has issued to caseworkers on handling applications from international students to study at UK colleges and universities in a way that ensures the applicants are not disadvantaged by accusation of fraud in English language tests made by ETS.

James Brokenshire

UK Visas and Immigration caseworkers were issued with guidance on how to handle applications made by international students who had taken ETS English language tests in February 2014. This guidance has been updated as required. This is part of the reasonable and proportionate action we have taken in response to the clear evidence provided by ETS to identify those who had sought to profit from abuse of the English language testing system. The guidance does not disadvantage students who obtained an ETS test certificate properly, but ensures that due scrutiny is being applied by caseworkers where individuals have been identified as having obtained invalid test certificates.

We received the determination in the case of Qadir and SM from the Upper Tribunal on 8 April, providing full reasons for the summary decision handed down on 23 March. Although the Upper Tribunal found that the Home Office did discharge the evidential burden on it in establishing fraud at ETS test centres and that each appellant would need to establish an innocent explanation, it went on to allow the appeals. We are disappointed by the decision and we are currently reviewing it with a view to challenging before the Court of Appeal. Given this, there are no current plans to issue further updated guidance to caseworkers following the recent Upper Tribunal determination.