Abdul (Migration)

This matter came before the Tribunal concerning an applicant for a Subclass 500 (Student) visa. The central dispute revolved around whether the applicant met the English language proficiency requirements stipulated by the relevant legislative instrument for this visa subclass. The Tribunal, presided over by Member Vanessa Plain, was tasked with determining if the applicant's submitted evidence satisfied these criteria.

The primary legal issue before the Tribunal was to ascertain whether the applicant had provided sufficient evidence of English language proficiency as required by clause 500.213 of Schedule 2 to the Regulations, read in conjunction with Legislative Instrument IMMI 16/019. Specifically, the Tribunal had to consider if the applicant's score of 38 on the Pearson PTE Academic test, combined with their enrolment in a 10-week Diploma of Information Technology course, met the minimum requirements outlined in the relevant legislative instrument.

The Tribunal's reasoning focused on the specific provisions of IMMI 16/019, which details the English language test providers and score requirements for Subclass 500 visas. It noted that Pearson PTE Academic is an approved test provider and that the instrument allows for a minimum test score of 36 to be satisfied when combined with a minimum of 10 weeks of English Language Intensive Courses for Overseas Students (ELICOS) study. Having reviewed the applicant's Pearson Test Taker Score Report and confirmation of enrolment, the Tribunal was satisfied that the applicant met the English language proficiency criteria under clause 500.213(3)(a). Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant had met the English language proficiency criterion.