Fan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream, before the Tribunal. The applicant sought review of a decision concerning their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied clause 485.212 of Schedule 2 to the Regulations. This clause requires that an application for the visa be accompanied by evidence of either having undertaken a specified language test and achieved the required score within the specified period, or holding a passport of a specified type. The relevant instrument, IMMI 15/062, specified the acceptable language tests, scores, periods, and passport types.

The Tribunal reasoned that the applicant did not satisfy clause 485.212(b) as there was no evidence of holding a specified passport type. However, the Tribunal found that the applicant did satisfy clause 485.212(a). While an initial Occupational English Test result was below the required score, the applicant subsequently provided evidence of an IELTS test undertaken on 16 December 2017. The Tribunal verified this IELTS test, noting it achieved the overall band score of 6.5 with component scores ranging from 5.5 to 7, and was undertaken within the three years prior to the visa application date, thus meeting all requirements of Instrument IMMI 15/062. Consequently, the Tribunal concluded that the applicant met the criteria under clause 485.212.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria specified in clause 485.212 of Schedule 2 to the Regulations.