KIM (Migration)

The applicant sought review of a decision concerning a Subclass 500 (Student) visa. The dispute centred on whether the applicant had met the English language ability requirements for the visa. The matter came before the Tribunal, presided over by Senior Member P. Wood.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency criterion for the Subclass 500 visa, specifically as stipulated by cl. 500.213 of Schedule 2 to the Regulations.

The Tribunal's reasoning was based on new evidence provided by the applicant, which included a satisfactory IELTS score accompanied by proof of 10 weeks of English Language Intensive Courses for Overseas Students (ELICOS). In light of this updated evidence, the Tribunal was satisfied that the English language criterion had been met. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named applicant be considered to have met the relevant criteria.