ELT0079

Written evidence submitted by Abu Gazi

 

Introduction and background:

  1. I Abu Shahdat Md Sayem Gazi, a Bangladeshi national came to the UK on 17 July 2007, as a student.  My aim was to develop my information technology (IT) skills and to obtain a PhD which would enable me to get a good job and develop the society in back home.  The UK was thought of as the best place to study, and the policy for international students was welcoming. 
  2. When I first arrived, I studied a Foundation Diploma in the Management of Information Systems at London Premier College.  I achieved 4 distinctions and 2 merits for this course, which was the best results that year.  I finished the course in August 2008.
  3. I then studied for a Diploma in the Management of Information Systems (which is a level up from the Foundation Diploma), also at London Premier College.  This course was also a year long.  By August 2009, I had my completed course and taken all my exams. However, before I was awarded my Diploma, the agreement between London Premier College and the awarding body, IMIS (the Institute for the Management of Information Systems) was terminated.  Therefore, I was not awarded a certificate for my Diploma; I was just given a transcript of my modules, which recorded my exam results in each module.  I had paid around £3,500 to London Premier College, which was not refunded to me.  That year I lost the money, a year of study and I did not receive my award for my Diploma which I had worked hard for throughout the year.  I was very disappointed.
  4. After this, in September 2009, I went to ICON College of Technology and Management to study an Edexcel BTEC Level 5 HND Diploma in Electrical and Electronics Engineering to develop my practical “hardware” skills.  I decided to do the Higher National Course at ICON College rather than at a university for financial reasons.  The HND at ICON cost around £3,500 a year (for two years).  At the end of this, there was an option to study for a BSc “top-up” year at a university. A BSc at a university costs £9,000 a year which I could not afford.
  5. I applied for a visa in December 2009, and my application was refused in March 2010, for two reasons.  First, because the Tier 4 licence of ICON College was revoked after I submitted my application and second because I had provided my online bank statement, but the Home Office wanted my original paper statement.  I appealed.  My appeal was allowed at the end of 2010 by the time of my appeal ICON College’s Tier 4 licence had been reinstated and because I produced the paper originals of my bank statement.
  6. During the appeal process, I tried to continue with my studies, but I felt very stressed.  When the appeal had been allowed, I decided to make a fresh start, by switching to a new course, to study for an HND in Electrical Engineering to an HND in Computing and Systems Development, which I started at the beginning of 2011 at ICON college.  This was a two-year course, and I was awarded my certificate in October 2013.
  7. At the beginning of November 2013, I was accepted to study at Glyndwr University for a top-up year for a BSc (Hons) in Applied Computing. I paid full tuition fees (£7,350) for this course at the time of acceptance.  I applied for a Tier 4 visa in November 2013.  My Tier 4 visa was granted in December 2013, and it is valid until 30 October 2015.
  8. The first semester ran from January to May 2014 and comprised three modules, each attracting 20 credits, for a total of 60 credits. I took the following modules: Web Applications (in which I achieved 73% which is a distinction), Professional Issues (in which I achieved 66%, which is merit) and Database Administration and Optimisation (in which I achieved 43% which is a pass). Furthermore, I also had an outstanding attendance record – in fact, except for serious illness, I have never missed any classes throughout my time studying in the UK.

 

Letter from the Home Office:

  1. On 29 July 2014, I received a letter from the Home Office, dated 25 July 2014.  It told me that they had been provided with information from Educational Testing Services (ETS) that there was an anomaly with my speaking test which indicated a presence of a proxy test-taker, and in light of this, they thought I had used deception to gain leave to remain in the UK.  The letter informed me that as a result, I had no lawful basis for staying in the UK and that I must make arrangements to leave.  During the first week of August 2014, I received in the post an IS.96 form from the Home Office indicating that I was considered to a person who is liable to be detained.
  2. On 10 September 2014, I received a letter from Glyndwr letter firstly informing me that their Tier 4 student visa licence had been suspended by the Home Office but more importantly that they were withdrawing from my course because the Home Office had told them that my TOEIC test and certificate was invalid because of dishonesty and deception.
  3. I was shocked and distraught to receive these letters.  I felt that my character had been discredited because they were accusing me of being dishonest.  I felt humiliated.  I was also angry to have been accused and not given an opportunity to defend myself properly.  

