Devassy (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 500 (Student) visa. The central dispute concerned whether the applicant had satisfied the English language proficiency requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criterion in clause 500.213 of Schedule 2 to the Regulations, which mandates the provision of evidence of English language proficiency if required by the Minister, unless the applicant falls within a specified class. The Tribunal also had to consider the requirements outlined in IMMI 16/019, which details the evidence of English language proficiency and the classes of applicants exempt from this requirement.

The Tribunal reasoned that as the applicant held a passport from India, they did not belong to any of the exempt classes specified in IMMI 16/019. Therefore, clause 500.213(1) applied, requiring the applicant to provide evidence of English language proficiency. The applicant had submitted results from an IELTS test taken on 15 January 2018, achieving an Overall Band Score of 5.5. The Tribunal was satisfied that this evidence met the requirements of clause 500.213.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa for reconsideration by the Minister, with a direction that the applicant had met the English language proficiency criterion under clause 500.213 of Schedule 2 to the Regulations.