Upper Tribunal Immigration and Asylum Chamber

[2024] UKUT 00142 (IAC)

Fecha: 21-Dic-2023

Types of toeic fraud

Types of toeic fraud

33.

Although Mr Ó Ceallaigh identified three variations of the fraud in his opening (paragraph [25] above), throughout the evidence before us there is reference to various other methods. The task of a Tribunal is that much more difficult because of the wide-ranging terminology used throughout, and interchangeably. To assist in ensuring that we are clear as to the methods of TOEIC fraud that we are asked to consider, the parties prepared an agreed note on the types of TOEIC fraud possible. They provided us with the following suggested descriptions based upon the evidence before us:

(a)

Direct substitution: Where a candidate books the test and a proxy physically takes their place at the PC.

(b)

Remote control (includes TeamViewer-type software): Where there is a ‘hidden room’ and a proxy in the ‘hidden room’ takes direct control of the PC in the ‘open room’.

(c)

Dual monitor: Where there is a ‘hidden room’ and the proxy does the test in the ‘hidden room’, while the candidate in the ‘open room’ has only a second monitor directly connected to the candidate’s PC in front of them, but cannot control anything.

(d)

Parallel testing (cloned manager PC): Where the test is run from two manager PCs, in an ‘open room’ full of candidates and a ‘hidden room’ full of proxies, with only the latter tests being uploaded.

(e)

Fake identities (with two rooms, one with cancelled tests): Where the test is done by a candidate in a fake identity and by a proxy in the candidate’s identity. The tests in the fake identities are cancelled pre-upload, so only the tests in the candidate’s identity are uploaded.

(f)

Mass replacement of voice files: Where voice files are re-used or recordings are made and then replayed during a test.

(g)

Possible other methods.

34.

The parties accepted in their closing submissions that:

(i)

The methods identified at (a), (b), (c), and (e) operate so that the candidate is complicit in the fraud.

(ii)

Methods (b), (c), (d) and (e) involve the use of a ‘hidden room’. Method (d) can operate so that the test can be taken by a genuine candidate who is unaware of any fraud, or by a candidate complicit in the fraud.

35.

The focus at the hearing before us has been upon the methods that are set out in paragraph [33]. Mr Nicosia refers to the exercise completed following the Panorama programme to review the ‘speaking and writing’ components of the TOEIC tests and identifies a number of categories where irregularities were found:

A different voice appears on a repeat test. For example, if the person sits a test in September and another test is received from the same person in October, but the voices on the test are different.

There is more than one voice on the test.

The same voice features on multiple tests in different identities.

The candidate is taking the test but somebody is sitting beside them telling them what to say. This is a ‘script model’ where all the test takes in the same session give the exact same answer.