Khan (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 Student (Temporary) visa. The applicant 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 ability requirement for the Subclass 500 visa, specifically criterion cl.500.213 of Schedule 2 to the Regulations.

The Tribunal was provided with a copy of an IELTS test report showing an overall score of 5.5. In light of this new evidence, the Tribunal was satisfied that the applicant met the English language ability criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this criterion.