Le (Migration)

This matter concerned an application for a Subclass 407 Training visa. The applicant sought review of a decision to refuse the visa, which was primarily based on the applicant not satisfying the English language proficiency requirement under cl.407.212 of Schedule 2 to the Regulations. This criterion requires applicants to demonstrate "functional English" as defined in s 5(2) of the Act, with specific evidence prescribed by the Minister in IMMI 15/004.

The legal issue before the Tribunal was whether the applicant had met the English language proficiency requirement for the Subclass 407 visa. The applicant had initially failed to provide the prescribed evidence, leading to the visa refusal. However, during the review process, the applicant submitted a Pearson Test of English Academic (PTE Academic) which, if valid, would demonstrate the required overall band score of at least 30 across the four components.

The Tribunal found that the applicant had provided a PTE Academic test conducted on 19 July 2024, which was valid until 19 July 2026. The test results showed an overall score of 36, with individual component scores meeting the minimum requirements. Consequently, the Tribunal was satisfied that the applicant met the English language proficiency criterion (cl.407.212). The Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the English language proficiency requirement.