KAYA (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Subclass 500 (Student) visa. The applicant sought to have the Tribunal's decision set aside.

The central legal issue before the Tribunal was whether the applicant met the English language ability requirement for the Subclass 500 visa, specifically criterion cl.500.213 of Schedule 2 to the Regulations.

The Tribunal considered new evidence provided by the applicant, which demonstrated that their principal course of study was now an English Language Intensive Courses for Overseas Students (ELICOS) course. Being satisfied that this new evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets criterion cl.500.213.