A group of overseas students in the UK, who were wrongly accused of cheating in an English language test required for renewing their study visas, have initiated legal proceedings against the Home Office.
They are pursuing damages for being unlawfully detained and for the loss of income they suffered, reported The Guardian.
The government has made payments in at least two cases, but lawyers representing the students have expressed frustration at the Home Office's refusal to agree to a standard settlement scheme for those wrongly accused, the report added.
They believe such a scheme would expedite the process of securing justice for the affected students.
The law firm Bindmans is representing 23 students who have successfully appealed their immigration cases and had the Home Office's decision to revoke their visas overturned due to cheating allegations, the report added.
Clients are seeking compensation for wrongful arrest, false imprisonment, loss of earnings during the period their contested immigration status prohibited them from working, and damage to their mental health.
The Home Office had cancelled the visas of approximately 35,000 international students following a BBC documentary revealing evidence of cheating in some English language test centres. The incident took place a decade ago, the report mentioned.
A Home Office spokesperson told The Guardian, “The 2014 investigation into the abuse of English language testing revealed systemic cheating indicative of significant organised fraud. Courts have consistently found the evidence was sufficient to take the action we did.”
It has also been reported that most of the students, represented by Bindmans, were not informed about the cheating accusation.
“Our clients have been through hell,” Alice Hardy, a partner at Bindmans was quoted as saying.
She further stated that the Home Office intentionally withheld information from the students, failing to inform them of the cheating accusations and denying them the chance to defend themselves. Instead, the Home Office revoked their immigration status without providing an option for an appeal within the country.
“These situations persisted for up to 10 years and caused untold suffering,” Ms Hardy added. “It is now apparent that the allegations were based on thin evidence.”
The firm has issued 23 claims between October 2020 and March 2022, but only one case has been settled.
Ms Hardy also remarked that the Home Office has the opportunity to mitigate some of the harm by apologising to their clients and agreeing to a practical and efficient settlement scheme. “It is deeply disappointing that they are declining to do that.”