Gonzales (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant sought review of a decision that they did not meet the English language proficiency requirements for the visa. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirements as stipulated by clause 482.232(1) of Schedule 2 to the relevant regulations, read in conjunction with IMMI 18/032. This instrument specified that applicants for the medium-term stream of the Subclass 482 visa who undertook an IELTS test were required to achieve a minimum score of 5.0 in each component and an overall band score of 5.0.

The Tribunal noted that the applicant's initial IELTS test result, dated 26 October 2019, did not meet these requirements. However, the Tribunal subsequently received a later IELTS test report, dated 28 August 2020, which showed the applicant achieving scores of 6.0 for Listening, 5.5 for Reading, 5.5 for Writing, 6.5 for Speaking, and an overall band score of 6.0. The Tribunal verified these results and found that they demonstrated the applicant had achieved the required test score in a single sitting within the specified timeframe. Consequently, the Tribunal determined that the applicant met the English language proficiency criteria under clause 482.232.

The Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 482.232 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.