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>
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>
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>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4048", "label" : {"_value" : "Biography information for Caroline Nokes"} } , "answeringMemberConstituency" : {"_value" : "Romsey and Southampton North"} , "answeringMemberPrinted" : {"_value" : "Caroline Nokes"} , "dateOfAnswer" : {"_value" : "2019-06-27", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2019-06-27T15:24:07.217Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "1"} , "answeringDeptShortName" : {"_value" : "Home Office"} , "answeringDeptSortName" : {"_value" : "Home Office"} , "date" : {"_value" : "2019-06-24", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Entry Clearances: Overseas Students"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for the Home Department, what assessment he has made of whether out-of-country appeals are appropriate for students to challenge visa revocations as a result of allegations of cheating in the TOEIC English language test.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/163", "label" : {"_value" : "Biography information for Sir Stephen Timms"} } , "tablingMemberConstituency" : {"_value" : "East Ham"} , "tablingMemberPrinted" : [{"_value" : "Stephen Timms"} ], "uin" : "268346"} , {"_about" : "http://data.parliament.uk/resources/1134079", "AnsweringBody" : [{"_value" : "Home Office"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1134079/answer", "answerText" : {"_value" : "
The second official statistics \u2013 \u2018EU Settlement Scheme Statistics, May 2019\u2019 \u2013 on the operation of the scheme were published on 20 June 2019, including applications received by nationality. These can be found at: https://www.gov.uk/government/statistics/eu-settlement-scheme-statistics-may-2019<\/a><\/p> The Home Office is committed to publishing more detailed quarterly statistics on the EU Settlement Scheme, alongside our Immigration Statistics, from August 2019. Home Office statisticians and officials are currently considering the content and will take into account the views of statistics users.<\/p> Under the current online application process for the scheme, those applicants granted pre-settled status will have agreed that they have been continuously resident in the UK for less than five years.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4048", "label" : {"_value" : "Biography information for Caroline Nokes"}
}
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, "answeringMemberPrinted" : {"_value" : "Caroline Nokes"}
, "dateOfAnswer" : {"_value" : "2019-06-27", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "268537"}
, {"_value" : "268538"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2019-06-27T15:26:04.827Z", "_datatype" : "dateTime"}
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, "answeringDeptId" : {"_value" : "1"}
, "answeringDeptShortName" : {"_value" : "Home Office"}
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, "date" : {"_value" : "2019-06-24", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Immigration: EU Nationals"}
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, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
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], "questionText" : "To ask the Secretary of State for the Home Department, with reference to EU Settlement Scheme Statistics, May 2019: Experimental Statistics, how any applications have been received from the West Midlands.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4603", "label" : {"_value" : "Biography information for Preet Kaur Gill"}
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, {"_about" : "http://data.parliament.uk/resources/1134080", "AnsweringBody" : [{"_value" : "Home Office"}
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