Dao (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application, Subclass 485 (Temporary Graduate) – post-study work stream, made by the applicant, Dao. The dispute centred on whether the applicant met the English language proficiency requirements for the visa.

The Tribunal was required to determine if the applicant had provided evidence of undertaking a specified language test and achieving the required score within the period stipulated by the relevant instrument, or if the applicant held an eligible passport. Specifically, the Tribunal had to assess whether a Pearson PTE Academic test result taken on 8 July 2019 met the criteria, or if a subsequent test taken on 28 August 2019 could be considered.

The Tribunal reasoned that the Pearson PTE Academic test taken on 8 July 2019, while within the three years prior to the application, did not meet the minimum score requirements specified by the Minister. The applicant achieved an overall score of 38, falling short of the required 50, and also failed to meet the minimum component scores in listening and speaking. Although a subsequent test taken on 28 August 2019 did meet the score requirements, it was taken after the visa application was lodged, and therefore did not satisfy the condition that the test be taken within the three years prior to the application. The Tribunal also noted that the applicant held a Vietnamese passport, which was not specified as an eligible passport by the Minister.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, as she failed to satisfy the English language proficiency requirements for the Subclass 485 visa in the Post Study Work stream.