1517237 (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, specifically a Subclass 886 visa. The applicant sought review of a decision concerning their eligibility for the visa, with the central dispute revolving around whether the applicant possessed "competent English" as required by clause 886.213 of the Regulations. The decision was made by Antonio Dronjic, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the definition of "competent English" under regulation 1.15C. This involved considering whether an IELTS test conducted after the visa application was lodged, but within two years prior to the lodgement date, could satisfy the requirements of the regulation, and whether the applicant's specific IELTS scores met the minimum threshold for each of the four test components.

The Tribunal reasoned that, in accordance with established case law including *Berenguel v MIAC*, an IELTS test taken after the application lodgement could indeed satisfy regulation 1.15C, provided it was conducted no more than two years before the application date. The applicant had provided an IELTS report from a test taken on 8 October 2016, with scores of 6.5 for Listening, 6.0 for Reading, 6.0 for Writing, and 6.0 for Speaking. The Tribunal found that these scores met the requirement of achieving at least 6 for each of the four test components. Consequently, the Tribunal determined that the applicant had demonstrated competent English as defined in regulation 1.15C and therefore met the requirements of clause 886.213.

The Tribunal remitted the application for a Skilled (Residence) (Class VB) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria for a Subclass 886 visa in relation to competent English. The Minister was to proceed to consider the remaining criteria for the visa.