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634088

	registered interest
	date	11/11/2016
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Overseas Students: English Language
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, whether she has had discussions with the governments of home countries of international students who were detained or deported from the UK following allegations of committing fraud in English language tests.
	tabling member constituency	Linlithgow and East Falkirk
	tabling member printed	Martyn Day
	uin	52523
	answer	answer is ministerial correction date of answer 21/11/2016 answer text <p>Where governments make representations on behalf of their nationals, the Home Office will consider these and explain the UK government's wider response to instances of fraud identified in the English language testing process previously operated by Educational Testing Service.</p> answering member constituency Scarborough and Whitby answering member printed Mr Robert Goodwill question first answered 21/11/2016 16:37:21 answering member 1562 label Biography information for Sir Robert Goodwill
	tabling member	4488 label Biography information for Martyn Day

634141

	registered interest
	date	11/11/2016
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Overseas Students: English Language
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, if she will introduce a right to appeal from the UK for international students alleged to have fraudulently obtained English language test certificates.
	tabling member constituency	Linlithgow and East Falkirk
	tabling member printed	Martyn Day
	uin	52522
	answer	answer is ministerial correction date of answer 21/11/2016 answer text <p>Following the changes introduced by the Immigration Act 2014 there is only a right of appeal where fundamental rights are engaged - where a protection claim is refused, where protection status is revoked or where a human rights claim is refused. There is also a right of appeal against decisions under the EEA Regulations and there is an appeal right against a decision to deprive someone of citizenship. For Tier 4 students, this came into effect for applications made on or after 20 October 2014.</p><p>For applications made prior to 20 October 2014, where the person had leave to remain in the UK and at the time of the decision to refuse would have no leave left, the right of appeal was exercised from within the UK. Where the decision appealed against was a removal decision, and human rights had not been raised, that right was exercised from overseas; the Court of Appeal has consistently upheld that the availability of an out of country appeal in respect of a relevant decision in an ETS case is an adequate remedy.</p> answering member constituency Scarborough and Whitby answering member printed Mr Robert Goodwill question first answered 21/11/2016 16:44:41 answering member 1562 label Biography information for Sir Robert Goodwill
	tabling member	4488 label Biography information for Martyn Day