Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream for a Customer Service Manager position. The core dispute revolved around the applicant's failure to provide evidence of meeting the English language proficiency requirements for the visa.

The Tribunal was required to determine whether the applicant had satisfied the English language proficiency requirements as stipulated by clause 186.222 of the relevant regulations and legislative instrument IMMI 15/005. This involved assessing whether the applicant had undertaken a specified language test with a required score or held a passport that exempted them from this requirement.

The Tribunal reasoned that for visa applications made on or after 1 July 2017, the applicant must demonstrate "competent English." This could be achieved either by passing a specified language test or by holding a passport from a designated country. The applicant in this instance did not possess a passport that provided an exemption, nor did they present evidence of having completed an English language test. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the essential English language requirement for that stream, the Tribunal affirmed the decision not to grant the visa.