Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to demonstrating English language ability.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirements for the Subclass 500 visa, as stipulated by the relevant regulations.

The Tribunal's decision was informed by new evidence submitted by the applicant on 21 April 2018, which was a PTE Academic Institution Score Card showing a score of 69. Being satisfied that this new evidence met the 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 the criteria under cl.500.213 of Schedule 2 to the Regulations.