Xue (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Xue concerning an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) in the medium-term stream. The applicant sought review of a decision that affirmed the refusal of their visa application.

The primary legal issue before the Tribunal was whether the applicant was exempt from the English language proficiency requirements for the subclass 482 visa, and if not, whether they had met the prescribed level of English language proficiency.

The Tribunal found that the applicant, who nominated the occupation of stonemason, was not exempt from the English language test requirements. Applying the relevant legislative provisions and policy guidelines, the Tribunal determined that the applicant had failed to demonstrate the required level of English language proficiency. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.