Ghimire (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Mr. Ghimire, had not provided evidence of English language ability to the Department of Home Affairs. This led to uncertainty regarding which English language proficiency requirements were applicable to his application.

The Tribunal was required to determine the correct English language proficiency requirements that applied to Mr. Ghimire's Subclass 500 visa application, given the lack of evidence provided to the Department.

The Tribunal found that the matter should be remitted for reconsideration. It directed that for the purpose of reconsideration, the applicant should be considered to meet the criteria set out in cl.500.213 of Schedule 2 to the Migration Regulations 1994. The Tribunal remitted the application for reconsideration with this specific direction.