Yap (Migration)

The Administrative Appeals Tribunal considered an application by Mr Yap for a Subclass 186 Employer Nomination Scheme visa under the Temporary Residence Transition Stream. The applicant sought the visa in relation to an appointment as a Motor Mechanic (General). The primary dispute concerned whether the applicant met the English language proficiency requirements for the visa.

The Tribunal was required to determine whether Mr Yap satisfied the English language proficiency requirements as stipulated by clause 186.222 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant either possessed competent English, as defined by regulation 1.15C, or fell within a class of persons exempted from this requirement as specified by a legislative instrument. The applicant's claim for an exemption was based on having undertaken four years of secondary education in the Philippines, which he contended constituted full-time study delivered in English.

The Tribunal found that the applicant's four years of secondary education in the Philippines did not meet the criteria for an exemption under the relevant legislative instrument, which required five years of full-time study where all tuition was delivered in English. The Tribunal distinguished between vocational education and training courses and the apprenticeship system, noting that the applicant's education did not satisfy the specific requirements for an exemption. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 186.222(b) of Schedule 2 to the Regulations.