Awan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), heard by Member Simone Burford of the Tribunal. The applicant sought review of a decision not to grant the visa, with the central dispute revolving around whether the applicant met the English language proficiency requirements as stipulated by the relevant legislative instrument.

The Tribunal was required to determine whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause outlines two alternative pathways for demonstrating English language proficiency: either by holding a specified passport or by undertaking a specified language test with a minimum score within a defined period. The Tribunal also considered whether the applicant had provided evidence of undertaking the specified language test after lodging the application and achieving the required score.

The Tribunal found that the applicant did not hold a passport from a country specified in the relevant instrument (IMMI 15/062), thus failing to meet clause 485.212(b). Regarding clause 485.212(a), while the applicant provided evidence of an IELTS test taken on 4 September 2018, this date was after the visa application was lodged. The delegate's decision, which the Tribunal affirmed, noted that the applicant had answered "No" to a question on the application form regarding English language proficiency, and the provided evidence of test booking was for a date prior to the test result. The Tribunal concluded that the applicant had not met the requirements of clause 485.212, as the evidence did not demonstrate that the language test was undertaken and the specified score achieved in accordance with the regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.