Kumar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal by the applicant, Mr. Kumar. The central dispute revolved around whether the applicant met the English language proficiency requirements stipulated by the *Migration Regulations 1994* (Cth) for this visa subclass.

The Tribunal was required to determine if Mr. Kumar satisfied criterion cl.500.213 of Schedule 2 to the Regulations, which mandates evidence of English language proficiency unless the applicant falls within a specified exempt class. The specific question was whether the applicant's PTE English test result, when packaged with a 10-week English course, met the requirements outlined in IMMI 18/015.

The Tribunal reasoned that as Mr. Kumar did not belong to any of the exempt classes, cl.500.213(1) applied. It found that IMMI 18/015 specified that a PTE score of 36 or above, when combined with at least 10 weeks of ELICOS, satisfied the English language requirement, provided the test was taken within two years of the decision. The Tribunal noted that Mr. Kumar had achieved a PTE score of 36 in a test dated 14 June 2019, which was packaged with a 10-week English course. Consequently, the Tribunal concluded that Mr. Kumar met the English language proficiency criterion.

The Tribunal ordered that the application for the Student (Temporary) (Class TU) visa be remitted for reconsideration by the Minister, with a direction that Mr. Kumar satisfies criterion cl.500.213 of Schedule 2 to the Regulations.