Wong (Migration)

This matter concerned an appeal by the applicant, Ms. Wong, against a decision to affirm the refusal of her Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant had met the English language proficiency requirements for the visa. The decision was made by Jade Murphy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.212 of Schedule 2 to the Migration Regulations 1994. This clause requires that an application for a Subclass 485 visa be accompanied by evidence of either having undertaken a specified language test within a prescribed period and achieved a specified score, or holding a passport of a specified type. The Tribunal was required to determine if the evidence provided by the applicant met these specific temporal and evidentiary requirements.

The Tribunal reasoned that the applicant had not met the requirements of clause 485.212. While the applicant had provided an IELTS test result with a score of 8.0, this test was undertaken after the visa application was lodged. The applicant also provided a TOEFL test result, but this was taken more than 36 months prior to the visa application date. The Tribunal emphasised that the crucial requirement was that the application be *accompanied* by evidence of a test undertaken within the 36 months immediately preceding the application date, a condition which the applicant failed to satisfy. The Tribunal noted the applicant's submissions regarding her educational background and a friend's attestation to her English proficiency, but concluded that these did not overcome the specific temporal requirement of the regulation.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485, as she did not satisfy the criteria under clause 485.212.