Choda (Migration)

The Administrative Appeals Tribunal considered the case of a primary applicant seeking a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the English language ability requirement for the visa.

The Tribunal was required to determine if the applicant's evidence of English language proficiency, specifically IELTS scores and completion of an English Language Intensive Courses for Overseas Students (ELICOS) course, satisfied the legislative criteria for the visa.

The Tribunal reasoned that the applicant's IELTS test result from 16 February 2017, which yielded an Overall Band Score of 5.0, when combined with the 10-week ELICOS course completed on 22 September 2017, met the relevant legislative requirements. Consequently, the Tribunal was satisfied that the criterion was met.

The Tribunal remitted the application for reconsideration, directing that the primary applicant met the specified criteria for a Subclass 500 visa. The Tribunal noted it had no jurisdiction concerning the secondary applicant.