Lalit Kumar (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Lalit Kumar, had provided a PTE academic institution score report showing an overall score of 44. The Administrative Appeals Tribunal, constituted by Senior Member P. Wood, was required to determine whether this evidence satisfied the English language ability requirement for the visa.

The central legal issue before the Tribunal was whether the PTE academic institution score report constituted satisfactory evidence of the applicant's English language proficiency, as required by the relevant regulations, specifically cl.500.213 of Schedule 2 to the Regulations.

The Tribunal considered the new evidence provided by the applicant, the PTE academic institution score report. Upon review of this report, the Tribunal was satisfied that the applicant had met the English language ability 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 criteria for a Subclass 500 visa, specifically cl.500.213 of Schedule 2 to the Regulations.