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Good News For Migrants Falsely Accused Of English Language Test Cheating

Back in 2014, MM was kicked out of his college after being accused of cheating on a TOEIC English Language Test by the Home Office. Hence, the Home Office curtailed his Tier 4 leave to remain and he no longer had a sponsor. This incident forced him to bring two claims for judicial review and two further pre-action letters so as to get a right to appeal against the Home Office's allegation. 

The Home Office has agreed any TOEIC (Test of English for International Communication) appellants who triumph in the appeal of Article 8 motives, will be awarded 2.5 years leave to stay. Undoubtedly a substantial victory achieved by Bindmans that attracted a judicial review on behalf of a TOEIC client, MM, who has been fighting false accusations against him for the previous six years. His appeal was finally heard from the year 2019 and the Tribunal found that the Home Office's allegation against him was baseless. 

This situation was able to shed light on the TOEIC scandal and several lives of students that got impacted following the scandal. His appeal, however, awarded him just 60 days' leave to stay in britain. 

The company called it"an insult to the years he has spent fighting to clear his name," but was able to get the department to change its mind. 

Following additional judicial review proceedings, the Home Office has accepted 2.5 years of leave to remain for MM along with other successful TOEIC appellants.

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