Rao (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Mr. Rao. The central dispute concerned Mr. Rao's English language proficiency, specifically his score on a Pearson Test of English (PTE) academic test.

The Tribunal was required to determine whether Mr. Rao met the English language proficiency requirements for the Subclass 485 visa as stipulated in cl 485.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that it was able to determine the matter in favour of the applicant without a hearing, pursuant to s 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr. Rao met the relevant criteria for the visa.