Sharma (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before the Tribunal by the applicant, Mr. Sharma. The central dispute revolved around whether the applicant had satisfied the English language requirements stipulated by clause 485.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had provided evidence of undertaking a specified language test and achieving the required score, or if the applicant held a passport from a country specified by the Minister. The relevant instrument, IMMI 15/062, outlined the acceptable language tests, scores, and passport types.

The Tribunal found that the applicant, holding an Indian passport, did not meet the criteria under clause 485.212(b). However, it was satisfied that the applicant had met the requirements of clause 485.212(a) by providing evidence of a PTE Academic test undertaken on 11 August 2017, which predated the visa application lodged on 24 December 2017. The test results, verified by the Tribunal, showed an overall score of 52 with individual band scores meeting the specified standard in IMMI 15/062. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 485.212.