Cao (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, also known as a Subclass 485 visa. The applicant sought review of a decision concerning their English language ability.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for the visa. This involved assessing the validity and sufficiency of the evidence provided by the applicant to demonstrate their English language skills.

The Tribunal received a PTE Academic Institution Score Report dated 22 October 2018, which detailed the applicant's test results from 17 August 2018. The report indicated an overall score of 51 and a minimum score of 36 in each component, which satisfied the required standard. After verifying these results directly with the test provider, Pearson’s, the Tribunal was satisfied that the applicant met the relevant criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.485.212 of Schedule 2 to the Regulations.