Kyakulumbye (Migration)

This matter concerned an appeal to the Tribunal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause requires that an application for this visa must be accompanied by evidence of either holding a specified passport or having undertaken a specified English language test within a prescribed period and achieved the required score.

The Tribunal considered the evidence provided by the applicant, including academic achievements and a receipt for an IELTS test booked after the application was lodged. The Tribunal noted that the applicant did not hold a passport from a specified country, meaning clause 485.212(b) was not met. Furthermore, the Tribunal found that the applicant had not met the requirements of clause 485.212(a) because the evidence indicated the English language test was undertaken after the visa application was lodged, and not accompanied by the application as required by the regulations.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review was therefore affirmed.