An investigation undertaken by the BBC has raised fresh doubts about the evidence used to eject thousands of people out of the UK for allegedly cheating in an English language test. The test is part of the process of assessing the suitability of migrants and refugees as part of the eligibility to remain in the nation.
The BBC’s claim is based on whistleblower testimony and official documents. These were obtained by journalists working at the BBC’s flagship Newsnight programme. The obtained text and statements reveal the government Home Office has continued to try to remove people based on the claims of the international testing organisation Educational Testing Service (ETS), which is based in the U.S.
The problem is that, as the BBC’s report contends (which also appears on the BBC news website), is that civil servants have expressed concerns about ETS, in particular serious concerns about its conduct and flaws in its data.
The Guardian reports that senior MP Stephen Kinnock said the Home Office was not fit for purpose. The politician also said that the case brought the department’s fundamental flaws into “one toxic combination of indifference and incompetence”.
During one time period against which concerns with ETS have been benchmarked, more than 2,500 people were deported and at least 7,200 more were forced to leave the UK after ETS accused them of cheating in an exam it set and marked.
In addition to those who were forced to leave the UK, there are many others who remain in the UK and they are continuing to fight to clear their names after enduring years of hardship and with the risk of deportation hanging over them.
To gain a legal insight, Digital Journal reached out to Lisa Uttley, immigration lawyer at Gherson Solicitors.
Uttley indicates that this type of thing is not surprising from a department run by Priti Patel, the Conservative Secretary of State: “Following the BBC investigation showing that the Home Office have been deporting thousands of people out of the UK for allegedly cheating in an English language test, I am appalled but not surprised.”
Interior minister Priti Patel told lawmakers the report was ‘deeply alarming’ – Copyright AFP/File STR
Patel, aside from issues with home the Home Office is run, has been involved in several issues of alleged bullying by civil servants and she is one of Boris Johnson’s most loyal lieutenants.
Uttley is concerned about the lack of controls around the use of third parties, noting: “It is yet another example of the Home Office outsourcing its responsibility. It would appear that they would rather rely on intel from an organisation that facilitated fraud than commit resources and conduct any kind of investigation of their own.”
She concludes that the actions taken do not meet the spirit of UK due process: “This simply demonstrates how the Home Office is willing to apply a presumption of guilt rather than innocence. Unfortunately, for those presumed guilty their fight for innocence will cost them dearly in time and money.”
