Revindran (Migration)

The Administrative Appeals Tribunal considered the case of Revindran, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant met the English language proficiency requirement for the visa.

The Tribunal was required to determine if the applicant satisfied clause 485.212 of the Migration Regulations 1994. This clause mandates that an application for the visa must be accompanied by evidence of either having undertaken a specified language test and achieved the required score within a specified period, or holding a passport from a country designated by the Minister.

The Tribunal found that the applicant did not meet the alternative requirement of holding a passport from a specified country, as he held a Singaporean passport. Regarding the English language test requirement, the applicant had undertaken an IELTS test after lodging his visa application, which was contrary to the requirement that the test be undertaken within a specified period prior to or at the time of application. The Tribunal noted that the applicant had been misinformed about potential exceptions to the English language testing requirement. As the applicant failed to meet the mandatory criteria under clause 485.212, the Tribunal affirmed the decision not to grant the visa.