John (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the occupation of Chef. The applicant, John, sought review of a delegate's decision that he had not satisfied the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had met the English language proficiency requirements as stipulated by clause 482.232(1) of Schedule 2 to the Migration Regulations 1994, read in conjunction with IMMI 18/032. This instrument specified that applicants for the medium-term stream of the Subclass 482 visa undertaking a Pearson Test of English Academic (PTE Academic) must achieve a minimum score of 36 in each component and an overall band score of 36.

The Tribunal reasoned that while the applicant had initially indicated an intention to sit an IELTS test, he had not provided those results. However, the applicant subsequently provided a PTE Academic Score Report dated 22 November 2020, which demonstrated scores of 39 for listening, 36 for reading, 48 for writing, 40 for speaking, and an overall band score of 45. The Tribunal verified this report and found that the applicant had achieved the required scores in a single test. Accordingly, the Tribunal concluded that the applicant met the English language proficiency requirements under clause 482.232(1).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had satisfied the English language proficiency criteria.