Lu (Migration)

The Administrative Appeals Tribunal considered the case of Ms Lu concerning her application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Employer Nomination Scheme. The dispute centred on whether Ms Lu met the requirements for English language proficiency and the existence of a valid sponsor or nominator for her visa application.

The Tribunal was required to determine two primary legal issues: firstly, whether Ms Lu possessed the requisite English language proficiency at the time of her application, and secondly, whether she had a valid sponsor or nominator for the nominated position. These issues were to be assessed against the criteria stipulated in the relevant migration regulations.

The Tribunal found that Ms Lu did not meet the criteria for the visa. While she demonstrated functional English, she did not possess vocational English, which was the required standard at the time of her application. Her IELTS test result of an overall band score of 4.5 was below the minimum requirement of 5.0. Furthermore, the Tribunal noted that Ms Lu’s nominator’s application for her nomination was refused, meaning the nomination itself was not approved. Consequently, the Tribunal affirmed the decision not to grant Ms Lu the visa.