Narongtairate (Migration)

This matter concerned an appeal by Mr Gampon Narongtairate against a decision regarding his application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the temporary residence transition stream. The primary dispute revolved around whether Mr Narongtairate possessed the required level of English language proficiency at the time of his visa application. The case was heard by Karen McNamara.

The legal issues before the Tribunal were whether Mr Narongtairate met the English language proficiency requirements as stipulated by clause 186.222(a) of Schedule 2 to the Migration Regulations 1994, or if he fell within a class of persons specified by the Minister under clause 186.222(b). Specifically, the Tribunal had to determine if Mr Narongtairate had demonstrated "competent English" as defined by regulation 1.15C, either through a specified language test with a minimum score or by holding a passport from a specified country, at the time of his application on 15 November 2019.

The Tribunal noted that for applications made on or after 1 July 2017, "competent English" was the required standard. This could be met by undertaking a specified language test within the three years preceding the application and achieving a specified score, or by holding a passport from the United Kingdom, the United States of America, Canada, New Zealand, or the Republic of Ireland. The applicant held a Thai passport and had indicated in his application that he had not undertaken an English language test in the preceding 36 months. The Tribunal found no evidence that Mr Narongtairate had met the English language requirements through a specified test at the relevant time.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the first applicant, Mr Narongtairate, be considered to meet the criteria under clause 186.222 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the visa.