Imran (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Imran, an applicant for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa. The dispute concerned whether the applicant had met the English language proficiency requirements for the visa. The AAT was tasked with reviewing a decision that had been made regarding the applicant's eligibility.

The primary legal issue before the Tribunal was whether the applicant had achieved the minimum scores required in the Pearson PTE Academic test, as stipulated by the relevant legislative instrument, IMMI 15/062, to satisfy the English language proficiency criterion for the Subclass 485 visa.

The Tribunal found that the evidence presented by the applicant, specifically their Pearson PTE Academic test results, did not demonstrate the required minimum scores across all components of the test. Consequently, the applicant had failed to satisfy the English language proficiency requirement. The Tribunal therefore remitted the decision under review back to the delegate for reconsideration, with directions to refuse the visa application on the basis that the English language requirement had not been met.