13 Nov 2008
JIANMING HE V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV 2008-485-1300
- Citation
- openlaw-eb87e5ce_f84b_45d5_baa7_0d9050b22583.pdf
- Court
- High Court
SM5.5(c) validly permits INZ to require an IELTS certificate even where an applicant appears to meet SM5.5(b); however the RRB erred in law by treating the failure to produce an IELTS certificate as a determinative negative that precluded finding special circumstances under s18C(1)(b); the RRB must reassess the appellants by evaluating their actual English ability and social integration in context and may consider relevant negative factors.