Gajjar v Minister for Immigration and Citizenship

Immigration – Visa application – Plaintiff applied for Skilled (Provisional) (Class VC) Subclass 485 (Skilled – Graduate) visa requiring he have "competent English" – Plaintiff indicated his English was competent on visa application form and included reference number to a language test he had undertaken – The results of that test ("the first test results") did not achieve requisite score for competent English – Plaintiff sat second language test and achieved requisite score but results were not given to Department of Immigration and Citizenship – Using test reference number, departmental officer accessed first test results – Visa application refused on ground plaintiff did not satisfy criterion of competent English – Whether first test results were given by plaintiff for purpose of application – Whether first test results were "relevant information" for purposes of Migration Act 1958 (Cth), s 57(1) – Whether Tribunal breached Migration Act, s 57(2).

Words and phrases – "competent English", "for the purpose of the application", "relevant information", "was not given by the applicant".

Migration Act 1958 (Cth) – s 57(1), (2).

Migration Regulations 1994 (Cth) – Sched 2, cl 485.215.