Yepes Baena (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an engineering professional. The applicant sought review of a decision concerning their eligibility for the visa. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the English language proficiency requirements as stipulated by clause 482.232(1) of Schedule 2 to the Regulations, as specified in IMMI 18/032. Clause 482.232(2), which allows the Minister to request alternative proof of proficiency, was not applicable in this instance.

The Tribunal considered the applicant's Pearson Test of English Academic (PTE) results dated 30 October 2021. IMMI 18/032 mandates a minimum overall PTE score of 36 and a score of at least 30 in each of the four test components. The applicant's provided test results demonstrated an overall score of 50 and scores exceeding 36 in each of the four components, achieved within the specified timeframe. Based on these findings, the Tribunal concluded that the applicant met the English language proficiency criteria under clause 482.232(1).

Consequently, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant satisfies the criteria under clause 482.232 of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the visa.