Corazza (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant whose English language proficiency was in dispute.

The central legal issue before the Tribunal was whether the applicant met the English language requirements for the Subclass 457 visa, specifically in light of new evidence submitted after the initial decision.

The Tribunal reviewed a PTE Academic Institution Score Report dated 29 October 2018, which showed the applicant achieved an overall score of 55 and met the minimum component scores. Being satisfied that this new evidence demonstrated compliance with the relevant criteria, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be found to meet the criteria specified in clauses 457.223(4)(eb) and 457.223(4)(ec) of Schedule 2 to the Regulations.