TOEIC: Overseas Students

Debate between Caroline Nokes and Jim Fitzpatrick

Wednesday 24th July 2019 Commons Chamber

[Caroline Nokes]

I thank the hon. Gentleman for his questions. I remind him that in 2014, before his time in this House, it was Parliament that insisted that the Home Office took urgent action to address what had been revealed as widespread cheating. It is important to find a mechanism that provides redress for those who may have been wrongly caught up in this. However, the independent expert, Professor French, indicated when he studied the matter that the likelihood of a false match from the voice checks was likely to be less than 1%.

The hon. Gentleman referred to some of the subsequent court cases, and evidence of an article 8 claim of a right to respect for family or private life led the courts to take a balanced decision in many cases that it was right that individuals should be allowed to stay, and that is absolutely what we are saying in the review of the guidance. We want to ensure that the Home Office, which I absolutely believe is the appropriate place for these decisions to be made, is making sensible decisions that properly balance any belief that deception was practiced against the wider circumstances. Where the circumstances are particularly compelling, perhaps when children are involved, it is important that we look to see what more the Home Office can do to help people put their claims forward.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

People accused and defamed, detained and deported, visas lost and people left destitute on unsafe allegations on discredited evidence. Yes, there were cheats—nobody is denying that—but many more were innocent. Maybe the reason why so few such cases have become apparent is that most people were not allowed to appeal and very few have been able to get to court. However, some of those who got to court, as my right hon. Friend the Member for East Ham (Stephen Timms) said, have had justices making public statements on their behalf.

I note the Minister’s reassurance, and it is welcome that this matter will remain one of her priorities if reappointed. For that reason alone, I hope she is reappointed, because many Opposition Members have invested a lot of time in this Front-Bench team taking things forward. However, this question will remain for whoever is on the Treasury Bench: when will those not guilty of any offence receive justice?

[Caroline Nokes]

I thank the hon. Gentleman—I think—for his kind words in saying that he hoped I would be reappointed. However, I reiterate that the allegations were not unsafe and that our approach to taking action on students has been endorsed by the courts, which have consistently found that the Home Office’s evidence was enough to prompt the action that was taken at the time. I emphasise that my right hon. Friend the Home Secretary published a written ministerial statement yesterday and made it clear in his appearance before the Home Affairs Committee that he is determined to find solutions going forward that are practical for those involved and provide people with the opportunity to explain, potentially through article 8, how they can substantiate their claim to life in the UK.

Overseas Students: English Language Tests

Debate between Caroline Nokes and Jim Fitzpatrick

Tuesday 30th April 2019 Commons Chamber

[Caroline Nokes]

I gently remind the hon. Gentleman that those who were found to have a questionable result following the ETS investigations were given the opportunity to take a second test to establish their ability to speak English, so they could have taken that option. He was quite aggressive in his questioning, but I must reiterate that I think it is right, and the Home Secretary thinks it is right, to wait for the outcome of the NAO report, which we expect next month.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

Nobody is claiming that everybody is innocent. The Minister has quoted legal cases, and those who are guilty deserve everything that they get. However, the Home Office has also lost judgments in the courts. ETS evidence is quoted by the Minister, but that evidence has been challenged and undermined, and now we have a National Audit Office inquiry. Will the Minister confirm that she believes and accepts that there are some innocent students caught up in this mess?

[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.