Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Wang (Migration), concerning an application for a Subclass 186 Employer Nomination (Permanent) (Class EN) Visa, specifically under the Temporary Residence Transition stream. The applicant sought this visa for the position of Restaurant Manager. The core of the dispute revolved around whether the applicant met the English language proficiency requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language proficiency requirement for the Subclass 186 visa. This involved assessing whether the applicant fell within an exemption category, specifically the requirement to have completed a minimum of five years of full-time study in a secondary or higher education institution where all tuition was delivered in English.

The Tribunal found that the applicant had indeed completed a minimum of five years of full-time study in an institution where all tuition was delivered in English. Consequently, the Tribunal concluded that the applicant met the exemption category for the English language proficiency requirement. As a result, the Tribunal remitted the decision under review.