The Issues
(10)Intensive pre-hearing case management has reduced the issues to be considered. These have been formulated with some precision. Underpinning the issues is the Appellant’s acceptance that the voice contained in the computerised voice files which are said to have been generated by his TOEIC speaking test is not his. The Appellant’s formulation of the issues to be addressed is the following:(i)Whether his voice was properly recorded and/or correctly transferred to ETS in the United States.(ii)Whether the voice recordings provided by ETS in these proceedings relate to the test which he took. (iii)Whether there was a breach of the Data Protection Act in the transmission of his data to ETS in the United States.On behalf of the Secretary of State, it is contended that the central issue to be determined by the Tribunal is whether the Appellant used a proxy to undertake the speaking test. This effectively encompasses issues (i) and (ii).
- Anonymity
- Introduction
- R (Gazi) v Secretary of State for the Home Department (ETS – Judicial Review)
- SM and Qadir v SSHD (ETS – Evidence – Burden of Proof)
- speaking
- SM and Qadir
- The Issues
- The Expert Evidence
- could
- uploading
- The Appellant’s Case
- several
- to where
- anything
- The Main Factual Issues: Findings And Conclusions
- general
- specific
- Secretary of State for the Home Department v Shehzad and Chowdhury
- apparently
- other
- Decision and Disposal
- Date:
- Ruling No 1
- APPENDIX 2. Ruling No 2
- Harris
- APPENDIX 3. Ruling No 3