Stutlien (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Stutlien concerning a decision to refuse his application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The refusal was based on the applicant's alleged failure to meet the English language proficiency requirements stipulated by IMMI 15/062.

The primary legal issue before the Tribunal was whether Mr. Stutlien had achieved the minimum test score required for the Pearson PTE Academic test, as mandated by the relevant legislative instrument. This involved a detailed examination of the test results provided by the applicant and the specific scoring criteria outlined in the migration regulations.

The Tribunal found that the evidence presented by Mr. Stutlien, specifically his Pearson PTE Academic test results, demonstrated that he had met the minimum score requirement for English language proficiency. Consequently, the Tribunal set aside the original decision and remitted the matter to the Department of Home Affairs for reconsideration, with a direction to grant the visa if all other criteria were met.