Richards (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), reviewed by the Tribunal. The applicant sought to challenge a decision that affirmed the refusal of their visa application. The core of the dispute revolved around the applicant's failure to meet the English language proficiency requirements stipulated for the visa subclass.

The Tribunal was required to determine whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations. This clause mandates that an application for a Subclass 485 visa must be accompanied by evidence of either having undertaken a specified language test and achieved the required score within a prescribed period, or holding a passport of a specified type. The Tribunal also had to consider the relevant instrument, IMMI 15/062, which detailed the acceptable language tests, scores, periods, and passport types.

The Tribunal found that the applicant did not meet the criteria under clause 485.212(b) as there was no evidence of holding a specified passport type. Regarding clause 485.212(a), the Tribunal was not satisfied that the application was accompanied by the required evidence. While the applicant had undertaken an English test for their educational institution in June 2015, they admitted to completing the IELTS test four months after lodging their application, which was on 30 January 2019. Evidence confirmed the IELTS test was undertaken on 30 January 2019, two weeks after the delegate's decision was advised. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 485.212 and therefore did not satisfy the criteria for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.