Pentareddy (Migration)

The applicant, Pentareddy, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Skilled (Provisional) (Class VC) visa, subclass 485. The Administrative Appeals Tribunal had affirmed the delegate's decision to refuse the visa.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had satisfied the English language proficiency requirement for the subclass 485 visa. Specifically, the court had to determine if the applicant's nominated English language test had been undertaken within the three years immediately preceding the date of his visa application, as required by the relevant legislative instrument.

Justice Mercer found that the applicant had not met the English language proficiency requirement. The evidence before the Tribunal established that the applicant's English language test results were obtained more than three years prior to the date of his visa application. The Tribunal had correctly applied the law in reaching its conclusion, and there was no error of law in its decision.

The application for judicial review was dismissed.