Daniels (Migration)

This matter concerned an appeal by Mrs Daniels against a decision to refuse her application for a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether Mrs Daniels met the English language requirements stipulated in clause 485.212 of Schedule 2 to the Migration Regulations 1994. The decision was made by Katie Malyon, a Member of the Tribunal.

The Tribunal was required to determine whether Mrs Daniels satisfied clause 485.212(a) or (b) of the Regulations. Clause 485.212(a) requires an applicant to have undertaken a specified language test and achieved a specified score within a specified period prior to the visa application. Clause 485.212(b) allows for meeting the requirement by holding a passport from a specified country. The relevant legislative instrument, IMMI 15/062, detailed the accepted language tests, scores, periods, and passport types.

The Tribunal found that Mrs Daniels did not meet clause 485.212(b) as she did not hold a passport from the United Kingdom, United States of America, Canada, New Zealand, or the Republic of Ireland. Furthermore, Mrs Daniels had responded "No" to questions on the visa application form regarding meeting English language requirements, specifically stating she had not undertaken an English language test within the last 36 months prior to her application. While she later indicated she booked a test for 29 July 2017, this was after her application was lodged, and she admitted to not being "clued up" about the requirements and relying on her representative. The Tribunal concluded that, based on the evidence and her responses, Mrs Daniels had not satisfied the requirements of clause 485.212.

Consequently, the Tribunal affirmed the decision not to grant Mrs Daniels a Subclass 485 visa, as she failed to meet the essential criteria for the visa subclass.