Kumtongnakarin (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant had provided evidence of enrolment in a registered English Language Intensive Courses for Overseas Students (ELICOS) course to the Migration Review Tribunal. The Tribunal, presided over by Senior Member P. Wood, was required to determine whether the applicant met the English language proficiency requirements for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency criterion for the Subclass 500 visa, specifically cl.500.213 of Schedule 2 to the Regulations. This involved assessing the adequacy of the evidence presented by the applicant to demonstrate their English language ability.

The Tribunal reasoned that the newly provided evidence of enrolment in an ELICOS course at the Melbourne Education Institute Pty Ltd was sufficient to satisfy the English language proficiency criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for a Subclass 500 visa.