Australian Immigration Daily News

Migration Alliance member and RMA, James Hall, has provided this useful information:

I just came across another issue that would be of interest to others that use skillselect. See if you agree though first if you want to post. This is not a big issue but any miscalculation of dates can be crucial for certain applicants.

My client just got the notice that I've attached. The English test (IELTS) in this case was done on 22nd April 2017. The period of 36 months is to 21st April 2020. The letter states that 22nd April is more than 36 months and that my client's application may be refused. (We're hoping the state will finalise the nomination on today 22nd April).

The provided letter from DHA says:

The English language test validity requirement for Skilled migration visas is 36 months and is calculated from the date the test was taken. If your English language test was undertaken more than 36 months from the date you apply for your visa, your visa may be refused.

This is not correct and will mislead anyone who reads it. The actual requirement is that the test was done in the 36 months immediately before the date of the invitation, so in this case my client can use an invitation on 22nd April (the day after the 36 months period the test was done in - 22st April 2017 to 21st April 2020. (The statement also incorrectly states the 36 months is "from the date the test was taken" but as it includes the date of the test, the correct terminology for calculating time would be "begins on the date the test was taken").

See 1.15c(ba) below. Although this doesn't say "before the day" as (bb) does, it does say "before the date" which I would interpret reasonably as meaning before that day. The other definitions such as Reg 1.15EA Superior English say "the test was conducted in the 3 years immediately before the day on which the Minister invited the person" which is consistent.

Measurements of time are often incorrectly managed by DHA. For many years MARA was using the wrong day (out by one day) for the end of the registration period for agents. It's possible some agents were impacted by this. They've rectified it now. I've also had issues where case officers could not calculate the 28 day period correctly. It's always important to check and refer to s36 of the Acts Interpretation Act 1901 - https://www.legislation.gov.au/Details/C2019C00028

Reference: English-Language-assessment-expiring.pdf