English & ENS
An applicant proficient in computer English but not meeting vocational English was still regarded as an exceptional appointment by the MRT in Kim N0600199  MRTA 506 (17.11.06). The MRT noted:
The applicant’s evidence is that he has been, and is, able to transfer his general computing programming expertise to a non-Korean speaker. He provided examples of programming work which contained ‘computing English’ and indicated he was able to work in this language and hence train other workers in this field, irrespective of his English language ability.
The applicant’s submissions concerning his work, and subsequent positive assessment by ACS, demonstrate that he is able to perform computing work in Australia (and so pass on his skills) despite a lack of English language.
After carefully considering the evidence cumulatively, the Tribunal is satisfied on balance that the applicant has been nominated to work in a position for which it is not essential for him to have a vocational level of English in order to transfer his skills or otherwise train work colleagues and that he is able to comply with occupational health and safety issues. After carefully considering the evidence cumulatively, the Tribunal is satisfied on balance that the appointment is exceptional.