Amir (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant, a citizen of Indonesia, sought to satisfy the English language proficiency requirement for the visa. The Tribunal was required to determine whether the applicant had met the criteria for the visa, specifically concerning English language proficiency and the provision of a recognised English language test certificate.

The primary legal issue before the Tribunal was whether the applicant had complied with clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to provide evidence of having undertaken a specified language test and achieved the required score within a specified period, or to hold a passport of a type specified by the Minister. The Tribunal considered the relevant legislative instrument, IMMI 15/062, which outlines the recognised language tests and requirements.

The Tribunal found that the applicant did not hold a passport of a type specified in IMMI 15/062, thus failing to meet clause 485.212(b). Regarding clause 485.212(a), the applicant had submitted a 'Basic English Course Certificate' obtained in Indonesia in 2014. However, the Tribunal determined that this certificate was not a recognised English language test under IMMI 15/062, and no other evidence of a competent English level from a recognised test was provided with the application. Furthermore, the applicant failed to respond to the Tribunal's hearing invitation or appear at the scheduled hearing, despite attempts by the Tribunal to contact him. Consequently, the Tribunal was not satisfied that the applicant met the criteria for the visa.

The Tribunal affirmed the decision of the Department not to grant the applicant a Skilled (Provisional) (Class VC) visa, Subclass 485.