Thongin (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, to the Administrative Appeals Tribunal. The applicant did not appear at the hearing, and the Tribunal was required to determine whether the applicant had met the visa requirements based on the evidence provided.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement for vocational English, as stipulated by clause 186.222 of the Migration Regulations 1994. This clause requires applicants to either possess vocational English or belong to a class of persons specified in legislative instrument IMMI 15/083. Vocational English, as defined in regulation 1.15B, is demonstrated by achieving a specified score on a recognised English language test within three years of the application, or by holding a passport from a specified country.

The Tribunal found that the applicant did not satisfy the criteria for vocational English. Her educational qualifications, including a Diploma of Hairdressing (Salon Management) and General English courses undertaken in Australia, did not amount to the required five years of full-time study in English. Furthermore, her Bachelor of Business Administration from Thailand lacked sufficient evidence regarding its full-time nature or instruction in English. The applicant also did not hold a passport from a specified country, nor had she provided evidence of undertaking a recognised English language test with the required score within the relevant timeframe. Consequently, the Tribunal affirmed the decision not to grant the visa.