Monzalvez Delgado (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the medium-term stream, for the occupation of Bricklayer. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to the English language proficiency requirements. The Administrative Appeals Tribunal (AAT) considered the case based on the material before it, determining that a hearing was not necessary.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for the subclass 482 visa, as stipulated by clause 482.232(1) of the Regulations and the relevant instrument, IMMI 18/032. The Tribunal noted that clause 482.232(2), which allows the Minister to specify a manner for demonstrating proficiency, was not applicable in this instance. The applicant was not exempt from the language test requirements.

The Tribunal reasoned that on 15 June 2023, it received a PTE Academic Score Report for a test taken by the applicant on 9 June 2023. This report indicated that the applicant achieved an overall band score above 36 and met the minimum score of 36 in each of the four test components within a single test. Consequently, the Tribunal found that the applicant now satisfied the specified language test requirements under clause 482.232(1). The Tribunal therefore remitted the application for reconsideration to the Department, with a direction that the first applicant met the English language criteria.