Tagle (Migration)

The Administrative Appeals Tribunal considered an application by Tagle concerning a Temporary Skill Shortage (Class GK) visa, subclass 482, specifically the short-term stream. The core of the dispute revolved around the applicant's English language proficiency and whether they met the criteria for an exemption under IMMI 18/032.

The Tribunal was required to determine whether the applicant qualified for an exemption from the English language proficiency requirements stipulated in clause 482.223(1) of the Migration Regulations. This exemption was contingent on the applicant having completed five years of full-time study delivered in English.

In reaching its decision, the Tribunal accepted new information presented by the applicant, which satisfied the requirements for the exemption. Consequently, the Tribunal found that the applicant did not need to meet the standard English language proficiency requirements. The Tribunal remitted the decision under review to the Department with a direction that the applicant be considered to satisfy the requirements of clause 482.223 of Schedule 2 to the Migration Regulations 1994.