Birlik (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant had provided a PTE academic test report as evidence of meeting the English language requirements for the visa.

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

The Tribunal was satisfied that the PTE academic test report, which showed an overall score of 42, constituted sufficient evidence to meet the English language requirement. In light of this new evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant criteria.