BRITO BEZERRA CAMPELO DE MORAES (Migration)

This matter concerned an application for review of a decision regarding a Regional Employer Nomination (Permanent) (Class EN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to demonstrate they met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant possessed "competent English" as defined by the relevant regulations, or if they belonged to a class of persons exempted from this requirement. Specifically, the Tribunal had to determine if the applicant met the criteria outlined in clause 187.232 of the Migration Regulations 1994, considering the applicable legislative instruments, IMMI 17/058 and IMMI 15/005.

The Tribunal found that the applicant had not provided evidence of achieving the required scores in a specified English language test within the three years preceding the visa application, nor did they hold a passport from a country specified for exemption. The applicant's reliance on incorrect advice from a migration agent regarding the English language test was noted as unfortunate but did not alter the legal requirements. As the applicant did not satisfy the definition of competent English under regulation 1.15C, and no exemption class applied, the criteria for the visa were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.