Timing of the english test

In Minister for Immigration and Citizenship v Kamal [2009] FCAFC 98, the Full Federal Court considered the meaning of item 5A404(a) in Schedule 5A to the Migration Regulations 1994 (Cth) (the Regulations) which provides that

"[a IELTS test] taken less than two years before the date of the application".

Mr Kamal applied for his student visa in August 2007 but did his IELTS test in December 2007.
The question is whether the language of that Item refers only to a test taken before the date of the application or whether it also includes a test taken after the date of the application.

The appeal was conducted on the basis that one of two constructions of the relevant language of Item 5A404 was correct:

1. an IELTS test that was taken within the period of two years before the date of the application (this was the Minister's contention); or
   
2. an IELTS test that was taken no earlier than two years before the date of the application (which was the interpretation used by the Federal Magistrate who agreed with Mr Kamal's interpretation).

Although the court found that the construction question was not without doubt, option (2) was the preferable meaning. Administrative law is an interesting and complex area of practice!