 

English language tests:

  1. I strongly believe that my English is of a good standard. I studied in English in Bangladesh, and I attended many English courses at the British Council in Bangladesh.  Before I entered the UK in 2007, I took the International English Language Testing System (IELTS) examination in Bangladesh.  The IELTS test is operated by the British Council.  I achieved 6 out of 9 in listening, writing and speaking and 5 out of 9 in reading.  My overall score (or band) was 6.
  2. I took another IELTS test at Ealing, Hammersmith & West London College in 2011, in connection with an application to study at ICON College.  This time I achieved 6.5 in speaking.
  3. I also took a Pearson PTE English test around this time because I was anxious my IELTS test results would not be returned in whereas Pearson PTE is known to give results within a couple of days of taking the test.  I needed my results quickly because of my application for an extension of leave to remain to continue studying the HND in Electrical Engineering to an HND in Computing and Systems Development at ICON college.

 

My TOEIC test:

  1. I went to Eden College early in the morning of the 28 August 2013.  When I arrived at Eden College, I registered for the exams at the reception showing them my passport, visa and proof of address.
  2. Then I was directed by one of the exam officials to the exam room.  There were about 10 people taking the test in the room.  I, like the others taking the test, sat in front of a desktop computer.  The computer was surrounded by screens either side of each person so no one could see what was on your computer screen, to prevent people copying.
  3. Once I was sat in front of my computer for the test, the examiner told us that we had to remain for the duration of the test and they told us to check our personal details, for instance, passport number and input these details into the computer system.  I did this, and then after about 10 to 15 minutes waiting in silence, the test appeared on the computer screen. 
  4. For the speaking test (which was first), I had headphones with a microphone attached.  When the test started, I said my name and then the main part of the test started.  The instructions for the main part of the test were on the computer screen. The test consisted of four parts. For the first part, I was asked to read sentences aloud, and I was instructed by the computer instructions to read these sentences very loudly.  Everyone taking the exam spoke loudly, and it sounded like I was in a pub as we were all speaking at the same. 
  5. Another part of the test consisted of being shown pictures and scenarios, and I was asked to describe these in detail. I remember one picture showing a road with a girl standing on a zebra crossing, there was a bus waiting at a traffic signal, and there was someone selling something on the side of the road. I remember it looked like a Chinese street scene; I was asked to describe this scene.  Another part of the test I remember is being asked a few specific questions about a topic. I cannot remember the type of question, but I was given some information, and I was asked for my opinion on it. There were 3 or 4 questions on similar topics. In another part of the examination, I remember that I answered a few questions from some provided information. It was like picking answers from a conversation. As I remember, there was another part of the test that was to propose a solution. They told me about a specific problem, and I was given a few seconds to think and prepare my answer.  A part of the test towards the end allowed me to describe a topic.  I believe that there were only 5 or 6 types of questions to be answered within the timeframe.  I think the speaking test lasted about 20 minutes.
  6. After the speaking test was done, we stayed at our computer terminals and then after a few minutes we started our writing test.  I remember being asked to write an email complaining about a product or service, and I think I was also asked to write an argument on a topic. This was more of an essay type question. I had approximately 350 words for this, and then I submitted my writing test (which I think I was given about an hour to complete).  I then got up from the terminal and left.
  7. I achieved good results: 190/200 in speaking, 190/200 in writing, 470/495 in listening and 435/495 in reading. 
  8. I confirm that I sat and took all the elements of my TOEIC test.  As I have said above, I have taken several other English tests since I have been in the UK and I have passed every one of them.  I have been in the UK since 2007.  I have studied and successfully obtained several English qualifications.  My English is excellent, and there is no need for me to seek someone else to sit my test as I am very capable of taking and passing these tests as I have done in the past with my IELTS.
  9. I should also say that in August 2014 I took another IELTS test because at this point Glyndwr’s licence was suspended and I thought I might have to apply to another university to take a top-up course, and so I was preparing to make a request to transfer my course to another university.

