Overseas Students: English Language Tests Debate
Full Debate: Read Full DebateDepartment: Home Office
Alison Thewliss
Main Page: Alison Thewliss (Scottish National Party - Glasgow Central)Department Debates - View all Alison Thewliss's debates with the Home Office
(5 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
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Caroline Nokes
It is important to note that there have been a number of legal cases where students have challenged the decision through judicial review and subsequent immigration appeals. Some of those cases have been upheld by the courts, but not in all instances was that because those people were not thought to have cheated in the test; it was actually because they had been in the UK for such a long time that they had an established article 8 human rights claim to be here, and the Home Office is taking a pragmatic approach to those cases. However, I am very conscious that we have legislation that requires there to be no in-country right of appeal under the student route, and these people were here under the student route. It is right that we wait for the NAO findings, that we reflect on those and that we find a way forward.
Alison Thewliss (Glasgow Central) (SNP)
One of my constituents, who had been in the UK since 2005, was detained in Dungavel for 10 days because the Home Office claimed she had overstayed and had used deception in her TOEIC test. Neither of those things was true. The first tier tribunal found in her favour; the Home Office appealed, and the appeal was thrown out. It appealed to the upper tier tribunal, but the appeal was then withdrawn. My constituent has been fighting the Home Office for five years. Will the Minister apologise to her and let her and her three-year-old daughter get on with their lives?
Caroline Nokes
Unfortunately, the hon. Lady has not provided any information, and I cannot comment on an individual case on the Floor of the House, but if she cares to write to me about the case, I will look at it.