Mariana (Migration)

The Administrative Appeals Tribunal considered the case of the applicants seeking a Skilled (Residence) (Class VB) visa, Subclass 886. The central dispute revolved around whether the applicant had demonstrated the required level of English language proficiency as mandated by the migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for "competent English" under regulation 1.15C(a) of the Migration Regulations 1994. This regulation requires an applicant to achieve a minimum score of 6 in each of the four components of an IELTS test, or an equivalent score in another specified test, conducted not more than two years before the visa application was lodged. The Tribunal also considered whether a test conducted after the application was lodged, but within the two-year timeframe, could be relied upon.

The Tribunal noted that the applicant had provided results from an IELTS test taken on 13 May 2017, which showed scores of 5 in three components and 4.5 in speaking, falling short of the required 6 in each band. The applicant had also presented thirteen previous IELTS test results taken between April 2009 and September 2013, none of which met the competent English requirement. Despite booking a further test for 8 July 2017, the applicant indicated to the Tribunal that her English was still not proficient enough and that she needed more practice. Given that the visa application was lodged in May 2010, the Tribunal found that the applicant had made numerous attempts to meet the English language requirement over a significant period, and the most recent test results did not satisfy the criteria.

Consequently, the Tribunal affirmed the decisions not to grant the applicants the Skilled (Residence) (Class VB) visas, as the applicant failed to satisfy the essential criterion of competent English.