Ng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), by Ms. Suet Yin Ng. The Administrative Appeals Tribunal, constituted by Warren Stooke AM, was required to determine whether the applicant met the criteria for the visa, specifically regarding English language proficiency. The applicant's representative sought an adjournment of a scheduled hearing, arguing that the COVID-19 pandemic had prevented the applicant from booking a required English language test.

The central legal issue before the Tribunal was whether the applicant satisfied clause 485.212 of the Migration Regulations 1994. This clause mandates that an application for a Subclass 485 visa must be accompanied by evidence of having undertaken a specified language test and achieved the required score within a specified period, or alternatively, holding a specified passport. The Tribunal noted that the applicant had not met the passport criterion and therefore had to satisfy the language test requirement.

The Tribunal reasoned that the requirement for an English language test to be completed prior to the visa application meant that the COVID-19 pandemic, which began in January 2020, was not a relevant factor for an application lodged on 13 March 2019. The Tribunal observed that the applicant could have submitted results from a test taken before the application date. Consequently, the Tribunal concluded that the applicant had not met the requirements of clause 485.212.

Based on this conclusion, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485.