Marambio Cavieres (Migration)

The Administrative Appeals Tribunal considered the application of Marambio Cavieres and other applicants for a Temporary Business Entry (Class UC) visa, subclass 457. The core of the dispute concerned whether the primary applicant had provided sufficient evidence of English language ability to satisfy the visa requirements. The other applicants' eligibility was contingent on the primary applicant's success.

The Tribunal was required to determine whether the primary applicant met the English language proficiency requirements as stipulated by clause 457.223(4)(eb) of Schedule 2 to the Migration Regulations 1994. This involved assessing the adequacy of the evidence presented to demonstrate the applicant's English language ability.

The Tribunal found that the primary applicant did meet the relevant criteria. Consequently, the Tribunal remitted the application to the Department for reconsideration, with a direction that the primary applicant satisfies the English language requirement under clause 457.223(4)(eb). The applications of the other named applicants, who applied as members of the family unit of the primary applicant, will be determined by reference to this outcome.