Jaiwongpan (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, by Mr Jaiwongpan, who sought to work as a chef. The primary dispute concerned whether Mr Jaiwongpan met the English language requirements for the visa.

The Tribunal was required to determine if the applicant had satisfied the English language proficiency criterion, specifically cl 482.232(1) of Schedule 2 to the Regulations. This involved assessing the validity and sufficiency of the Pearson Test of English Academic (PTE Academic) test results submitted by the applicant.

The Tribunal's reasoning was based on new evidence, namely the PTE Academic test results, which it found demonstrated that Mr Jaiwongpan met the English language requirements. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, with the direction that the applicant meets the English language criterion.