Rony (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), where the applicant sought review of a decision to affirm the refusal of their visa. The central dispute revolved around the applicant's English language proficiency.

The Tribunal was required to determine whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an application for this visa must be accompanied by evidence of either holding a specified passport or having undertaken a specified language test within a prescribed period and achieved the required score. The relevant legislative instrument, IMMI 15/062, specified the requirements for English language testing.

The Tribunal found that the applicant did not meet the passport requirement under clause 485.212(b). Regarding the language test requirement under clause 485.212(a), the applicant had provided a test result from 22 January 2019, which indicated a speaking score below the minimum stipulated in IMMI 15/062. Although the applicant later provided a report for a test undertaken on 1 December 2019, which met the minimum scores, this test was completed after the visa application was lodged. The Tribunal concluded that the applicant had not satisfactorily completed an approved English language test within the 36 months prior to lodging the application, and therefore did not meet the criteria under clause 485.212(a).

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, subclass 485.