KURELLA (Migration)

The Administrative Appeals Tribunal 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 meeting English language requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the English language proficiency requirements for the Student (Temporary) (Class TU) visa, as stipulated by clause 500.213 of Schedule 2 to the Regulations.

The Tribunal's decision was based on new evidence submitted by the applicant, namely a PTE Academic Test Taker Report showing an overall score of 45. Having received and considered this report, the Tribunal was satisfied that the applicant met the English language criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant criteria.