Mulyanto (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the Short-term stream. The applicant, Mr Mulyanto, sought review of a decision concerning his eligibility for the visa. The decision under review was made by the Tribunal, presided over by Senior Member R. Skaros.

The primary legal issue before the Tribunal was whether the applicant satisfied the English language proficiency requirements stipulated by clause 482.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's results from an IELTS test met the minimum score requirements as set out in the relevant instrument, IMMI 18/032, for a Subclass 482 visa in the Short-term stream.

The Tribunal reasoned that clause 482.223(1) required the applicant to satisfy language test requirements specified in an instrument, and clause 482.223(2) did not apply. The relevant instrument, IMMI 18/032, stipulated that for applicants in the Short-term stream undertaking an IELTS test, an overall band score of at least 5 and a score of at least 4.5 for each test component was required. The applicant provided an IELTS test result dated 26 June 2020, showing scores of 6 for listening, 6 for reading, 5.5 for writing, and 6.5 for speaking, with an overall band score of 6.0. The Tribunal found that these results met the specified requirements, as the applicant achieved the required test score in a single sitting and within the specified time.

Consequently, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 482.223 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.