Ferraz Magalhaes (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Ferraz Magalhaes. The dispute centred on whether the applicant met the English language proficiency requirements stipulated by the relevant regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 500.213 of Schedule 2 to the Migration Regulations 1994, which pertains to English language proficiency. This clause requires applicants, if directed by the Minister, to provide evidence of their English language skills as specified in an instrument, unless they fall within a class of applicants exempted by such an instrument.

The Tribunal found that the applicant had been required to provide evidence of English language proficiency and had done so by submitting an IELTS Report Form dated 27 September 2018, indicating an overall band score of 5.5. The Tribunal was satisfied that this score met the requirements of clause 500.213, as detailed in the relevant instrument, IMMI 16/019. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had met the English language proficiency criteria.