Abhishek Kumar (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Abhishek Kumar for a Skilled (Provisional) (Class VC) visa, subclass 483 (Temporary Graduate). The applicant sought review of the delegate's decision to refuse his visa application. The refusal was based on two grounds: firstly, that the applicant failed to provide evidence of English language ability from a test completed within the three-year period preceding the application, and secondly, that the applicant did not hold a passport from a specified country.

The Tribunal was required to determine whether the delegate had erred in refusing the visa application. Specifically, the Tribunal had to consider whether the applicant had satisfied the English language requirement as stipulated by the relevant migration regulations, and whether the passport requirement was a mandatory criterion that had not been met.

In its reasoning, the Tribunal noted that the applicant had provided an IELTS test result dated 15 March 2017, which was more than three years prior to the date of the visa application. The Tribunal found that this evidence did not meet the requirement for a language test to be completed within the three-year period immediately before the application was lodged. Furthermore, the Tribunal observed that the applicant did not hold a passport from any of the countries listed in the relevant legislative instrument for the purpose of satisfying this particular criterion. Consequently, the Tribunal concluded that the applicant had failed to meet essential criteria for the grant of the visa.

The Tribunal affirmed the delegate's decision to refuse the visa application.