Appellants who successfully challenge the decision of the Home Office by way of an appeal in regard to the allegation of cheating on their English language teste (TOEIC) will now get leave to remain for 2 years and 6 months. This development and change come after a successful legal challenge.
The Home Office by way of a consent order with Bindmans solicitors, on behalf of their client MM has accepted that the client and other successful TOEIC appellants must be given 2.5 years of leave to remain in the UK.
This is indeed a significant triumph for the migrants who have been falsely accused of cheating on their English Test. Migrants in a similar situation have been subject to litigation to prove these allegations of the Home Office false. The process has been prolonged and costly with the result of only being issued with 60 days.
It is correctly stated by the solicitors of MM that the grant of 60 days to migrants who have spent years in a legal battle is an insult. However, after another successful judicial review proceedings, the Home Office has now accepted that MM, and other successful TOEIC appellants, must be given 2.5 years leave to remain. It is worth mentioning that in order for the Appellant to be granted 2.5 years of leave instead of 60 days, the Appellant’s appeal must have been allowed on Article 8 ECHR grounds.
Migrants who are in a similar position should make use of the order if offered anything less than 2.5 years of leave to remain.
Qazi Atif is an experienced lawyer who has dealt with TOEIC matters in the past and continues to do so. He has clients who have on-going matters in challenging TOEIC allegations raised by the Home Office in Tribunals and Court of Appeal.
