Kaur (Migration)

The Administrative Appeals Tribunal considered the application of Ms Kaur for a Subclass 500 (Student) visa. The dispute concerned whether Ms Kaur had provided sufficient evidence of her English language ability to satisfy the requirements for the visa.

The primary legal issue before the Tribunal was to determine if the evidence of English language proficiency submitted by Ms Kaur met the legislative criteria for the Subclass 500 visa. Specifically, the Tribunal had to assess the validity and sufficiency of a PTE English test result provided by the applicant.

The Tribunal found that the applicant's PTE English test, taken on 9 July 2018, yielded an Overall Score of 56, which satisfied the legislative requirements for English language ability. In light of this new evidence, the Tribunal concluded that the relevant criterion, cl.500.213 of Schedule 2 to the Regulations, was met. Consequently, the Tribunal remitted the application for reconsideration with the direction that this criterion was satisfied.