Song (Migration)

The Administrative Appeals Tribunal considered the applications of Ms. Song and two other applicants for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The dispute centred on whether Ms. Song met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was to determine whether Ms. Song satisfied the English language proficiency requirements as stipulated by clause 482.232(1) of the Migration Regulations 1994, referencing IMMI 18/032, which sets out the specific English language test requirements for applicants seeking a Subclass 482 visa in the Medium-term Stream.

The Tribunal reasoned that IMMI 18/032 requires applicants undertaking an IELTS test to achieve a minimum score of 5.0 in each component and an overall band score of 5.0. While Ms. Song's initial IELTS test result did not meet this standard, a subsequent test report, verified by the Tribunal, showed she achieved the required scores in all components and overall. The Tribunal found no evidence that the Minister had requested alternative proof of English language proficiency. Consequently, the Tribunal concluded that Ms. Song met the English language criteria.

The Tribunal remitted the applications for reconsideration by the Minister, directing that Ms. Song had met the English language proficiency requirements under clause 482.232 of Schedule 2 to the Regulations.