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s/c 485 and Vocational English
Old 3rd October 2011, 05:26 PM   #1
Sheelagh Blanckenberg
 
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Sheelagh Brigid Blanckenberg Registered Migration Agent
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Default s/c 485 and Vocational English

A good outcome for this visa applicant after sitting an IELTS test at least 5 times.

Quote:

0907715

31 July 2011, Melbourne
Mr A Krohn, Member
SKILLED (PROVISIONAL) (CLASS VC) SUBCLASS 485 (SKILLED GRADUATE) CL.485.222 VOCATIONAL ENGLISH


A delegate of the Minister refused to grant the applicant a Subclass 485 visa on the basis that he did not satisfy cl.485.222 of the Regulations, because the delegate was not satisfied that the applicant had vocational English.

The applicant was a national of India who had nominated cook as his skilled occupation, and he submitted a skills assessment by Trades Recognition Australia (TRA), dated June 2008, which claimed that he had been awarded a Diploma in Hospitality Management from the Australian Institute of Trades Pty Ltd and that he had completed 900 hours of documented work experience.

The applicant submitted various documents to the Department, including International English Language Testing System (IELTS) test results which showed that in November 2008, the applicant had achieved scores of 5.0 for Listening; 4.0 for Reading; 5.0 for Writing; and 5.5 for Speaking; with an overall band score of 5.0. A second results form, dated June 2009, showed that the applicant had achieved scores of 5.0 for Listening; 4.0 for Reading; 5.5 for Writing; and 7.0 for Speaking; with an overall band score of 5.5.

The applicant submitted copies at the hearing of two further IELTS test results, which indicated that in July 2009, the applicant had achieved scores of 5.5 for Listening; 4.5 for Reading; 5.5 for Writing; and 5.5 for Speaking; with an overall band score of 5.5, and that in March 2011, the applicant had achieved scores of 5.0 for Listening; 4.5 for Reading; 5.0 for Writing; and 5.5 for Speaking; with an overall band score of 5.0.

The applicant claimed that he had had trouble with the reading component of the test, and that he had booked another test for July 2011, at which he believed that he would succeed in getting the results needed at least 5 in each category to show that he had vocational English. The Tribunal agreed to allow the applicant further time to sit the scheduled test, given that he had been diligent and persistent in trying to achieve results to show that he had the necessary English standard, and bearing in mind that in each of the four tests already done, it was only the Reading component in which he had failed to reach the required score.

In July 2011, the applicant'representative submitted an IELTS test result form which indicated that the applicant had achieved scores of 5.5 for Listening; 5.0 for Reading; 5.0 for Writing; and 6.0 for Speaking; with an overall band score of 5.5.

Held: Decision under review set aside.

The Tribunal was satisfied by reference to the most recent IELTS test results that the applicant had achieved a score of at least 5 for each of the five test components of Speaking, Reading, Writing and Listening in a test conducted not more than two years before the day on which the visa application was lodged.

The Tribunal, therefore, found that the applicant had vocational English as defined in r.1.15B(5).

By reference to the applicant's assessment by Trades Recognition Australia in June 2008, the Tribunal was further satisfied that the applicant had been assessed by the relevant assessing authority as suitable for the occupation of 'cook', and it therefore found that he met the requirements of cl.485.221(a).

The Tribunal noted that the visa application was accompanied at the time of application by evidence that the applicant had applied for an Australian Federal Police check during the 12 months immediately before the day when the application was made and, hence, he met the requirements of cl.485.216. The Tribunal therefore found that the applicant met the criteria for the grant of a Subclass 485 visa.


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