Batnasan (Migration)

The Administrative Appeals Tribunal considered an application by the first named applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the English language proficiency requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the English language proficiency criterion, specifically cl.500.213 of Schedule 2 to the Regulations.

The Tribunal found that the first named applicant had provided evidence of her enrolment in a registered English Language Intensive Courses for Overseas Students (ELICOS) course. In light of this evidence, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the first named applicant meets the English language proficiency criteria for the Subclass 500 visa.