Nguyen (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal was required to determine whether the applicant satisfied clause 485.212 of Schedule 2 to the Regulations, which pertains to English language proficiency.

The central legal issue was whether the applicant had provided sufficient evidence that they had undertaken a specified language test and achieved the required score within the stipulated timeframe, as mandated by clause 485.212(a) and the relevant instrument, IMMI 15/062. The applicant had provided details of a PTE Academic test taken on 12 August 2018 with their visa application, but the actual test results were not initially provided to the Department.

The Tribunal reasoned that while clause 485.212(b) regarding passport types was not met, the applicant could satisfy the visa requirements under clause 485.212(a). On review, a copy of the PTE Academic test results from 12 August 2018 was provided and verified. The Tribunal found that these results met the criteria specified in IMMI 15/062, as the applicant achieved the required band scores and overall score within the three-year period preceding the application. Consequently, the Tribunal was satisfied that the application was accompanied by evidence demonstrating compliance with clause 485.212(a).

The Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with a direction that the first named applicant meets the criteria under clause 485.212 of Schedule 2 to the Regulations.