Alamrani (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Ms Alamrani. The dispute centred on whether the applicant met the English language proficiency requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an application for this visa must be accompanied by evidence of either holding a specified passport or having undertaken a prescribed English language test within a specified period and achieving a specified score. The relevant instrument, IMMI 15/062, outlines the acceptable tests, scores, periods, and passport types.

The Tribunal found that the applicant did not hold a passport from any of the countries specified in the instrument, thus failing to meet clause 485.212(b). Consequently, the applicant was required to satisfy clause 485.212(a) by providing evidence of a prescribed English language test. The applicant confirmed that she had not undertaken any of the specified tests, such as IELTS, TOEFL iBT, PTE Academic, CAE, or OET, within the 36 months preceding her visa application. While the applicant provided evidence of completing an academic English course at the University of Toronto in 2016, this did not constitute a prescribed English language test for the purposes of the visa subclass. The Tribunal concluded that the applicant had not met the English language proficiency requirements.

Therefore, the Tribunal affirmed the delegate's decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485.