Patel (Migration)

The Administrative Appeals Tribunal considered the applications of Mr. Patel and his family for Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)). The dispute centred on whether Mr. Patel, nominated to work as a Hair or Beauty Salon Manager, met the English language proficiency requirements for the visa.

The Tribunal was required to determine if Mr. Patel satisfied the English language requirements as stipulated in clause 457.223(4)(eb) of the Migration Regulations 1994. This involved assessing whether he was an "exempt applicant" under clause 457.223(11) and, if not, whether he had undertaken a specified language test, achieved the required score within the specified period, and in a single attempt.

The Tribunal reasoned that Mr. Patel, holding an Indian passport and earning less than the high salary threshold, did not fall into any of the defined categories of exempt applicants. Although the English language requirement had not been initially addressed by the Department, Mr. Patel subsequently provided an IELTS Test Report Form demonstrating an overall score of 7, with the required minimum score in each component, achieved on 3 June 2017. The Tribunal concluded that Mr. Patel met the English language criteria under clause 457.223(4)(eb).

Consequently, the Tribunal remitted the applications for reconsideration by the Department, directing that Mr. Patel meets the English language criteria for a Subclass 457 visa. The applications of his family members, who applied as members of his family unit, will be determined by reference to the outcome of his application.