Kong (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Kong for a Temporary Graduate visa (subclass 485). Mr. Kong sought review of the delegate's decision to refuse his visa application. The core of the dispute concerned whether Mr. Kong met the English language ability requirements for the visa.

The primary legal issue before the Tribunal was whether Mr. Kong satisfied the English language ability requirement as stipulated in Schedule 1 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if Mr. Kong had undertaken an approved English language test within the three years immediately preceding his visa application, or if any exceptions to this requirement were applicable.

The Tribunal found that Mr. Kong had not provided evidence of undertaking an approved English language test within the relevant three-year period. Furthermore, the Tribunal concluded that Mr. Kong did not meet any of the prescribed exceptions to the English language testing requirement. Consequently, the Tribunal determined that Mr. Kong had failed to satisfy a criterion for the grant of the visa. The Tribunal affirmed the delegate's decision to refuse the visa application.