Baljeet Kaur (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, made by Baljeet Kaur. The applicant's visa application had been refused by the Department on the basis that she had not provided evidence of meeting the English language proficiency requirements. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the English language proficiency requirements as stipulated by clause 500.213 of Schedule 2 to the Migration Regulations 1994, as specified by the relevant instrument, IMMI 18/015. This involved assessing the validity and sufficiency of the English language test evidence provided by the applicant.

The Tribunal found that the applicant had provided evidence of achieving an overall score of 43 on a Pearson PTE Academic test taken on 21 December 2022. The relevant instrument, IMMI 18/015, specifies that a PTE score of 42 or above meets the English language requirements, and that the test must have been taken within two years immediately before the decision. As the applicant's test score of 43 met this threshold and was within the specified timeframe, the Tribunal was satisfied that she met the English language proficiency criteria under clause 500.213.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant meets the English language proficiency criteria. The Minister was to consider the remaining criteria for the visa.