Saranga (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Saranga, who sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant's nominated position was ICT Project Manager.

The central legal issue before the Tribunal was whether the applicant met the English language requirement for the visa. Specifically, the Tribunal had to determine if the applicant's completion of five years of full-time higher education study delivered in the English language satisfied the requirement for "competent English" as defined by the Migration Regulations.

The Tribunal found that the applicant had provided evidence of completing a Bachelor of Engineering and a Master of Business Administration, both of which were delivered entirely in English by a recognised higher education institution. The Tribunal reasoned that the applicant's extensive period of study in an English-speaking academic environment demonstrated a level of English proficiency that met the regulatory threshold for competent English. Consequently, the Tribunal remitted the matter to the Minister for reconsideration.