The home secretary, Sajid Javid, is under mounting pressure to head off an immigration scandal that MPs have warned could be “bigger than Windrush”.
About 34,000 foreign students have had their visas cancelled or curtailed and more than 1,000 people were forcibly removed from the UK as a result of the English language testing scandal, which involved the government accusing tens of thousands of students who sat a Home Office-approved test of cheating.
The Guardian understands that students who took the test of English for international communication (Toeic) five or more years ago are still being targeted by immigration enforcement officers and being taken to immigration detention centres ahead of enforced removal from the UK.
The drive to find and deport potential cheats began during Theresa May’s tenure as home secretary, when she promised to create a “hostile environment” for migrants deemed to be in the country illegally.
Thousands of students who have remained in the UK to fight to clear their reputations have spent the past five years attempting to prove that they are not guilty of cheating, but most have struggled because the Home Office has told them they have no right of appeal in the UK and must leave the country.
Amid criticism from MPs, Javid is expected to rule on the fate of thousands of the targeted students this week.
Undercover filming in a Panorama documentary broadcast in 2014 revealed clear evidence of fraud in at least two testing centres, as students took the test, which is required as part of the student visa-renewal process.
In one, the invigilator was seen reading out the answers to a multiple choice test, while in another, fake candidates arrived to take the test on behalf of those who were due to sit the exam, with the invigilators fully aware that the students were being assisted by paid proxies.
There is no doubt that there was a well-organised cheating system operating in those centres when filming took place; what is less clear is how many people were involved in the fraud.
The Panorama reporter showed the footage to May, then the home secretary, who commented: “What Panorama has uncovered is extremely important. It’s very shocking and I want to do something about it.”
The Home Office cancelled the visas of tens of thousands of students who had taken the Toeic test, large numbers of whom protest that they did not cheat. More than 4,000 have left the country without an opportunity to prove their innocence, having been told that they could be arrested if they did not leave. Immigration enforcement officers visited the homes of more than 3,600 students, as the Home Office attempted to round up all those accused of cheating.
Many of those who believe they have been wrongly targeted have asked for an opportunity to sit a new English test, pointing out that they had no need to cheat as they speak fluent English. Some were studying for degrees in English literature, others were PhD students, and some were nearing the end of accountancy and law degrees.
Those who remained in the UK have been prevented from continuing to study and are unable to work while they attempt to prove their innocence. They are also unable to open bank accounts or rent properties. Many have had to rely on their families, who helped pay fees for their unfinished courses in the UK and are now funding their attempts to have their visas reinstated so that they can continue with their studies.
The allegation of cheating in the UK makes applying to study elsewhere extremely difficult. Most chose to study in the UK because of Britain’s international reputation as a country with good universities and a reliable justice system. Because the Toeic issue has never become headline news, many say their families at home have begun to believe they must have cheated, convinced the UK government could not make such an error.
Campaigners representing students contesting the Home Office’s allegation of cheating say most of those affected have been made unwell by the prolonged strain of attempting to prove their innocence. Many have been pushed into destitution. The organisation Migrant Voice, which has worked with dozens of those affected, says many have contemplated or attempted suicide.
Mike Gapes, the MP for Ilford South, who has advised a number of affected people in his constituency, describes this as “a bigger scandal than Windrush in terms of the number of individuals removed from the country and whose livelihoods are being destroyed by anguish and despair”. The issue has its roots in the same period at the Home Office under May, when officials were developing the hostile environment, under pressure to reduce net migration to the tens of thousands and show voters that the government was taking firm steps to control illegal immigration.
The American company that administered the test, Educational Testing Service (ETS), told the Home Office that it had conducted a voice analysis of recordings of all 58,458 tests taken in 96 test centres in the UK between 2011 and 2014 and concluded that 33,725 people cheated, and a further 22,694 people had “questionable results”. Only about 2,000 were found not to have cheated.
Stephen Timms, the Labour MP for East Ham, is sceptical about these findings. “It think it’s nonsense. There is no way that 90% of those who sat the test were cheating. Do they really believe they were presiding over a system in which over 90% were cheating? It doesn’t make sense. It’s completely implausible.
“Panorama established that a few dozen people cheated, but the way the government has responded has blighted the lives of thousands and thousands who did not cheat. All the people I’ve met feel mortified that anyone would think they would cheat.
“A number of them haven’t dared to tell their family at home they have been accused of cheating because the shame is so great. They are all in the most terrible situation. A lot of the victims are living in the shadows and are ashamed to talk about it. It is surprising there hasn’t been more uproar.”
Hundreds of court hearings have subsequently questioned the reliability of the evidence provided by ETS and the Home Office. Some students have been accused of sitting a test in one centre but have clear proof that they sat it in another. At least one of those accused never sat the Toeic test but has nevertheless had his visa cancelled with no opportunity to appeal.
Timms has been told by Javid’s office that the home secretary is still waiting for some answers before deciding how to proceed. During a meeting at the end of last year, Javid told Timms and two other MPs: “I am sympathetic.”
An all-party parliamentary group has been set up to campaign on the issue and will have its first meeting in May; MPs will talk to students, lawyers and immigration judges, researching a new investigation.
Javid told Timms in the Commons on 1 April that he was taking “this issue very seriously. I have asked my officials to review it.” Campaigners are hopeful that the home secretary may finally be on the brink of taking steps to rectify the matter.
Nazek Ramadan, the director of Migrant Voice, said: “It’s an outrage that thousands of students are still suffering, five years after the first wrongful allegations. In this country, you’re supposed to be innocent until proven guilty – but for these students, that principle was thrown out of the window.
“We’ve heard from students, lawyers and judges that the Home Office has failed to present any evidence at all in most cases. In other cases, the evidence they’ve presented has been totally flawed. The only solution now is a political one. This was a Windrush-style textbook example of bad decision-making, but the home secretary has the power to put some of it right and give these students their futures back.”
A Home Office spokesperson said: “The 2014 investigation into the abuse of English language testing revealed systemic cheating which was indicative of significant organised fraud.
“The scale of this is shown by the fact that 25 people who facilitated this fraud have received criminal convictions, including four individuals convicted earlier this month of conspiracy to commit fraud.”
ETS was contacted for comment.