Dos Santos Coelho (Migration)

The Administrative Appeals Tribunal considered an application for Temporary Skill Shortage (Class GK) visas, subclass 482, medium-term stream, for the occupation of Plasterer. The applicants sought review of a decision not to grant them these visas.

The primary legal issue before the Tribunal was whether the applicants had satisfied the English language requirements for the visa. The Tribunal was required to determine if the evidence before it, or any further evidence provided during the review process, met the prescribed criteria for English language proficiency.

Senior Member Michael Cooke reasoned that a fundamental requirement for the visa had not been met. As no further evidence was provided to satisfy this essential criterion, the Tribunal was compelled to affirm the original decision. Consequently, the Tribunal affirmed the decision not to grant the applicants the Temporary Skill Shortage (Class GK) visas.