Gomez Usme (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Gomez Usme, sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirement for the Subclass 500 visa. This involved assessing the evidence provided by the applicant regarding their English language test results and any English Language Intensive Courses for Overseas Students (ELICOS) study undertaken.

The Tribunal found that the applicant had provided sufficient evidence demonstrating they had achieved a PTE score greater than 30 and had completed more than the required 20 weeks of ELICOS study. Based on this evidence, the Tribunal was satisfied that the English language proficiency criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria under cl.500.213 of Schedule 2 to the Regulations.