Empleo (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of English language ability to satisfy the criteria for the Subclass 482 visa, specifically clause 482.223 of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Applying section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal found in favour of the applicant. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant criteria.