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A group of international students in the United Kingdom has taken legal action against the UK Home Office, alleging wrongful accusations of cheating in English Language tests.
The foreign students are seeking compensation for various grievances, including unlawful detention, loss of earnings, and damage to mental health.
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The law firm Bindmans is representing 23 students who have successfully won immigration appeals, overturning the Home Office’s decision to cancel their visas based on cheating allegations. The students aim to have their cases treated collectively as a group action.
The legal battle stems from the Home Office’s cancellation of visas for around 35,000 international students a decade ago. This action was prompted by evidence of cheating in some English language test centers, as revealed in a BBC documentary.
While cheating did occur in some Home Office-approved test centers, many students have long contended that they were unfairly affected by the decision, with 97% of those who took the test classified as potential cheats.
The law firm Bindmans has issued 23 claims between October 2020 and March 2022, with only one case settled so far. The students are seeking compensation for wrongful arrest, false imprisonment, loss of earnings during the period of contested immigration status, and harm to their mental health.
They argue that the allegations were based on thin evidence, and some were not initially informed about the accusations but were detained during immigration enforcement raids.
The lawyers representing the students hoped to establish a compensation scheme similar to the Windrush compensation scheme, outlining clear categories for damages to expedite the process.
However, the Home Office has rejected this proposal, leading to frustration among the legal representatives. The students emphasize the toll the situation has taken on their lives, including losing homes, livelihoods, the right to work and study, and facing familial and societal rejection.
While the Home Office contends that the 2014 investigation into English language testing abuse revealed systemic cheating indicative of significant organized fraud, the students and their lawyers maintain that the evidence was thin and that the accusations have caused immense suffering.
The legal battle underscores the complexities and challenges faced by students who claim to be wrongly accused and seek redress for the impact on their lives.
