Tyulpinov (Migration)

The Administrative Appeals Tribunal, constituted by Senior Member R. Skaros, considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage), medium-term stream. The dispute concerned whether the applicant, a Wall and Floor Tiler, had met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language proficiency requirements as stipulated by clause 482.232(1) of the Migration Regulations 1994, read in conjunction with IMMI 18/032. This instrument specified that applicants for the medium-term stream of the Subclass 482 visa who undertook an IELTS test must achieve a minimum score of 5.0 in each component and an overall band score of 5.0. The Tribunal also considered whether clause 482.232(2), which allows the Minister to require alternative demonstrations of English proficiency, was applicable.

The Tribunal found that the applicant had provided an IELTS test report dated 4 October 2020, which demonstrated the required scores: 5.0 for listening, 5.0 for reading, 5.0 for writing, 5.5 for speaking, and an overall band score of 5.0. The Tribunal concluded that the applicant had achieved the necessary test scores in a single sitting and within the specified timeframe. It was also noted that there was no indication that the Minister had required the applicant to demonstrate English proficiency in any other manner. Consequently, the Tribunal determined that the applicant met the requirements of clause 482.232.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant satisfies the English language proficiency criteria under clause 482.232 of Schedule 2 to the Regulations. The Minister was to consider the remaining visa criteria for all named applicants.