Ye (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream, made by Mr Ye, his wife Mrs Chen, and their son Mr Binghong Ye. The primary dispute revolved around whether Mr Ye met the English language proficiency requirements for the visa. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether Mr Ye possessed "competent English" at the time of his visa application, or alternatively, whether he belonged to a class of persons specified in a legislative instrument as being exempt from this requirement. The Tribunal also considered the applications of his wife and son, which were dependent on Mr Ye meeting the primary criteria or the Tribunal's jurisdiction.

The Tribunal reasoned that to demonstrate "competent English," an applicant must either have undertaken a specified English language test within the preceding three years and achieved a specified score, or hold a passport from a specified country. Mr Ye conceded that he had not provided evidence of undertaking any specified English language tests and held a Chinese passport, which was not among the specified countries. Furthermore, Mr Ye confirmed he had not completed at least five years of full-time study where all tuition was delivered in English, the criterion for exemption. Consequently, Mr Ye failed to meet either limb of the English language proficiency requirement.

As Mr Ye did not meet the primary criteria for the visa, his wife's application, which was based on being a member of his family unit, was also refused. The Tribunal determined it lacked jurisdiction in relation to Mr Binghong Ye, as he was outside Australia at all relevant times. Accordingly, the Tribunal affirmed the decision not to grant the visa to Mr Ye and Mrs Chen, and noted its lack of jurisdiction concerning Mr Binghong Ye.