Dissanayake (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Dissanayake, an applicant for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core dispute concerned whether the applicant met the English language proficiency requirements for this visa subclass.

The Tribunal was required to determine if the applicant's English language test had been undertaken within the three-year period immediately preceding the date of the visa application, as stipulated by clause 485.212 of Schedule 2 to the Migration Regulations.

The Tribunal found that the applicant's English language test was not undertaken within the prescribed period. Consequently, the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. As this was the only visa subclass under consideration, the Tribunal affirmed the decision not to grant the applicant the visa.