Weerasinghe Mudiyanselage (Migration)

The Administrative Appeals Tribunal considered the case of Weerasinghe Mudiyanselage, an applicant for a Subclass 186 Employer Nomination Scheme visa. The dispute centred on whether the applicant met the English language proficiency requirements for the visa at the time of application.

The Tribunal was required to determine if the applicant possessed vocational English, as mandated by the regulations for visa applications made before 1 July 2017, or if they fell within a specified class of persons exempt from this requirement. The applicant's impressive educational and professional achievements, including employment as a Registered Nurse (Mental Health) by a regionally based healthcare facility, were noted.

The Tribunal's reasoning focused on the legislative requirements for English language proficiency, specifically the definitions of "vocational English" and "competent English" as outlined in the Migration Regulations. It examined the relevant legislative instruments, including IMMI 15/005 and IMMI 18/045, which specify the acceptable English language tests, scores, and passport holders, as well as potential exemptions. The Tribunal noted a new policy implemented by the Department on 30 October 2022, which clarified that there were no English language exemptions for applicants seeking a Subclass 186 visa under the direct entry stream, unlike for the Regional Sponsored Migration Scheme (RSMS) visa.

Ultimately, the Tribunal concluded that the applicant did not satisfy the English language requirement for the Subclass 186 visa at the time of application. Consequently, the decision under review was affirmed.