Sa Pires Dos Reis (Migration)

The Administrative Appeals Tribunal considered the case of Mr Sa Pires Dos Reis concerning his application for a Temporary Business Entry (Class UC) visa, Subclass 457. The dispute centred on whether Mr Dos Reis met the English language proficiency requirements stipulated by the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if Mr Dos Reis satisfied the criteria outlined in clause 457.223(4)(eb) of Schedule 2 to the Regulations, specifically regarding English language proficiency. This involved assessing whether he was an "exempt applicant" or met certain salary thresholds that would exempt him from the standard language testing requirements.

The Tribunal found that Mr Dos Reis was not an exempt applicant and there was no evidence he would receive a salary that would exempt him under subclause (6). Consequently, he was required to meet the English language test requirements under clause 457.223(4)(eb)(iv) and (v). The Tribunal noted that while Mr Dos Reis was given an opportunity to provide evidence of meeting these requirements, he failed to do so. The delegate had therefore correctly refused the visa application based on insufficient evidence. However, the Tribunal determined that the decision under review should be remitted for reconsideration. The Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration, with the direction that the first named applicant meets the English language criteria under clause 457.223(4)(eb) of Schedule 2 to the Regulations.