FAJARDO SUAREZ (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, Subclass 482, by Mr Fajardo Suarez and secondary applicants. The dispute before the Administrative Appeals Tribunal (AAT) related to whether the primary applicant met the English language proficiency requirements for the visa.

The Tribunal was required to determine if the primary applicant satisfied the English language proficiency requirements as stipulated by clause 482.223(1) of Schedule 2 to the Regulations. The Tribunal also considered whether clause 482.312 of Schedule 2, relating to family unit members, was met by the secondary applicants.

The Tribunal found that the primary applicant had provided a Pearson PTE English Language test result from 23 February 2023, achieving an overall band score of 42, which exceeded the minimum requirement of 36. Consequently, the Tribunal determined that the primary applicant met the requirements of clause 482.223 and that the secondary applicants, as members of the applicant's family unit, met the requirements of clause 482.312.

The Tribunal remitted the applications for reconsideration by the Minister, with a direction that the primary and secondary applicants met the specified English language proficiency and family unit criteria for a Subclass 482 visa.