Naoum (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision not to grant the visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to provide evidence of either having undertaken a specified language test and achieved a minimum score within a specified period, or holding a passport of a type specified by the Minister. The Tribunal also considered whether the applicant had provided evidence of meeting the English language proficiency requirements within the relevant timeframe.

The Tribunal reasoned that the applicant had not provided evidence of holding a specified passport, thus failing to meet clause 485.212(b). Consequently, the applicant was required to satisfy clause 485.212(a). The Tribunal noted that the applicant had submitted an IELTS test result from 2016 showing a score of 3.5, which did not meet the minimum required score of 6.0. Furthermore, there was no evidence that the applicant had undertaken an approved English language test within the three years prior to their visa application and achieved the specified minimum score. As the applicant failed to satisfy clause 485.212, they did not meet the criteria for the Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.