Hashmi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa, Temporary Residence Transition stream, made by Mr. Hashmi. The primary issue was whether Mr. Hashmi met the English language proficiency requirements stipulated in clause 187.222 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Hashmi possessed "competent English" at the time of his visa application, as defined by regulation 1.15C. This definition requires either a specified score on a recognised English language test within the preceding three years or holding a specified passport. The Tribunal also considered whether the circumstances of the case warranted a referral to the Minister for consideration of intervention under section 351 of the Migration Act 1958, particularly in light of unique or exceptional circumstances.

The Tribunal found that Mr. Hashmi did not meet the "competent English" requirement at the time of his application, as the PTE Academic test he provided did not achieve the specified scores in all four components. Despite this, the Tribunal acknowledged significant evidence of Mr. Hashmi's strong community engagement in Coober Pedy, his wife's in-demand skills, and the critical need for his role in a remote community. Consequently, the Tribunal decided to affirm the decision not to grant the visa but referred the matter to the Minister under section 351 of the Act for potential public interest intervention.