30 septembre 2012
Too 'rigid' to insist on English test
By Bernard Lane. A PAKISTAN born man who refused to take an English test has won the right to be registered as a migration agent.
The fact that Asif Syed had successfully completed a course at the Australian National University counted in his favour.
The Migration Agents Registration Authority had refused to register him as a migration agent.
MARA policy required him to prove his proficiency in English by taking a test.
Mr Syed's attitude was "why should I?,'' according to a review decision this month by the Administrative Appeals Tribunal.
After coming to Australia, Mr Syed had obtained an electronics certificate at TAFE, and went on to a managerial role at Telstra before he being made redundant.
He contemplated a career change as a migration agent, having successfully appeared for relatives before the Migration Review Tribunal.
In his one year graduate certificate in migration law at ANU, he had earned a credit and three distinctions.
This history showed he had "more than a working knowledge'' of English and could understand and explain legislation, said AAT senior member Mason Allen.
Mr Allen said it would be a "rigid application of policy in the face of the individual's circumstances'' to force him to take an English test.
The MARA policy on English proficiency has since been made a mandatory requirement.
The fact that Asif Syed had successfully completed a course at the Australian National University counted in his favour.
The Migration Agents Registration Authority had refused to register him as a migration agent.
MARA policy required him to prove his proficiency in English by taking a test.
Mr Syed's attitude was "why should I?,'' according to a review decision this month by the Administrative Appeals Tribunal.
After coming to Australia, Mr Syed had obtained an electronics certificate at TAFE, and went on to a managerial role at Telstra before he being made redundant.
He contemplated a career change as a migration agent, having successfully appeared for relatives before the Migration Review Tribunal.
In his one year graduate certificate in migration law at ANU, he had earned a credit and three distinctions.
This history showed he had "more than a working knowledge'' of English and could understand and explain legislation, said AAT senior member Mason Allen.
Mr Allen said it would be a "rigid application of policy in the face of the individual's circumstances'' to force him to take an English test.
The MARA policy on English proficiency has since been made a mandatory requirement.
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