Arifin (Migration)

This matter concerned an appeal by Mr Arifin against a decision to refuse his application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Arifin met the English language proficiency requirements for the visa. Under the relevant regulations, applicants in this stream must demonstrate vocational English, either by achieving a specified score in a language test within the preceding three years or by holding a specified passport.

The Tribunal noted that Mr Arifin held an Indonesian passport, which did not exempt him from the language testing requirement. In his application, he stated he had not undertaken an English language test in the last 36 months and did not possess at least functional English. Despite requests from both the Department and the Tribunal for further information to demonstrate English language proficiency, Mr Arifin failed to provide any evidence. Consequently, the Tribunal found that the criteria under clause 186.222 of the regulations were not met. As Mr Arifin did not meet the primary criteria for the visa, his family unit members also did not meet the criteria for inclusion in the application.

The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to Mr Arifin and his family unit members.