Case No. UKUT-00450(IAC)

terms. In their joint memorandum the experts helpfully outline the task to which their endeavours were addressed:“The task of the experts was to review the available material which consisted of a variety of print outs said to come from computers, handbooks which should have been used during the testing, testimonial evidence from the organisers of the events and from Home Office officials and some paper records. There was also a BBC ‘Panorama’ programme about the use of proxies and other frauds run by testing centres for the benefit of attendees ……The issue before the experts was to consider the plausibility of scenarios which might explain how the ETS computer records could reconcile the two conflicting assertions: that the audio recordings were created by proxies and that [the students] actual recordings were incorrectly married up in the ETS records.”[Emphasis added.](14)In order to understand what follows it is necessary to appreciate that the judicial review applicants, Mr Mohibullah and Mr Saha and the Appellant in the related case, MA, claim to have undergone their TOEIC speech testing at different test centres. These were, respectively:(a)Mr Mohibullah: Synergy Business College.(b)Mr Saha: Elizabeth College.(c)Mr MA: Cauldon College.All of these centres are located in the Greater London area.(15)The experts, jointly, have highlighted the following matters in particular:(i)As regards every decision such as those under challenge in the present cases, “… everything depends on the policy of the information provided by ETS to the Home Office and the ability of the Home Office to match this with the data from other sources which they hold”.According to the witness statement of the Home Office employee Mr Greene, the “Lookup tool” is an Excel spreadsheet. This mechanism was:“.. wholly developed within the Home Office to enable the information provided by ETS of invalid and questionable test results to be checked and cross referenced against the details of those who have made applications for leave to enter and remain …..A search can be made on the Lookup Tool using the ETS Certificate number, the person’s passport reference number or the unique number allocated to their record on the Home Office case work information and management system.”With the exception of the ETS “audit” of Synergy College, which is dated 16 January 2013, none of the ETS documents bears a date and “… it is not entirely clear whether they accurately refer to circumstances as they existed in April 2012 and March 2013 when the tests were taken”.There is conflicting evidence about whether the spoken and written responses of candidates to individual questions are stored on individual electronic files or otherwise.One of the ETS test centre administration manuals disclosed post dates the periods when the TOEIC Certificates of the Applicants were generated.There is clear evidence that the speaking and writing test methodology was converted in late 2011/early 2012 from a web based system to a mobile delivery system. (In passing, the Tribunal records its surprise that there is no evidence of the month, much less the