Chimeddorj (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Ms. Chimeddorj, a citizen of Nepal. The primary dispute revolved around whether the applicant had satisfied the English language proficiency requirements stipulated by clause 500.213 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal, constituted by Member Steven Griffiths, was tasked with reviewing the delegate's decision to refuse the visa.

The Tribunal was required to determine if Ms. Chimeddorj met the criteria for English language proficiency under clause 500.213. Specifically, the Tribunal needed to consider whether the applicant fell within an exempt class of applicants as defined by IMMI 18/015, or if she was otherwise required to provide documented evidence of her English language proficiency. The Tribunal also had to assess the evidence presented by the applicant, including her academic transcript and confirmation of enrolment for a Master of Professional Accounting course.

The Tribunal reasoned that clause 500.213(1) of the Regulations, which mandates evidence of English language proficiency, did not apply to the applicant because she met the criteria in Part 2, clause 6(2)(d)(ii) of IMMI 18/015. This exemption applied as the applicant had, within the two years prior to her visa application, successfully completed a substantial component of a course leading to a qualification at Certificate IV level or higher from the Australian Qualifications Framework, which was conducted in Australia in English while she held a student visa. The Tribunal accepted the applicant's confirmation of enrolment for a Master's degree commencing in February 2018.

Consequently, the Tribunal concluded that the applicant met the English language proficiency criteria under clause 500.213. The Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant satisfied this specific criterion.