Jakesane (Migration)

This matter concerned an application for a Skilled – Independent (Permanent) (Class SI) visa, Subclass 189. The applicant sought review of a decision concerning their English language proficiency. The Tribunal was required to determine whether the applicant possessed competent English at the time of invitation to apply for the visa, as stipulated by clause 189.223 of the Regulations.

The Tribunal considered the definition of "competent English" under regulation 1.15C of the Regulations, which requires a person to have undertaken a specified language test within three years of the invitation date and achieved a specified score. The applicant had initially provided a Cambridge English (CAE) test result, which the delegate had found invalid. However, the applicant subsequently provided evidence of a Test of English as a Foreign Language internet based test (TOEFL iBT) taken on 5 August 2017. The Tribunal found that the scores achieved in this TOEFL iBT met the minimum requirements for competent English as specified in IMMI 15/005.

Consequently, the Tribunal was satisfied that the applicant had demonstrated competent English at the relevant time, thereby meeting clause 189.223. The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant satisfies this criterion.