British MPs have called for an independent inquiry into the “outrageous” treatment of students, mostly from India, Bangladesh and Pakistan, who were “unlawfully” deported or left in limbo after they were all accused of cheating on an English language test needed to study in the UK.

Labour MP Wes Streeting led the Westminster Hall debate on what he described as “Britain’s forgotten immigration scandal,” which had led to thousands being wrongly deported and tens of thousands left in limbo, or having their visas cancelled. “Their lives have been plunged into chaos by a government who have effectively branded them all cheats, defied the principles of natural justice and created a hostile environment for international students,” Streeting said during the debate.

Call for apology

MPs also called for an apology and potential compensation from the government, with some likening the situation to the controversy over the treatment of Commonwealth citizens, mostly from the Caribbean, that has come to be known as the Windrush scandal. Government figures published in 2016 revealed that over 35,870 visa holders had visas refused or curtailed because of the TOEIC (Test of English for International Communication) exam, while 4,600 had been removed.

The British government has, for a number of years now, been taking foreign students, workers and others to court on a charge of committing fraud to obtain the English-language qualification to stay in the UK. Since 2010, a number of institutions, including Educational Testing Services (ETS), an American company with many TOEIC centres, have been responsible for running exams — covering different levels of English language proficiency required by different types of visas — that were recognised by the UK government.

In February 2014, a BBC Panorama investigation found evidence of fraud at an ETS centre, and this acted as a trigger for the British government’s deportation programme. Since then, thousands of people, who had gained their qualification via ETS centres across the UK, were accused of fraud. Thousands were deported while others, who were unable to work or study and with limited financial resources, left the country.

The system used to determine whether fraud was committed has faced much criticism and challenges in courts. Streeting told MPs: “For those whose test results were deemed invalid by ETS, the Home Office relied on the assurances of an untrustworthy provider to presume the guilt of tens of thousands of international students without properly considering the merits of individual cases or giving those students an opportunity to defend their innocence.”

“We have seen blanket decisions and people deported without an opportunity to defend their innocence. I believe the Government have acted unlawfully and I am afraid that this country’s reputation for respect, access to justice and upholding the rule of law is not warranted in this case,” he said.

MPs participating in the debate pointed to court decisions that had raised concerns on the Home Office’s approach as well as the experience of their constituents caught up in the scandal. Labour MP Lyn Brown said: “People have been separated from their families, detained and deported, their assets are stripped away and their sources of income removed. Some become homeless.”

Others drew parallels with the controversy over professionals being refused permission to remain in Britain using anti-terror legislation because of changes they had made to their tax records; this has impacted many Indian, Bangladeshi and Pakistani citizens. They questioned whether both were as a result of internal targets within the Home Office.

“Innocent applicants may well have been caught up in a widespread fraud,” acknowledged Immigration Minister Caroline Nokes, who nevertheless insisted the government had acted proportionately, both in initial actions and responding to judgments from the Court of Appeal. “We are right to continue acting on these cases.”

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