Partipilo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, before the Tribunal. The applicant sought review of a decision relating to their eligibility for the visa, specifically concerning English language proficiency requirements.

The Tribunal was required to determine whether the applicant satisfied the English language proficiency requirements as stipulated by clause 482.223 of Schedule 2 to the Regulations, as specified in the relevant instrument, IMMI 18/032. The Tribunal also considered whether clause 482.223(2), which allows the Minister to request a demonstration of English language proficiency, was applicable.

The Tribunal found that the applicant was not exempt from the English language test requirements under IMMI 18/032. Crucially, the applicant subsequently provided an IELTS test result, undertaken on 29 November 2022, which met the specified requirements of an overall band score of at least 5.0 and a score of at least 4.5 for each test component. The Tribunal independently verified these results as genuine and concluded that the applicant satisfied clause 482.223(1). As clause 482.223(2) was not applicable, the Tribunal determined that the applicant met the entirety of clause 482.223.

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 meets the English language proficiency criteria under clause 482.223 of Schedule 2 to the Regulations.