XIMENES ALVES JUNQUEIRO (Migration)

[2025] ARTA 1640

XIMENES ALVES JUNQUEIRO (MIGRATION) [2025] ARTA 1640 (7 AUGUST 2025)

DECISION AND  

REASONS FOR DECISION

Applicant:Mr Celio XIMENES ALVES JUNQUEIRO

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2503350

Tribunal:General Member S Aster

Place:Melbourne

Date:  7 August 2025

Decision:The Tribunal sets aside the decision under review and remits the application for reconsideration, with the order that the applicant meets cl 482.232(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

Statement made on 07 August 2025 at 12:50pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – English language proficiency – evidence of specified test result provided – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Administrative Review Tribunal Act 2024 (Cth), s 106(3)
Migration Regulations 1994 (Cth), Schedule 2, cl 482.232(1)

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister to refuse to grant the applicant a GK – Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 5 September 2024. The delegate refused to grant the visa on 15 January 2025.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 19 July 2025, the applicant sat a Pearson Test of English and achieved the minimum necessary scores. In light of the new evidence received, the Tribunal is satisfied that the criterion is met, and the appropriate course is to set the decision aside and remit the visa application for reconsideration.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary. The issues in the proceeding could be adequately determined without a hearing, and the Tribunal was able to find wholly in favour of the applicant on the basis of the material before it, pursuant to s 106(3) of the Administrative Review Tribunal Act 2024 (Cth).

   DECISION

5. The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the applicant meets cl 482.232(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

   Representative for the Applicant:  Mr Piotr Dariusz Ferenc (MARN: 0743766)