FAQs
Can I challenge the Home Office’s decision to curtail my Leave to Remain/Refuse my application for Leave to Remain on the basis of a false allegation that I cheated on my TOEIC test?
If an appellant can show that they did not cheat on their TOEIC test, their appeal should be allowed under Article 8 of the European Convention on Human Rights.
According to a consent order agreed with the Secretary of State for the Home Department in August 2020, successful appellants should be granted 2.5 years’ leave to remain. In most cases, they should also be treated as having been “continuously lawfully resident” in the UK since the date of their original curtailment. This means that many successful appellants are eligible to apply for Indefinite Leave to Remain in the UK as they have been lawfully resident here for over ten years.
If you had your Leave to Remain curtailed on the basis of a false allegation of cheating on your TOEIC test and need immigration assistance you can contact Bindmans immigration team using the enquiry form here.
I was falsely accused of cheating in my TOEIC test – can I make a claim for compensation?
Whilst there has never been a scandal quite like this before, there are legal remedies available for human rights breaches and other ‘torts’ (legal wrongs identified in statutes or developed by the Courts as part of the common law) for some of the resulting injustices. If these torts can be established, compensation may be awarded that would allow affected students to repay the often substantial debts they have accrued, and to start the difficult process of rebuilding their lives.
If you believe you may have a claim and would like us to investigate, please contact us and complete our TOEIC Questionnaire.
I was forced to leave the UK following a false allegation that I cheated on my TOEIC test – what can I do now to get justice?
The position for people who have left the UK remains very complicated. There is not a straightforward route for people outside the UK to clear their names. We will provide updates if the situation develops.
Am I eligible for Legal Aid?
Legal Aid is government funding to meet the costs of legal advice and representation.
Legal Aid may be available for your case. You must be financially eligible, there must be no one else you can realistically turn to for help with costs and your case must have good enough chances of success.
If you believe you may have a claim and would like us to investigate, we will advise you on your eligibility for Legal Aid. Please complete the TOEIC Questionnaire.
I am outside of the time limits for bringing a compensation claim – what can I do to get justice?
The court does have discretion to extend the time limit for claims under the Human Rights Act. It may be possible to show that that this discretion should be exercised in your case if you have not had advice on bringing a compensation claim before now.
If the primary limitation period of your claim has expired, it is important that you obtain advice on the strengths of your claim as soon as possible. This will increase the likelihood that the court will exercise discretion in your favour, and will maximise the period of time for which you can claim damages.
What are the time limits for bringing a compensation claim?
There are different deadlines for bringing different types of legal cases. The courts have the power to extend time limits, but it is exercised very sparingly and if at all possible claims should be brought within the normal limitation periods.
If you believe you might have a claim, we recommend that you seek legal advice as soon as possible so action can ideally be taken to protect your rights. Legal action should normally be taken within:
one year of the Court or tribunal’s decision that you did not cheat on the test; and
six years of the date on which the Home Office first took action against you.
I have an outstanding application for Leave to Remain – can I still bring a compensation claim?
Your compensation claim will not have any negative impact on your outstanding application for Leave to Remain. It is common for individuals to claim damages from the Home Office, for example for false imprisonment if they have been detained, while they still have ongoing immigration issues.