Karki (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant on 15 March 2021. The applicant sought review of a decision not to grant the visa. The Tribunal considered the applicant's claims and evidence in relation to the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirements as stipulated by regulation 500.213 of the Migration Regulations 1994 and the instrument IMMI 18/015. Specifically, the Tribunal had to determine if the applicant had provided sufficient evidence of undertaking an approved English language test, achieving the required score, and completing the test within the specified timeframe.

The Tribunal reasoned that to meet regulation 500.213, an applicant must provide evidence of English language proficiency that meets the requirements specified in an instrument, unless they fall within a class of applicants to whom this requirement does not apply. The instrument IMMI 18/015 outlines these requirements, including undertaking a specified test, achieving a minimum score, and completing the test within two years prior to the visa application or the decision on the application. The Tribunal noted that the applicant had been granted an adjournment due to medical incapacity. However, the applicant had not provided the required documentation demonstrating English language proficiency.

Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. The decision under review was therefore affirmed.