Parveen Kumar (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Parveen Kumar for a review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant sought a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The primary issue in dispute concerned the applicant's English language proficiency.

The Tribunal was required to determine whether the applicant had satisfied the English language proficiency requirement for the visa. Specifically, the Tribunal had to assess whether the applicant had undertaken at least three English language tests and, crucially, whether evidence had been provided demonstrating that the specified score had been achieved in any of those tests. The presence of family members within the application was also noted as a factor in the overall decision.

In reaching its decision, the Tribunal applied the relevant provisions of the Migration Regulations 1994. The Tribunal found that while the applicant had undertaken multiple English language tests, there was no satisfactory evidence presented to demonstrate that the required minimum score had been achieved in any of them. Consequently, the applicant had failed to satisfy a Schedule 5 criterion for the visa. The Tribunal affirmed the delegate's decision to refuse the visa.