El Khoury (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a carpenter. The applicant had provided an approved English language test report to the Tribunal demonstrating that they had achieved the required test scores. The decision was made by Wan Shum, Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 482.232(1) of Schedule 2 to the Regulations, which mandates that an applicant must meet any specified language test requirements. The Tribunal considered the relevant instrument, IMMI 18/032: Language Test Requirements—Subclass 482 Visa, which outlines these requirements and exemptions.

The Tribunal reasoned that the applicant had provided an IELTS test report dated 27 December 2022, showing an overall band score of 6.0 and a score of 6.0 or more in each component. This satisfied the required test scores in an approved test, thus meeting the criteria of clause 482.232(1). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met clause 482.232(1).