AWWAD (Migration)

The applicant sought review of a decision concerning their application for a Subclass 500 (Student) visa. The Tribunal, presided over by Senior Member P. Wood, considered new evidence provided by the applicant regarding their English language ability.

The central legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for the Subclass 500 visa, specifically criterion cl.500.213 of Schedule 2 to the Regulations.

The Tribunal was satisfied that the applicant had provided sufficient evidence of English language ability, namely the completion of a satisfactory IELTS test with an overall score of six. In light of this new evidence, the Tribunal concluded that the criterion was met and that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for the visa.