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answer text |
<p>In 2017, the Court of Appeal in the case of Ahsan found that an out of country
appeal was not effective where the person was refused on the basis of alleged cheating
in a TOEIC English language test, because there was no mechanism to give oral evidence
in place at that time.</p><p>There is a small cohort of people who did leave the UK
and have lodged an appeal from overseas and we have been working with HM Courts and
Tribunals Service to ensure that they can have an effective appeal, including providing
video links where appropriate. These appellants can apply to the tribunal hearing
their case to indicate if they want to give live evidence. It is then for the tribunal
to decide whether the arrangements the Home Office is able to put in place are sufficient
or whether it is necessary for the individu-al to return to the UK for their appeal.
There have been a number of hear-ings held abroad using video link and the courts
have found that this enabled the appellant to give evidence effectively.</p><p>Following
the changes to the appeals system made in the Immigration Act 2014, appeals can only
be brought where claims raising asylum, humanitarian protection or human rights claims
are refused; where protection status is revoked; in EEA cases and for deprivation
of citizenship. Some of those refused on the basis of alleged cheating have made human
rights claims and will have an in country right of appeal if refused (unless the claim
is clearly unfounded).</p>
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