Faso (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an Agricultural Technician. The applicant's eligibility for the visa was before the Tribunal.

The central legal issue before the Tribunal was whether the applicant satisfied clause 482.232(1) of Schedule 2 to the Regulations, which pertains to English language proficiency requirements. This clause mandates that an applicant must meet any language test requirements specified by the Minister in a legislative instrument.

The Tribunal found that the applicant had met the English language proficiency requirements under clause 482.232(1). The applicant had undertaken an IELTS test within the prescribed timeframe and achieved the required scores as set out in the relevant legislative instrument. Consequently, the Tribunal determined that the applicant satisfied this criterion.

The Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named applicant met the English language proficiency criteria under both clause 482.232(1) and clause 482.232 of Schedule 2 to the Regulations, and that the Minister should consider the remaining visa criteria.