SINGH (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Singh. The Administrative Appeals Tribunal was required to determine whether Mr. Singh met the English language requirements stipulated in clause 485.212 of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether Mr. Singh had provided evidence of undertaking a specified English language test and achieving the required score within the period mandated by the relevant instrument, IMMI 15/062. This instrument specified that the test must have been undertaken within three years prior to the date of the visa application.

The Tribunal found that Mr. Singh did not hold a passport from a specified country, thus failing to meet one of the alternative criteria under cl.485.212(b). Regarding the English language test requirement under cl.485.212(a), Mr. Singh had provided results from a Pearson Test English (PTE Academic) test undertaken on 2 September 2016. While he achieved the minimum required scores, the test was taken after the visa application was lodged and, crucially, not within the three-year period preceding the application. The Tribunal concluded that Mr. Singh had not satisfied the requirements of cl.485.212.

Consequently, the Tribunal affirmed the decision not to grant Mr. Singh the Subclass 485 visa, as he failed to meet the essential criteria for its grant.