Berenguel v Minister for Immigration and Citizenship

Immigration – Visa - General Skilled Migration visa - Skilled (Residence) (Class VB) Visa, Subclass 885 (Skilled - Independent) - Where application for visa refused for failure to meet English language requirements - Where "vocational English" a primary criterion for the grant of the visa appearing in subdiv 885.21 of Sched 2 to the Migration Regulations 1994 (Cth) ("the Regulations"), headed "Criteria to be satisfied at time of application" - Whether visa applicant could lodge English language test report after submission of application but before Minister's decision.

Delegated legislation – Interpretation - Meaning of "not more than 2 years before the day on which the application was lodged" in reg 1.15B of the Regulations - Purpose of the Regulations.

Delegated legislation – Interpretation - Application of s 13(1)(a) of the Legislative Instruments Act 2003 (Cth) - Application of s 13 of the Acts Interpretation Act 1901 (Cth) - Where headings in Sched 2 to the Regulations not defined - Relevance of headings of Parts, Divisions and Subdivisions of Sched 2 to the Regulations being "part of" the Regulations.

Words and phrases – "criteria to be satisfied at time of application", "legislative instrument", "not more than 2 years before the day on which the application was lodged".

Acts Interpretation Act 1901 (Cth) – s 13. Legislative Instruments Act 2003 (Cth), s 13(1)(a).

Migration Act 1958 (Cth) – ss 54, 55, 65.

Migration Amendment Regulations 2007 (No 7) (Cth).

Migration Regulations 1994 (Cth) – reg 1.15B, Pt 885 of Sched 2.