Musiran (Migration)

The Administrative Appeals Tribunal considered the application of Musiran for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The dispute concerned whether Musiran met the English language requirement for this visa subclass.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language proficiency criteria as stipulated by clause 485.212 of the Migration Regulations. This involved assessing the validity and sufficiency of the English language test results provided by the applicant.

The Tribunal was satisfied that new evidence presented by the applicant adequately demonstrated compliance with the English language requirement. Applying the relevant regulatory provisions, the Tribunal concluded that the applicant met clause 485.212. Consequently, the Tribunal remitted the decision under review to the Department with a direction that the applicant satisfies the specified clause.