Sarwar (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr Sarwar concerning a decision to affirm the refusal of his Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa. The central dispute revolved around Mr Sarwar's English language proficiency.

The primary legal issue before the Tribunal was whether Mr Sarwar satisfied the requirements of clause 485.212 of the Migration Regulations 1994. This clause mandates that an applicant for a Temporary Graduate visa must have undertaken an English language test within the three years immediately preceding the date on which the visa application was made.

The Tribunal found that the English language test relied upon by Mr Sarwar was taken after he had lodged his visa application. Although a report of this test was subsequently provided to the Tribunal, it did not satisfy the temporal requirement stipulated by clause 485.212. Consequently, the Tribunal was not satisfied that Mr Sarwar met this essential criterion for the visa.

The Tribunal affirmed the decision under review, meaning the refusal of Mr Sarwar's visa application was upheld.