Bombaro (Migration)

This matter concerned an appeal by Mr Giovanni Bombaro against a decision relating to his application for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The appeal was heard by Karen McNamara, a Member of the Tribunal. The primary dispute revolved around whether Mr Bombaro met the English language proficiency requirements stipulated by the relevant legislative instrument for the visa subclass.

The central legal issue before the Tribunal was to determine whether the applicant, Mr Bombaro, satisfied clause 482.232(1) of Schedule 2 to the Regulations. This clause requires an applicant to meet specified language test requirements, as detailed in IMMI 18/032. Specifically, the Tribunal had to ascertain if Mr Bombaro had provided evidence of sitting an approved English language test, achieving the required scores in a single attempt, and if the test was taken within the preceding three years of the evidence being provided. For a Subclass 482 visa in the medium-term stream, the requirement was an overall IELTS band score of at least 5.0, with a minimum of 5.0 in each component.

The Tribunal considered the IELTS test report submitted by Mr Bombaro, which indicated he undertook the test on 19 May 2019. The report showed an overall band score of 5.5, with scores of 5.5 in reading and writing, and 5.0 in speaking and listening. The Tribunal verified this report online. Applying the criteria, the Tribunal found that Mr Bombaro had sat an approved language test, achieved the required overall score and component scores in a single attempt, and the test date was within the three-year period prior to the evidence being provided. Consequently, the Tribunal concluded that Mr Bombaro met clause 482.232(1).

Given this finding, the Tribunal determined that the appropriate course of action was to remit the application for reconsideration by the Minister. This remittal was with the direction that the applicants, including Miss Heloise Navecth who applied as a family unit member, met the English language proficiency criteria for a Subclass 482 visa. The Minister was to consider the remaining criteria for the grant of the visa.