Chan (Migration)

This matter concerned an application for review by Mr Chan of a decision relating to his Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream. The review was heard by Katie Malyon, a Member of the Tribunal.

The central legal issue before the Tribunal was whether Mr Chan satisfied the English language proficiency requirements as stipulated in cl.482.232 of Schedule 2 to the Regulations for applicants seeking the Medium-term stream visa. This requirement was further defined by the legislative instrument IMMI 18/032, which specified minimum score thresholds for the PTE English language test.

The Tribunal considered Mr Chan's PTE Academic score report, which indicated an overall score of 40 and component scores of 36 for Listening, 38 for Reading, 36 for Speaking, and 41 for Writing. The Tribunal independently verified these results and concluded that Mr Chan had achieved at least the minimum required scores for each component and the overall score as specified by IMMI 18/032. Consequently, the Tribunal was satisfied that Mr Chan met the English language requirements under cl.482.232.

Based on the new evidence and its findings, the Tribunal remitted the application for reconsideration. The Tribunal directed that Mr Chan be considered to meet the criteria under cl.482.232 of Schedule 2 to the Regulations for a Subclass 482 visa.