Upper Tribunal Immigration and Asylum Chamber

[2024] UKUT 00142 (IAC)

Fecha: 21-Dic-2023

TOEIC Testing

TOEIC Testing

28.

Before turning to issues it will assist if we say a little more about TOEIC tests. We have unchallenged evidence before us, which we accept, regarding the form of the TOEIC tests from two sources. The first is set out in a witness statement prepared by Raymond Nicosia, an Executive Director of ETS. The second is the evidence of Richard Shury who was a Security and Compliance Specialist for ETS Global between December 2012 and November 2014. He has provided a witness statement dated 3 June 2023 and gave evidence before us. The evidence establishes there are two separate components to the English language proficiency test:

There is a two hour papers based ‘listening’ and ‘reading’ test. The ‘listening’ test was forty-five minutes long and consisted of questions played aloud with answers recorded on a multiple choice answer sheet provided to the candidate. The ‘reading’ section of the test was seventy-five minutes long and consisted of questions answered from a test booklet and the answers were marked on a paper sheet.

The ‘speaking’ and ‘writing’ test was computer based, and lasted a total of eighty minutes. The ‘speaking’ section lasted twenty minutes, and candidates wore a headphone with microphone attached. The candidate responded to audio and visuals on the screen, by speaking into the microphone. The ‘writing’ element of the test lasted sixty minutes, and required the candidate to type answers in response to questions on the screen.

29.

The evidence before us is that candidates were able to take the ‘speaking’ element only (“a speaking only test”) and that test was run separately and at different times to the ‘speaking and writing’ test. The date and time for ‘speaking and writing’ tests were planned in advance and set by ETS Global. The test would be controlled remotely by ETS Global and delivered to a number of test centres across the UK at the same time. There was one morning and one afternoon test on the first, third, and fourth Wednesday, and the third Tuesday of each month.

30.

The time for the ‘speaking and writing test’ was set by ETS Global, as was the time allotted for each question, and could not be altered. The test centre would book with ETS Global, the number of students that were booked to sit the test at the centre. The day before the tests, the Test Centre Administrator’ (“TCA”), an individual trained by ETS Global staff, or the nominated person at the test centre, would have a set of codes sent to them by ETS Global, at an agreed email address. The codes sent were generated for a specific session and were unique to that session.

31.

In addition to a computer for each candidate, there was another computer present called the “Admin PC” that was used by the TCA or a ‘Proctor’ to download the test to be taken, and then upload the completed tests.

32.

As to events on the day of a ‘speaking and writing test’:

An hour before the test, the codes sent by ETS Global would be input by the TCA into the ETS Global website via the Admin PC. This would enable the TCA to download the test material onto the Admin PC, and generate a password referred to as the Proctor Password (a four digit PIN).

The individual computers on which the tests were taken would then be turned on, and by visiting the ETS Global website, the TCA could ‘log-on’ to the test and the start screen for the TOEIC test would be displayed. The process could be completed by the TCA or a ‘Proctor’.

All the candidate computers are linked to the Admin PC by a ‘Local Area Network’ which negates the need for them to have internet access. The candidates should only have access to the test programme log-in screen on their computer.

The candidate enters their name (forename and surname), date of birth and an identification number such as their passport or driving licence number. The information entered is checked by the TCA to ensure it has been entered correctly against the identity document that the candidate is required to have with them. The candidate cannot proceed until the candidate’s ID has been checked and the TCA enters the ‘Proctor’ password.

When a candidate logs-on to take the ‘speaking and writing test’, a unique identification number is created. The first four digits are the UK international dialling code. The next six digits are the test serial number and the last six digits are the individual candidate number.

The Admin PC shows a list so that the TCA can see that the student computers are logged on.

The candidates then navigate a series of questions that are not part of the test but marketing orientated. There is a sound check for the microphone and headphones. The candidate will then reach a screen from which they cannot go any further and a countdown takes place. The TCA has no control of the timing of the test as it is generated remotely by ETS so that the test will not begin until the predetermined start time. Any candidate that has not completed the introduction process by the pre-determined test time, is unable to log on for that test session.

The test starts with the ‘speaking test’ that is controlled remotely and lasts twenty minutes.There is then an optional three minute break before the ‘writing’ element of the test begins, which lasts one hour. The candidate is required to remain for the total duration of the test (one hour and twenty minutes).

The test completes automatically and a screen appears asking candidates to check their answers. Candidates can check that their answers have been both recorded and typed correctly but no changes can be made to the answers given. Once they are satisfied their answers have been recorded, the candidate clicks finish.

Once all candidates have completed the test, the TCA will photograph each candidate, either by use of a webcam on the master computer, a computer set aside for that purpose, or via an iPhone. The photograph element requires the TCA to re-enter the codes previously used to initiate the download for the test. The photograph is married up with the candidate’s details on the computer and the identification relied upon, and then uploaded.

Once the ‘speaking and writing test’ is completed the computer based portion is sent to ETS and the test is subject to anonymous marking. The tests were initially transmitted via a web based platform and that was later changed to a mobile platform. The tests were sent to ETS via the YBM platform in South Korea and stored on servers at ETS, backed up by servers in Baltimore.

Once the test has been marked, if the test was taken at a college, the score reports were sent to that testing centre to be sent on to the candidate. The unique identification number (see (e) above) appears on the score report generated and test certificate. It also appears on a ‘results audit’ and the ‘audit recording’.The number is unique to the candidate and any associated voice samples provided during that test administration. If a candidate re-takes the test, the candidate will receive a new candidate number for each re-test.