ACHARYA (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a chef. The applicant had provided an approved English language test report demonstrating they achieved the required scores. The Administrative Appeals Tribunal, presided over by Glen Cranwell, was tasked with determining whether the applicant met the English language proficiency requirements for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied clause 482.232(1) of Schedule 2 to the Regulations, which mandates that an applicant must meet any specified language test requirements. The Tribunal noted that clause 482.232(2), which allows the Minister to specify a manner for demonstrating proficiency, was not applicable in this instance. The relevant instrument outlined the approved tests and exemption criteria.

The Tribunal found that the applicant had provided a PTE test report dated 8 July 2024, showing an overall score of 50 and a minimum of 36 in each component. This satisfied the required test scores in an approved test, thus meeting the criteria under clause 482.232(1). Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the first applicant had met the English language proficiency criteria for the Subclass 482 visa.