Lin (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Lin for a Subclass 186 Employer Nomination (Permanent) (Class EN) Visa, specifically under the Temporary Residence Transition stream. The dispute concerned whether Ms Lin met the English language requirement for the visa, or an exemption to that requirement.

The primary legal issue before the Tribunal was whether Ms Lin qualified for an exemption from the English language proficiency requirement. This exemption applied if the applicant had completed a minimum of five years of full-time study in a secondary or higher education institution where all tuition was delivered in English.

The Tribunal found that Ms Lin had provided sufficient evidence to demonstrate that she had completed a minimum of five years of full-time study at institutions where all tuition was delivered in English. Accordingly, the Tribunal concluded that Ms Lin met the exemption category for the English language requirement. The decision under review, which had refused the visa, was therefore set aside and remitted to the Immigration Assessment Authority for reconsideration.