Palakonda (Migration)

This matter concerned an appeal by Mr Palakonda, a citizen of India, against a decision by a delegate to refuse his application for a Subclass 485 Temporary Graduate (Class VC) Post-Study Work visa. Mr Palakonda had arrived in Australia in October 2016 and lodged his visa application in July 2019. The delegate's decision was based on Mr Palakonda's failure to meet the English language proficiency requirements for the visa.

The Tribunal was required to determine whether Mr Palakonda had satisfied the English language requirements as stipulated by clause 485.212 of the Migration Regulations 1994. Specifically, the court needed to ascertain if Mr Palakonda had provided evidence of undertaking a specified English language test and achieving the required score within the period prescribed by the Minister.

The Tribunal noted that to satisfy the English language requirement, an applicant must provide evidence of undertaking a specified test and achieving a minimum score within three years prior to the application date. Mr Palakonda did not hold a passport from a specified English-speaking country. He initially indicated he had not undertaken an English test within the last 36 months. While he later provided two PTE Academic test results, the first, taken on 17 June 2019, yielded a score of 49, which was below the required minimum of 50. The second test, taken on 22 August 2019, achieved the required score of 50, but this was after the application was lodged on 21 July 2019 and therefore could not be considered. Consequently, the Tribunal found that Mr Palakonda had not met the English language proficiency requirement.