Tayal (Migration)

The Administrative Appeals Tribunal considered the case of Tayal, an applicant for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The dispute centred on whether the applicant met the English language requirement for the visa.

The Tribunal was required to determine if the applicant had satisfied clause 485.212 of Schedule 2 to the Migration Regulations. This clause mandates that an application for this visa must be accompanied by evidence of either undertaking a specified language test with a required score within a specified period, or holding a passport from a country specified by the Minister.

The Tribunal found that the applicant, who held an Indian passport, did not meet the alternative requirement of holding a specified passport. Furthermore, the applicant had provided evidence of completing an English language test on 12 July 2019, which was after the date of the visa application on 2 July 2019. As the application was not accompanied by evidence of a completed English language test at the time of application, nor evidence of holding a specified passport, the Tribunal concluded that the applicant did not satisfy the English language requirements of clause 485.212. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.