George Vadakkedath (Migration)

The Administrative Appeals Tribunal considered the case of George Vadakkedath concerning his application for a Subclass 186 Employer Nomination Scheme visa, specifically under the Temporary Residence Transition stream. The primary dispute revolved around whether Mr. Vadakkedath met the English language proficiency requirements stipulated by the relevant migration regulations.

The Tribunal was required to determine if Mr. Vadakkedath satisfied clause 186.222 of Schedule 2 to the Migration Regulations 1994. This clause mandates that applicants in the Temporary Residence Transition stream must either demonstrate a defined level of English language proficiency or belong to a class of persons specified in legislative instrument IMMI 17/058. The applicable standard for Mr. Vadakkedath's application was "vocational English," which, according to regulation 1.15B, could be met by undertaking a specified language test within three years preceding the application with a specified score, or by holding a specified passport. Alternatively, an exemption category under IMMI 17/058 applied if the applicant had completed at least five years of full-time study in English.

The Tribunal found that while Mr. Vadakkedath had undertaken an IELTS test on 29 April 2017, which met the score requirements for vocational English, this test was not completed within the three-year period immediately preceding his visa application. However, the Tribunal was satisfied, based on the evidence presented, that Mr. Vadakkedath had completed a Bachelor of Science degree in India and vocational studies in Australia, totalling approximately 60 months of full-time study delivered in English. This met the exemption criteria under IMMI 17/058 for having completed at least five years of full-time study in English.

Consequently, the Tribunal remitted the applications for reconsideration, directing that the first applicant, George Vadakkedath, meets the criteria under clause 186.222 for a Subclass 186 visa. The application of the second named applicant, as a member of the family unit, would be determined by reference to this outcome.