Thammawan (Migration)

The Administrative Appeals Tribunal considered the applications of two individuals for Temporary Skill Shortage (Class GK) visas, Subclass 482. The primary dispute concerned whether the first applicant met the English language proficiency requirements for the short-term stream of this visa subclass, as stipulated by clause 482.223(1) of the Regulations and the relevant instrument, IMMI 18/032. The second applicant's application had been refused on the basis that she was not a member of the family unit of a person holding a relevant visa.

The Tribunal was required to determine if the first applicant satisfied the English language proficiency requirements. This involved assessing whether she had provided evidence of sitting an approved English language test, achieving the required scores in a single attempt, and whether the test was taken within the preceding three years of the evidence being provided. For an IELTS test for the short-term stream, the instrument specified an overall band score of at least 5.0 and a score of at least 4.5 in each component.

The Tribunal reasoned that the first applicant had provided an IELTS test report dated 1 February 2020, showing an overall band score of 5.0, with component scores of 5.5 in listening, 4.5 in reading, and 5.0 in speaking and writing. The Tribunal found this report to be verified and concluded that the applicant had met the required test scores in a single attempt, and that the test date was within the three-year validity period. Consequently, the Tribunal found that clause 482.223(1) had been satisfied.

Given these findings, the Tribunal remitted the applications for reconsideration. It directed that the first applicant met the English language proficiency criteria for the Subclass 482 visa. The Tribunal also noted that, upon remittal and based on the outcome of the first applicant's visa application, the Department would reconsider the second applicant's eligibility for the visa.