Liaquat (Migration)

The Administrative Appeals Tribunal considered the case of Mr Liaquat concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485. The dispute centred on whether Mr Liaquat met the English language proficiency and passport requirements stipulated for this visa subclass.

The Tribunal was required to determine if Mr Liaquat satisfied either of the alternative criteria set out in clause 485.212 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to assess whether Mr Liaquat had provided evidence of undertaking a specified language test with a required score, or whether he held a passport of a type specified by the Minister.

The Tribunal found that Mr Liaquat did not meet the passport requirement under clause 485.212(b). Consequently, he was required to satisfy the language test requirement under clause 485.212(a). While Mr Liaquat had submitted an International English Language Test System (IELTS) report, the Tribunal noted that his overall score of 5.5 and individual scores did not meet the minimum requirements of an overall score of 6.0 with a minimum of 5.0 in each component. Mr Liaquat claimed he was misled by a Departmental officer into answering affirmatively about undertaking the test, despite knowing his score was insufficient. However, the Tribunal was satisfied that Mr Liaquat understood the English language requirements and had been given an opportunity to provide supporting evidence.

Based on these findings, the Tribunal concluded that Mr Liaquat did not satisfy the criteria for the grant of a Subclass 485 visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.