TOEIC: Overseas Students

Debate between Naz Shah and Caroline Nokes

Wednesday 24th July 2019 Commons Chamber

[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.

[Naz Shah (Bradford West) (Lab)]

The truth remains that the Home Office does not actually know how many people were cheating. The truth remains that 35,000 people had their visas revoked as part of the Home Office and the Government’s anti-immigration atmosphere and hostile environment. That is the truth. Lots of people gave evidence to the Home Affairs Committee, of which I am a former member, and the truth is that the concerns that my right hon. Friend the Member for East Ham (Stephen Timms) raised are absolutely valid. People have lost their livelihoods. They cannot return home because of the shame and the stigma. They have no recourse to public funds to defend themselves. They have been labelled guilty and as cheats. That is a crying shame, and I absolutely disagree with the Minister when she says this is not a shameful episode. We have had Windrush and the whole hostile environment, and TOEIC is exactly the same thing. Given that the evidence is no longer secure, is it not right that we should not deport anybody else and not force through any more deportations from our detention centres of students who have found themselves the victims of the incompetence of our Home Office and Government?

[Caroline Nokes]

The hon. Lady was not here in 2014 and perhaps does not remember the pressure from Parliament to address this systematic cheating. I remind her that there have been criminal convictions, with sentences amounting to over 70 years and with more criminal trials to come. It is important to remember that this was a criminal operation on an industrial scale—[Interruption.] The hon. Lady may chunter at me from a sedentary position, but she must remember the criminal facts behind this. However, as my right hon. Friend the Home Secretary has indicated, we have recognised that some people may have innocently been caught up in it. As he said, it is our duty to make sure there is a redress mechanism for those for whom those circumstances prevailed. However, it is quite wrong to suggest that this is something to do with the hostile environment; this was to do with crime.

TOEIC Visa Cancellations

Debate between Naz Shah and Caroline Nokes

Tuesday 4th September 2018 Westminster Hall

[Caroline Nokes]

I am moving on to some additional comments, but we have heard today repeatedly the use of the word “deportation”. Those who have followed this matter carefully will know that deportation happens only to foreign national offenders. Those who have been subject to removals have been removed from the country, not deported. There is a very clear difference between those two scenarios that the hon. Member for West Ham (Lyn Brown) may not agree with, but it happens to be a fact.

The action that the Home Office took was based on information from ETS, but it is incorrect to suggest that we relied exclusively and unquestioningly on the material that it provided. Yes, a senior delegation from the Home Office visited the USA in order to obtain a thorough understanding of the process, but following that, and fully considering the seriousness of the issues for the individuals concerned, we commissioned a further independent expert report from Professor Peter French, chairman of J P French Associates, the forensic speech and acoustics laboratory, and professor of forensic speech science at the University of York, into the reliability of the evidence.

That report, unlike the report produced as part of earlier legal proceedings and quoted extensively in recent coverage of ETS issues, was produced with the benefit of additional evidence about the specific systems that it used to verify matches. With the benefit of more information, Professor French specifically concluded that findings that the previous expert made around high error rates in other models are not

“transferable to the ETS testing”

and that the number of false matches would in fact be very small. He concluded that the triple-lock approach that ETS took was much more likely to give people the benefit of the doubt than falsely flag people as having cheated. The courts, at every level up to the Court of Appeal, have consistently said that that standard of evidence is sufficient to justify making an accusation of fraud. It is then up to an individual to establish an innocent explanation for their involvement, and they can challenge the finding, where applicable, through a judicial review.

A number of Members mentioned the case of Ahsan and out-of-country rights of appeal. That case was indeed heard at the Court of Appeal last year, but did not look at the evidence that the Home Office had relied on to establish that fraud had taken place. The narrow issue that the Court looked at in the Ahsan case was whether an out-of-country appeal would be an effective remedy to the accusation of fraud. It concluded that, in such cases where there was no mechanism for the individual to give oral evidence, that was unlikely to be the case.

Since then, the Home Office has put in place practical arrangements, including video conference links from overseas, to enable appellants to give live evidence at their appeal. Those overseas with outstanding appeals can apply to the tribunal that is hearing their appeal to indicate if they wish to give live evidence. It will then be for the tribunal to decide whether the arrangements that the Home Office can put in place are sufficient or whether it is necessary for the individual to return to the UK.

[Naz Shah]

Does the Minister know how many people have been successful in their out-of-country appeal? Have those who have been successful been offered compensation for the Home Office’s mistakes?

[Caroline Nokes]

The hon. Lady asks whether the Home Office has offered compensation. We have not, because what we have seen in successive High Court judgments is that our ability to rely on an accusation of fraud was appropriate. We heard a lengthy quote from a senior High Court judge, who, it is interesting to note, said in a subsequent case that new evidence that the Home Office had provided was focused and much more substantial. That same judge also found that evidence was sufficient to make our accusation of fraud.

[Caroline Nokes]

The Home Office has enabled people to take cases to judicial review. The Home Office has established that we can rely on the evidence of fraud that we very clearly have, and the links to criminal gangs. It is important that we recognise that there was significant, widespread and indeed very lucrative fraud taking place in these cases. Our enforcement investigations uncovered evidence of impersonation and of proxy test-takers. I very much regret that this has happened. Innocent applicants may well have been caught up in widespread fraud, but we also have reports from judges that there were a number of different reasons why individuals might have undertaken the deception, even if they spoke very good English.

[Naz Shah]

Will the Minister give way?

[Caroline Nokes]

I have given way plenty of times. I am very clear that we have acted proportionately, both in initial actions and in response to the Court of Appeal’s verdict. We are right to continue acting on these cases.

The Government are committed to the principle of a fair immigration system, which welcomes highly skilled migrants and genuine international students, and we have heard a number of points about the attractiveness of the UK to international students. We know that the number of overseas students applying for tier 4 visas is up and there has been an increase in the number of visas granted, including 9% more from Chinese nationals and 32% more from Indian nationals. The UK remains an attractive place for foreign students to come to. We welcome highly skilled migrants and genuine students, while guarding against attempts at abuse. We have significantly strengthened our secure English language testing regime to ensure the issue cannot be repeated in future, and have put in place additional features to make sure that we clamp down on abuse by non-genuine students.