By Omotosho Victor Fiyinfoluwa (SIWES student, Federal Polytechnic Ado-Ekiti)
A collective of international students studying in the United Kingdom has initiated legal proceedings against the UK Home Office, alleging misconduct in English Language examinations.
The students are pursuing compensation for unjust detention and financial losses incurred following the revocation of their visas by the Home Office.
Reportedly, the UK government has made settlements in a few instances, yet legal representatives express frustration over the Home Office’s reluctance to adopt a standard compensation scheme for students wrongfully accused of cheating.
This proposed scheme aims to expedite the process of securing justice.
Represented by the law firm Bindmans, 23 students who successfully appealed against immigration decisions seek collective action from the Home Office.
They demand recompense for wrongful arrest, deprivation of earnings (during visa disputes preventing employment), and psychological distress.
The pursuit of compensation comes a decade after the Home Office moved to revoke the visas of approximately 35,000 international students, prompted by revelations of cheating in select English language test centers, as uncovered in a BBC documentary.
Despite instances of malpractice in accredited test centers, numerous students contend they were unjustly targeted by the department’s decision, which classified 97% of test-takers as potential cheaters.
Some affected individuals were detained without prior notification of cheating allegations, subjected to early morning immigration raids, as highlighted by Alice Hardy, a Bindmans partner.
The prolonged ordeal caused immense hardship, with affected individuals losing homes, livelihoods, educational opportunities, and enduring familial strain. Hardy contends that the accusations were often based on flimsy evidence.
Though 23 claims were lodged between October 2020 and March 2022, only one case has reached resolution.
Legal representatives had proposed a compensation scheme akin to the Windrush model, outlining clear parameters for damages, in hopes of expediting resolution, a proposal rejected by the Home Office, according to Bindmans.
