Singh (Migration)

This matter concerned an appeal by the applicant against a decision not to grant him and his secondary applicants Skilled (Provisional) (Class VC) visas, specifically Subclass 485 (Temporary Graduate) visas. The central dispute revolved around whether the applicant had met the English language proficiency requirements stipulated by the relevant migration regulations and associated instruments.

The Tribunal was required to determine whether the applicant had satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must provide evidence of having undertaken a specified language test within a specified period, achieving the required score, or alternatively, holding a passport of a specified type. The relevant instrument, IMMI 15/062, detailed these requirements.

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 Tribunal noted that the applicant had undertaken a PTE Academic test on 19 October 2017, within the three-year period preceding the visa application date of 23 October 2017. However, the test results uploaded on 23 December 2017 showed an overall score of 46, which fell short of the minimum overall score of 50 required by IMMI 15/062. While the Tribunal accepted the applicant's evidence of wrist pain affecting his ability to complete written tests, it concluded that this did not alter the fact that the applicant had not achieved the specified minimum scores within the required timeframe. Consequently, the Tribunal affirmed the decision not to grant the visas, as the primary criteria were not met, meaning the secondary applicants also failed to meet their criteria.