Rachuri (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, against a delegate's decision to refuse the application. The applicant sought review of the delegate's decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause requires that a visa application be accompanied by evidence of having undertaken a specified English language test and achieved the required score within a specified period, or alternatively, that the applicant holds a specified type of passport. The applicant had lodged their online application on 29 August 2018 and provided an English language test result taken on 12 September 2018.

The Tribunal reasoned that the applicant did not meet the alternative passport criterion. However, it considered the meaning of "accompanied by" in relation to the English language test requirement. Drawing on the Federal Court's decision in *Anand v MIAC*, the Tribunal held that evidence accompanying an application could be supplied after lodgement, provided there was a temporal connection with the application. The Tribunal found it reasonable that the applicant, whose visa was due to expire on 31 August 2018 and who had secured employment contingent on obtaining the visa, had attempted to book the earliest available English test after receiving a job offer. Despite the test being taken almost two weeks after the application lodgement, the Tribunal accepted the applicant's evidence of attempting to book the test on 20 August 2018 and being given the first available date of 12 September 2018.

Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.212. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.