MIGRATION - Temporary Skill Shortage (Class GK) visa - Subclass 482 (Temporary Skill Shortage) - English language requirements - 5 years of full time study in a secondary or higher education institution delivered in English - decision under review remitted

Administrative Review Tribunal Act 2024 (Cth), s 106

Migration Act 1958 (Cth), s 65

Migration Regulations 1994, Schedule 2, cl 482.232

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 10 July 2023. The delegate refused to grant the visa on 15 September 2023.
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). The delegate acknowledged evidence of the applicant's study in Australia, which was for a period of more than 5 years, but found that the applicant had not provided any third-party verifiable documents from their institutions of study to confirm the nature of the courses and number of contact hours undertaken per week.
3. On 14 January 2025 the Tribunal received the following documents:
   1. A Certificate III in Hospitality (Commercial Cookery) from TAFE NSW dated 21 July 2010, a Diploma of Hospitality from TAFE NSW dated 31 December 2010, and an academic transcript from TAFE NSW dated 12 January 2011 showing the applicant's competency and distinctions across 53 units in the period 2009 - 2010, together with a letter of completion from TAFE NSW confirming that the applicant was a full time student in the period 9 February 2009 to 30 December 2010;
   2. A Diploma of Tourism conferred by Bridge Business College together with a Letter of Completion from Bridge Business College indicating that the applicant completed a Diploma of Tourism in English in the period 21 February 2011 to 23 February 2013 as a full-time student and a transcript indicating that the applicant completed 44 units in that timeframe;
   3. A Diploma of Business conferred by Bridge Business College, attaching Letter of Completion from Bridge Business College confirming that the applicant has completed a Diploma of Business conducted in the English language commencing on 8 April 2013 and concluding on 4 April 2015 as a full time student, and attaching a Student Transcript showing that the applicant has completed 40 units in the course of the diploma;
   4. A Diploma of Accounting conferred 17 April 2018 by Bridge Business College, attaching a student transcript from Bridge Business College indicating that the applicant completed 47 units in the period 2015-2018;
   5. A Diploma of Project Management dated 19 September 2019 conferred by Sydney School of Business and Technology, together with a course completion letter dated 19 September 2019 indicating that the applicant completed a Diploma of Project Management at Sydney School of Business and Technology in the period 8 October 2018 to 8 September 2019 which states that the qualification was delivered on a full time basis using English as the language of instruction, and a Record of Results indicating that the applicant completed 12 units;
   6. A certificate issued on 25 November 2021 from Victory Institute indicating that the applicant has completed a Certificate IV in Marketing and Communication together with a Transcript of Competency Record indicating that the applicant has completed twelve units in the period 2 November 2020 to 31 November 2021;
4. The documents reflect that the applicant has studied in Australia from 2009 to 2019, inclusive. The applicant has provided express acknowledgement from each institution that she has been enrolled at that at least 6 of those years were full time. She has provided evidence of completion of sufficient units to comprise a full time load for a further 4 years.
5. The Tribunal is satisfied that there is sufficient evidence to demonstrate that the applicant meets subclause 482.232(1). The relevant instrument referred to in that clause is IMMI 18/032 which provides an exemption for an applicant who has completed at least 5 years of full time study in a secondary education institution or higher education institution where the instruction was delivered in English. In light of the new evidence received, the Tribunal is satisfied that cl 482.232 is met, and the appropriate course is to set the decision aside and remit the visa application for reconsideration.
6. 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).

1. The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 482 visa:
   • cl 482.232 of Schedule 2 to the Regulations

Representative for the Applicant: Mr Erwin Marzukie (MARN: 9788734)