2423161 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of a delegate's decision to refuse the visa. The central dispute revolved around whether the applicant had satisfied the English language proficiency requirements as stipulated in the Migration Regulations 1994 (Cth).

The Tribunal was required to determine whether the applicant met the English language proficiency requirements under clause 500.213 of Schedule 2 to the Migration Regulations. This involved considering whether the applicant had provided satisfactory evidence of their English language proficiency, as mandated by a legislative instrument, and whether the evidence provided met the specified minimum score and timeframe requirements.

The Tribunal found that while the applicant initially failed to provide evidence of English language proficiency, they subsequently submitted a Pearson (PTE) Score Report on 16 July 2024, indicating a test taken on 7 July 2024. This report showed an overall band score of 42, which was verified by the Tribunal and met the minimum score requirement specified in legislative instrument IMMI 18/015. Consequently, the Tribunal was satisfied that the applicant met the English language proficiency criterion.

Given that the applicant had satisfied the English language requirement, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets clause 500.213 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the grant of the Subclass 500 (Student) visa.