Stempler (Migration)

The Administrative Appeals Tribunal considered an application by Mr Stempler for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for an appointment as a Media Producer. The core of the dispute revolved around whether the applicant met the English language proficiency requirements for the visa.

The Tribunal was required to determine if the applicant had satisfied the English language proficiency requirement as stipulated by clause 186.222 of Schedule 2 to the Migration Regulations 1994. This clause requires applicants to either have competent English or be a person specified in a legislative instrument. The Tribunal also had to consider the relevant definitions of "vocational English" and "competent English" and the specific tests, scores, and passport types outlined in legislative instrument IMMI 15/005.

The Tribunal found that the applicant had met the requirement of completing the equivalent of five years of full-time study in English, which satisfied clause 186.222(b) of Schedule 2 to the Regulations. While the specific details of how this study satisfied the English language requirement are not fully elaborated in the provided text, the Tribunal concluded that this criterion was met. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified criteria.