 

My living situation:

  1. Since moving out in 2017, I have been ‘sofa surfing’ because I have no income and cannot afford to pay rent. I move between different friends’ properties, sleeping on their sofas.
  2. Since late 2016, I have been unable to walk without crutches because I suffer from severe back and lower body pain, which means that I am unable to be as actively involved in gathering evidence about the TOEIC scandal. My mobility has worsened because I suffer from a degenerative spinal condition. Because of this, I find it extremely painful to walk, and I can only walk for short periods with the help of crutches.

 

  1. I have suffered from depression, anxiety, feeling low, worthless, and panicky. I have also suffered from sleeplessness, and I have experienced suicidal thoughts since the TOEIC allegations were made against me. My GP has prescribed me anti-depressants, which I continue to take once a day.  I visit my GP every month for a repeat or a new prescription. 

 

  1. I feel continuously depressed because my life is on hold, and I feel stuck. I am already 37 years old, and I am unable to complete my education or move on with my career and personal life.

 

  1. I am supported financially by some of my friends. The amount of money I receive each month from them varies depending on how much they can afford that month. I usually receive between £40 - £200 per month. I will need to pay this money back when I can afford to. I already owe my friends around £20,000.

 

  1. I also used credit cards to pay for my day to day living costs. I have accrued approximately £40.000 in credit card bills, loans and overdraft bills since my leave was curtailed. I am not sure when I will be able to pay this back, and it seems so unfair to me that I have had to accrue all this debt because of the way I have been treated by the Home Office.

 

Court proceedings:

  1. I was extremely shocked after receiving the student visa curtailment letter and immediately instructed a local solicitor firm to write to the Home Office asking to review the 25 July 2014 decision, and requesting to retake the decision and afford me an in-country right of appeal.

 

  1. Home Office did not answer my solicitor, and I claimed Judicial review in the UTIAC on 3 October 2014. In the meantime, I approached several top legal firms in London, NUS, and few organisations who are inviting international students to the UK and finally managed Bindmans LLP to represent my case in the court. 

 

  1. The President of the UTIAC granted permission to apply for judicial review on the grounds of improper purpose and procedural fairness. The judgment which is delivered on 27 May 2015 dismissed the application for judicial review and concludes: (1) the improper ground of challenge is not established; (2) the general principle of an out of country appeal provides an adequate remedy.

 

  1. The President made an order on 28 April 2016 refusing the renewed application for permission to appeal.

 

  1. I made an application for permission to appeal to the Court of Appeal which also refused and sealed on 14 July 2016. Furthermore, permission to appeal is refused, and an order is made at an oral renewal hearing by Sales LJ on 2 November 2016.

 

  1. After more than one year on 5 December 2017, judgment is handed down in Ahsan, and others v SSHD [2017] EWCA Civ 2009 and I send a pre-action letter to the SSHD on 20 December 2017.

 

  1. The SSHD send a holding pre-action response numerous time and finally refused the in-country right of appeal on 23 March 2018.

 

  1. Finally, I applied to reopen the case in the Court of Appeal in June 2018, which is conceded by a sealed consent order on 4 June 2019.

 

Conclusion:

  1. After 5 years of legal battle, the Home Office offered me an in-country right of appeal to prove my innocence in the First-tier Tribunal, which could be done at the beginning. I will never get back the 5 years in my life, which is the golden time of life.
  2. I am very disappointed about how I have been treated in this country.  I am a genuine student who has paid a lot of money to study here.  I have done everything that I have been asked to do. It has cost too much financially, physically and emotionally.  It is such an injustice.
  3. Home Office still can give me an opportunity by withdrawing the s10 decision. I am suggesting them to take an interview (which will save all the legal cost) and close the chapter so I can go back to the university.