Dal Cengio (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the Short-term stream. The applicant sought review of a decision that he did not meet the English language proficiency requirements for the visa. The case was heard by Senior Member R. Skaros of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirements as stipulated by clause 482.223(1) of Schedule 2 to the Regulations, read in conjunction with IMMI 18/032. This instrument specified that applicants for a Subclass 482 visa in the Short-term stream who undertook a PTE test required an overall band score of at least 36 and a score of at least 30 for each test component.

The Tribunal found that while the applicant had initially provided evidence of booking a PTE Academic test, he had failed to provide the results to the Department, leading the delegate to conclude he did not meet the requirements. However, the applicant subsequently provided a PTE test result dated 22 June 2020, which showed an overall score of 37 and individual component scores of 33 (listening), 39 (reading), 39 (speaking), and 39 (writing). The Tribunal verified this test and concluded that the applicant had achieved the required test score in a single sitting. Accordingly, the Tribunal determined that the applicant met the requirements of clause 482.223.

The Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that the applicant had met the English language proficiency criteria under clause 482.223 of Schedule 2 to the Regulations.