Lega Nono (Migration)

This matter concerned an application for a Temporary Work (Skilled) (subclass 457) visa by Lega Nono, nominated for the position of Program or Project Administrator by Gazmick Building Services P/L. The Administrative Appeals Tribunal was required to determine whether the applicant met the English language proficiency requirements stipulated in clause 457.223(4)(eb) of the relevant regulations. The delegate had previously refused the visa application on the basis that the applicant had not provided satisfactory evidence of English language proficiency within the specified timeframe, despite being given an opportunity to do so.

The Tribunal considered the applicant's submission of new evidence, specifically the results of a PTE Academic test taken on 4 May 2019. The Tribunal independently verified these scores, which indicated the applicant had achieved the minimum required scores in listening, reading, speaking, and writing, as well as an overall score. The Tribunal found that this new evidence satisfied the requirements of clause 457.223(4)(eb), including the condition that the test was undertaken and the scores achieved within the period specified by the relevant legislative instrument.

Consequently, the Tribunal concluded that the applicant met the English language proficiency criteria for the subclass 457 visa. As a result, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had satisfied clause 457.223(4)(eb). The Minister was then to consider the remaining criteria for the grant of the visa.