Serocki (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant sought this visa for the position of Welder (First Class). The dispute centred on whether the applicant met the English language proficiency requirements for the visa.

The Tribunal was required to determine if the applicant satisfied the criteria for competent English as stipulated by clause 186.222 of the relevant regulations. This involved assessing whether the applicant had achieved a specified score in an approved English language test within the three years preceding the visa application, or held a specified passport, or met other exemption criteria.

The Tribunal found that the applicant did not hold a specified passport. Furthermore, the applicant's IELTS test results, submitted as evidence of English language proficiency, did not meet the required minimum score of 6 in each of the four components. Crucially, the applicant's representative conceded in a written submission that the applicant did not meet the English language requirements. While the Tribunal affirmed the decision not to grant the visa, it noted that the applicant intended to seek Ministerial intervention. The Tribunal was satisfied that the accompanying material presented significant compassionate and compelling circumstances, and therefore referred the case to the Minister for consideration under section 351 of the Migration Act.