487 Skilled Visa – minimum English standards – Successful outcome

July 30, 2021 - Published Cases

0902146 [2009] MRTA 1797 (9 September 2009)

The Applicant’s subclass 487 Skilled Visa was refused on the grounds that she did not meet the legislative requirements regarding minimum English standards. As part of her application, the applicant submitted evidence that she had made arrangements to undergo an IELTS test, in the form of a IELTS testing fee receipt. When she sat this test, however, she was unable to reach the minimum English standards.

Later, the applicant sat for another IELTS test and this time she was successful. She wanted this second IELTS test to be considered in the application.

The issue was whether the language test for which the applicant made arrangements to undergo at the time of application was to be the same test which she succeeded in obtaining the required English standard.

We argued before the Tribunal that there is nothing in the legislation which states that the IELTS test which the applicant is eventually successful in must be the same IELTS test the applicant made arrangements to undergo at the time of her application.

This argument was successful and the Tribunal remitted the application for reconsideration.

Related Link: MRT Decision

Originally posted on September 8, 2009 @ 2:00 pm