Lacap (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 English language proficiency.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language proficiency requirements as stipulated by the relevant legislative criteria for a Subclass 500 visa.

The Tribunal found that evidence of the applicant's IELTS test, taken on 28 July 2018, demonstrated an Overall Band Score of 5.5, which met the legislative requirements. In light of this new evidence, the Tribunal was satisfied that the criterion was met and concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.213 of Schedule 2 to the Regulations.