Bhatta (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500. The applicant had failed to provide evidence of English language ability to the Department, leading to uncertainty regarding the applicable English language proficiency requirements.

The Tribunal was required to determine the correct English language proficiency requirements that applied to the applicant's Subclass 500 visa application.

The Tribunal found that the matter should be remitted for reconsideration. It directed that the applicant meets the criteria specified in cl.500.213 of Schedule 2 to the Regulations.