Botos (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) in the medium-term stream. The primary applicant sought to demonstrate English language proficiency, while the secondary applicant was included as a member of the family unit. The decision was made by Alan McMurran, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the primary applicant satisfied the English language proficiency requirements as specified in IMMI18/032, pursuant to clause 482.232(1) of Schedule 2 to the Regulations. Additionally, the Tribunal was required to determine if the secondary applicant qualified as a member of the family unit of the primary applicant, in accordance with clause 482.312 of Schedule 2 to the Regulations.

The Tribunal found that the primary applicant had provided a PTE score report dated 12 April 2023, which met the minimum score requirements specified in the relevant instrument. Consequently, the Tribunal determined that the primary applicant satisfied the English language criterion. Furthermore, the Tribunal found that the secondary applicant was a member of the family unit of the primary applicant.

Given these findings, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration. The remittal was made with the direction that the primary applicant met the English language criterion (cl 482.232) and the secondary applicant met the criterion of being a member of the family unit (cl 482.312), allowing the Minister to consider the remaining criteria for the visa.