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 her policy is on reconsidering the cases of people who had their leave to remain wrongly cancelled, or who were wrongly detained or removed, on the basis of allegations of fraud in English language tests made by ETS in response to the Upper Tribunal ruling in Qadir v Secretary of State, 23 March 2016.

James Brokenshire

We received the determination in the case of Qadir and SM from Upper Tribunal on 8 April which provides the full reasons for the decision which were not included in the summary 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 reconsider earlier decisions.