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Overseas Students: English Language

Question for Home Office

UIN 270313, tabled on 27 June 2019

To ask the Secretary of State for the Home Department, with reference to the news article, Foreign students demand home secretary put things right after thousands targeted in cheating scandal, published by the Independent on 27 June, if he will make it his policy to undertake a review of his Department's decision not to allow a right of appeal for students accused of cheating in English language tests; and if he will make a statement.

Answered on

2 July 2019

Parliament legislated to amend the appeals system in the Immigration Act 2014 so that an appeal only arises where a claim raising asylum, humanitarian protection or human rights is refused, where protection status is revoked and for deprivation of citizenship. Similar provisions are set out in the Immigration (European Economic Area) Regulations 2016. Given the passage of time, many of those refused on the basis of alleged cheating in English language tests will now have arguable human rights claims. Even if refused, these will normally generate an in-country right of appeal.

The Home Secretary is considering the findings of the National Audit Office report in response to cheating in English language tests. He will then make a statement to Parliament.

Answered by

Home Office