Joseph (Migration)

The Administrative Appeals Tribunal considered the case of Joseph, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485. The central dispute concerned whether the applicant had met the English language proficiency requirements stipulated by clause 485.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had provided evidence of undertaking a specified language test within the specified period and achieving the required score, or if the applicant held a passport of a type specified by the Minister. The relevant instrument, IMMI 15/062, outlined these requirements.

The Tribunal found that the applicant did not meet the alternative criterion of holding a specified passport. However, it determined that the applicant had satisfied clause 485.212(a) by providing evidence of an IELTS test undertaken on 3 February 2018. The results of this test, which were verified, met the specified score requirements for the IELTS test as a designated language test. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 485.212.