Dockery (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Skilled Nominated (Permanent) visa (Subclass 190) by an applicant, Ms. Dockery. The central dispute concerned whether Ms. Dockery had demonstrated the required level of English language ability to meet the visa criteria.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the English language proficiency requirement for the Subclass 190 visa, specifically in light of new evidence submitted after the initial decision. This involved assessing whether the applicant's IELTS test score met the threshold for "Proficient English" as defined by the relevant regulations.

The Tribunal's reasoning focused on the evidence of the applicant's IELTS test score, which indicated a score of at least 7 in each of the four components (speaking, reading, writing, and listening). The Tribunal was satisfied that this score demonstrated "Proficient English," which would add 10 points to the applicant's overall score. This brought her total score to 65 points, exceeding the required 60 points for the visa. Consequently, the Tribunal concluded that the criterion was met.

The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria under cl.190.214(2) of Schedule 2 to the Regulations.