Javed (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Mr. Javed. The dispute centred on whether the applicant had provided sufficient evidence of English language proficiency at the time of lodging his visa application, as required by the Migration Regulations.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations. This clause mandates that an application for a Subclass 485 visa must be accompanied by evidence of having undertaken a specified language test and achieved the required score within the specified period, or by evidence of holding a specified type of passport.

The Tribunal found that the applicant did not meet the passport requirement under clause 485.212(b). Regarding the language test requirement under clause 485.212(a), the applicant initially declared an IELTS test from 2018, but the Department identified an earlier test from 2010 which did not meet the date requirements. While the applicant later provided an IELTS certificate dated 11 August 2018, his evidence regarding when this and other English test certificates were uploaded was inconsistent and unreliable. Consequently, the Tribunal was not satisfied that the application was accompanied by the required evidence of an English language test meeting the specified criteria at the time of lodgement.

As the applicant failed to satisfy clause 485.212, he did not meet the criteria for the grant of a Subclass 485 visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.