Rimal (Migration)

This matter concerned an application by Ms Rimal for review by the Administrative Appeals Tribunal of a decision to refuse her application for a 485 temporary graduate post-study working visa. The delegate had refused the visa application on the basis that Ms Rimal did not meet the English language requirements. Ms Rimal contended that she was unaware of the initial decision until October and that her migration agent had lodged the review application without her direct instruction, having paid the associated fee.

The Tribunal was required to determine whether Ms Rimal satisfied the English language requirements for a 485 visa, specifically clause 485.212 of the regulations. This clause mandates that an applicant must provide evidence of achieving a satisfactory score in an English test taken within three years prior to the application date, or alternatively, hold a passport from a nominated English-speaking country. The Tribunal also considered the circumstances surrounding the lodgement of the review application and Ms Rimal's awareness of the initial decision and the associated documentation.

The Tribunal found that Ms Rimal had answered "Yes" to the question on her visa application regarding whether she had taken an English test within the last 36 months. While she uploaded a Pearson Academic Test (PTE) on 15 January 2020, this test was conducted on the same day she lodged her visa application, 13 January 2020. The Tribunal noted that the English language requirement must be met at the time of lodging the application. As Ms Rimal had not provided evidence of an acceptable English test taken within the three years immediately preceding the application date, she did not satisfy clause 485.212(a)(2). Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.