Chua (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant failed to provide evidence of meeting the minimum English language proficiency requirements. The Administrative Appeals Tribunal, constituted by Member Mark Bishop, was required to determine whether the applicant satisfied the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant had met the English language proficiency requirements as stipulated in subclause 500.213(1) of Schedule 2 to the Migration Regulations. This subclause requires an applicant, if so directed, to provide evidence of their English language proficiency as specified in an instrument. The relevant instrument, IMMI 16/019, detailed the minimum test scores required for various course packages, including those involving English Language Intensive Courses for Overseas Students (ELICOS).

The Tribunal found that the applicant had provided a Pearson Test of English Academic (PTE) report with an overall band score of 23. However, the applicant was enrolled in a course package that included 20 weeks of ELICOS, which, according to IMMI 16/019, required a minimum overall PTE Academic band score of 30. As the applicant's score of 23 fell below this threshold, they did not satisfy the English language requirements of subclause 500.213(1). Consequently, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa.

The Tribunal affirmed the decision not to grant the applicant the Student (Temporary) (Class TU) visa.