LKHAGVASUREN (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) Subclass 457 visa. The primary applicant sought to demonstrate English language proficiency as required by subclause 457.223(4)(eb) of the Migration Regulations. The Tribunal was required to determine whether the applicant met this specific criterion.

The central legal issue was whether the primary applicant had satisfied the English language proficiency requirement under cl.457.223(4)(eb). This subclause mandates that an applicant, unless exempt, must achieve a specified test score in a single attempt within a given timeframe. The Tribunal had to assess the evidence presented, including a Cambridge English Level III Certificate, against the requirements of the relevant legislative instrument, IMMI 15/028.

The Tribunal found that the applicant was not an exempt applicant and was therefore required to meet the English language proficiency criteria. It noted that the applicant had provided evidence of a Cambridge Assessment English test result dated 25 July 2018, which is a recognised test for the purposes of the subregulation. The applicant’s overall score of 204 exceeded the minimum requirement of 154 specified in IMMI 15/028. Consequently, the Tribunal was satisfied that the applicant met the requirements of cl.457.223(4)(eb).

Given this finding, the Tribunal remitted the applications for reconsideration by the Minister. The direction was that the primary applicant met the criteria under cl.457.223(4)(eb) and the secondary applicants met the criteria under cl.457.321, allowing for further assessment of the remaining visa requirements.