GARCIA FURTADO (Migration)

The Administrative Appeals Tribunal considered applications for Student (Temporary) (Class TU) visas, subclass 500, made by Mr. Garcia Furtado and Ms. Garcia Furtado. The dispute concerned whether the applicants met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was to determine if the applicants had satisfied the English language proficiency criteria as stipulated by the relevant regulations for a Subclass 500 (Student) visa.

The Tribunal found that the IELTS test results provided by the applicants exceeded the minimum required score for English language proficiency. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that both the first and second named applicants were deemed to meet the English language proficiency criteria under clauses 500.213 and 500.311 of Schedule 2 to the Regulations, respectively. The Minister was to consider the remaining visa criteria.