Asavametee (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Asavametee. The applicant had not initially provided evidence of English language ability to the Department. Subsequently, this evidence was provided to the Administrative Appeals Tribunal (the Tribunal) for its consideration.

The central legal issue before the Tribunal was whether the applicant met the English language ability criterion for the subclass 500 visa, given the new evidence presented. Specifically, the Tribunal had to determine if the provided IELTS test report satisfied the requirements of clause 500.213 of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal, having received a copy of an IELTS test report showing an overall band score of 6, was satisfied that the applicant met the English language ability criterion. Applying this finding, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal’s decision was to remit the application for reconsideration with a direction that the applicant meets the specified criteria for a Subclass 500 visa.