An Indian student who lied about his English skills to a British university has lost his legal attempt to remain in the country after "woefully" failing a basic test.
Kapil Singh had been offered a place at Scotland's Heriot Watt University in Edinburgh to study business administration after he lied about his level of English and got his cousin to sit a test for him, London's high court heard.
On arrival at London's Heathrow Airport last November, he was randomly stopped and asked questions about his purpose for entering the UK.
But his replies to the simple questions, and the discovery of cheat sheets in his luggage, made it apparent to staff that he had little grasp of English.
He applied to the London's high court to challenge the decision to deport him but was refused by Judge Clive Sheldon QC.
Immigration officials interviewed Mr Singh
Are you happy to be interviewed in English? Yes Sir.
How much is your course for the first year? 4 Years.
How much have you paid towards your course so far? Administrator and Business courses.
When does your course start? 15th September 2020.
Did you take an English exam for your student visa? [no answer].
Why do you have two sheets of paper [with English questions on]? "It was my cousin wrote the answers. I had a problem that's why I had sheets."
What was the problem? "A pain on my right side".
What difference would that have made? "Because I was in a problem; that's why."
What was your score in the English examination? "I don't remember. I am a little bit nervous."
Are your educational certificates false? "No".
Why then can you not speak English to the stated level? "I had a problem ... because of my illness, I became very nervous."
Why can you not speak English now? "Because I am scared inside. [Because it is the] first time I have come to a foreign country."
Judge said his English language skills were 'woefully lacking'
Mr Singh had originally been accepted on the course on the understanding that he had attained competence in English at level B2 of the Common European Framework of Reference for Languages in all four components, in reading, writing, speaking and listening, the minimum standard required under the Immigration Rules.
"You have conclusively failed to demonstrate that you meet this requirement," immigration officials told Mr Singh.
"On examination on arrival today you were unable to hold a conversation in English with the immigration officers or answer questions at a basic level of English and when asked whether you spoke English, your response was "No" and your subsequent interviews were necessarily conducted in Hindi. I therefore cancel your continuing leave.
"I am satisfied that due to the standard of English you have demonstrated you do not have and have not had a genuine intention to study in the United Kingdom and are therefore not a genuine student."
During his interview Mr Singh refused a review of the decision and was informed that if he refused he could not change his mind at a later date.
On hearing of his son's detention, Mr Singh's father paid for a legal team to challenge the decision.
In a witness statement to the court, Mr Singh said he "literally did not even know what 'review' meant in the circumstances and what it would entail. The only thing I could understand was the possibility to come out of the situation by opting to return to India".
On hearing the case, Judge Sheldon QC dismissed his appeal and said the evidence available to the immigration officer to support his conclusion was "overwhelming".
"Mr Singh's English language skills when presenting himself at Heathrow were woefully lacking, and did not reflect someone who was capable of attaining the appropriate level of competence in English," the judge said.
"Mr Singh's poor English skills were reflected in the crib sheets that were found in his luggage. Mr Singh would not have needed these sheets if his English language skills were of the appropriate level.
"His excuses for why he needed those sheets, and why his English language skills were "woefully lacking", were wholly unconvincing.
"Mr Singh did not complete the visa application form, rather this was filled out by his cousin. His cousin also wrote out the crib sheets. This all begs the question as to whether Mr Singh had disclosed material facts as to the true nature of his English language skills when he initially applied for and obtained entry clearance."
The UK has toughened its student visa criteria in recent years after it was revealed a network of agents had been helping overseas students to pass English language exams in order to obtain false documents and doctor their academic records.
