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<p>UK Visas and Immigration caseworkers were issued with guidance on how to handle
applications made by international students who had taken ETS English language tests
in February 2014. This guidance has been updated as required. This is part of the
reasonable and proportionate action we have taken in response to the clear evidence
provided by ETS to identify those who had sought to profit from abuse of the English
language testing system. The guidance does not disadvantage students who obtained
an ETS test certificate properly, but ensures that due scrutiny is being applied by
caseworkers where individuals have been identified as having obtained invalid test
certificates.</p><p>We received the determination in the case of Qadir and SM from
the Upper Tribunal on 8 April, providing full reasons for the summary decision 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 issue further updated guidance to caseworkers following the recent Upper
Tribunal determination.</p>
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