Pappalardo (Migration)

The matter before the Tribunal concerned an application for a Temporary Skill Shortage (Class GK) – Subclass 482 (Temporary Skill Shortage) visa, Medium Stream. The primary dispute revolved around whether the applicant met the English language proficiency requirements as stipulated by clause 482.232 of the relevant regulations and the legislative instrument IMMI 18/032.

The Tribunal was required to determine if the applicant had satisfied the English language requirements for the visa. Specifically, this involved assessing whether the applicant had provided evidence of achieving the required scores in an approved English language test, taken within the specified timeframe, and whether the test results were valid even if obtained after the initial visa application was lodged. The relevant legislative instrument required the test to be taken within three years of the date evidence was provided and that the required scores be achieved in a single attempt, unless the applicant was exempt.

The Tribunal found that the applicant had provided evidence of an IELTS test taken on 27 October 2018, where they achieved the minimum score of 5 in listening and speaking, and 5.5 in reading and writing. These scores met the minimum requirements for each component. The Tribunal noted that the legislative instrument did not mandate that the test be taken prior to the visa application, only that the test date be no more than three years before the date evidence was provided. Furthermore, policy guidelines indicated the test must be completed within three years of the valid visa application lodgement date. Based on this, the Tribunal concluded that the applicant met the requirements of clause 482.232(1).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the first named applicant met the English language criteria under clause 482.232 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 457 visa.