2108762 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme). The applicant had provided information regarding their English proficiency, claiming that their secondary or higher education had been delivered in English for five years.

The Tribunal was required to determine whether the applicant had provided incorrect information in their visa application, specifically concerning their English language proficiency. It also had to consider whether the Minister had correctly exercised their discretion to cancel the visa, having regard to the applicant's study and work history, and the circumstances of COVID-19 restrictions.

The Tribunal found that while most of the applicant's education was in English, the final two years of their secondary schooling were conducted in Punjabi. This meant the applicant did not meet the primary requirement for English proficiency through their education. Although the applicant's test scores were insufficient to meet an alternative requirement, the Tribunal considered the value of the applicant's work to their employer during COVID-19 restrictions, particularly in light of skilled staff shortages. Ultimately, the Tribunal set aside the decision under review.