Katnak (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant had failed to provide evidence of English language ability to the Department, leading to uncertainty regarding which English language proficiency requirements were applicable to their application.

The primary legal issue before the Tribunal was to determine the correct English language proficiency requirements that applied to the applicant's Subclass 500 visa application, given the absence of evidence provided to the Department.

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