Nawaz v Minister for Immigration

Nawaz (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) concerning his application for a Skilled (Provisional) (class VC) visa. The Minister for Immigration was the respondent. The core of the dispute revolved around the applicant's eligibility for the visa, specifically concerning the requirement for "competent English."

The primary legal issues before the court were whether the applicant could undertake an English language test after lodging his visa application, and whether the definition of "competent English" as provided in the *Migration Regulations 1994* (Cth) was exhaustive. The applicant also challenged the validity of certain regulatory provisions or instruments related to this definition.

Judge Street found that the *Migration Regulations 1994* prescribed the requirements for a visa, and that the definition of "competent English" within those regulations was indeed exhaustive. The court determined that the English language test needed to be undertaken and passed at the time of application, or at least before a decision was made on the application, and that the applicant had not met this requirement. Consequently, the court dismissed the application.