International students in the United Kingdom have taken legal action against the UK Home Office, alleging wrongful detention and loss of earnings following the cancellation of their visas over accusations of cheating in English language tests.

Represented by the law firm Bindmans, 23 students who have successfully appealed immigration decisions are seeking compensation for damages, including wrongful arrest, false imprisonment, loss of earnings, and mental health issues. The legal team has urged the Home Office to treat this as a group action to expedite justice.

The dispute stems from the Home Office's actions a decade ago, when it moved to cancel the visas of around 35,000 international students after a documentary exposed cheating in some English language test centers. While acknowledging cheating occurred in some approved centers, students have long protested that the department wrongly categorized the vast majority of test-takers as potential cheaters.

According to the Economic Times, the UK government has made payments in at least two cases, but lawyers are frustrated by the department's reluctance to agree to a standard settlement scheme, which they believe would streamline the process of securing justice.

Bindmans partner Alice Hardy criticized the Home Office for failing to inform students of the cheating allegations. Hardy described the students' experiences as "hell," noting the devastating impact on their lives, including losing homes, livelihoods, and the right to work and study.

Despite issuing claims between October 2020 and March 2022, only one case has settled, with lawyers hoping for a compensation scheme akin to the Windrush compensation scheme. The Home Office has rejected this proposal.

Responding to the accusations, a Home Office spokesperson cited a 2014 investigation into English language test abuse, which revealed systemic cheating indicative of significant organized fraud. The spokesperson emphasized that courts have consistently upheld the sufficiency of evidence supporting the Home Office's actions.