Muparadzi (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Muparadzi concerning a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision that they had not met the English language proficiency requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirement as prescribed by the *Migration Regulations 1994* (Cth). This involved determining whether the English language test had been undertaken within the period stipulated by the regulations and, if not, whether there was any discretion to waive this requirement.

The Tribunal found that the applicant had not undertaken the required English language test within the prescribed period, which was prior to the lodging of the visa application. As the regulations did not provide for any discretion to waive this specific requirement, the applicant's failure to meet it meant they were not eligible for the visa. Consequently, the Tribunal affirmed the original decision.