Kunwar (Migration)

The Administrative Appeals Tribunal considered an application by Mr Kunwar for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a delegate's decision to refuse his visa application on the grounds that he had failed to provide sufficient evidence of English language proficiency. The Tribunal was required to determine whether the applicant met the English language proficiency requirements as stipulated by clause 500.213 of Schedule 2 of the Migration Regulations 1994 and the instrument IMMI 18/015.

The Tribunal's reasoning focused on the applicant's failure to satisfy the primary criteria for English language proficiency. The applicant had provided a Pearson Test of English (PTE) score of 17, which did not meet the minimum requirements. Although the applicant indicated he would undertake another PTE test, he failed to provide the results to the Tribunal within the extended timeframe granted. The Tribunal noted that the applicant did not fall within any of the specified exemptions from the English language proficiency requirements.

Consequently, the Tribunal was not satisfied that the applicant met the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the decision under review was affirmed.