Wang (Migration)

The Administrative Appeals Tribunal considered the case of Wang, an applicant for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The dispute centred on whether the applicant met the English language proficiency requirements for this visa subclass.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language requirements as stipulated by clause 186.222 of the Migration Regulations. This clause requires applicants in the Temporary Residence Transition stream to demonstrate either vocational English or to fall within a specified class of persons under legislative instrument IMMI 15/083. Vocational English, as defined in regulation 1.15B, is met by achieving a specified score in a language test within the three years preceding the application or by holding a specified passport.

The Tribunal reasoned that the applicant had not met the vocational English requirement. Despite undertaking multiple IELTS tests, the applicant failed to achieve a score of at least five in each of the four components (listening, reading, writing, and speaking) in any of the tests taken within the relevant three-year period prior to the application. Furthermore, the applicant did not hold a passport of a type specified by the Minister, nor was there any information suggesting an exemption from the vocational English requirement. Consequently, the Tribunal concluded that clause 186.222 was not met.

As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the primary requirements, the Tribunal affirmed the decision not to grant the visa. The applications of the second named applicants, who were family members, were also affirmed as they did not meet the criteria of being a member of the family unit who met the primary criteria. The Tribunal therefore affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas.