Lama (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant her this visa. The Tribunal, constituted by Gabrielle Cullen, was required to determine whether the applicant met the English language proficiency requirements stipulated by the *Migration Regulations 1994* (Cth) and the relevant ministerial instrument, IMMI 18/015.

The central legal issue before the Tribunal was whether the applicant had satisfied clause 500.213 of Schedule 2 to the Regulations, which mandates evidence of English language proficiency unless the applicant falls within a specified class exempt from this requirement under IMMI 18/015. Specifically, the Tribunal had to assess if the applicant's provided PTE Academic test scores met the minimum thresholds outlined in IMMI 18/015, considering any potential packaging with English Language Intensive Courses for Overseas Students (ELICOS).

The Tribunal found that the applicant was required to provide evidence of English language proficiency and had failed to do so in accordance with IMMI 18/015. While the applicant had submitted several PTE Academic test results, none achieved the minimum required score of 30, even when considering a 20-week ELICOS package. The Tribunal noted that the applicant had been afforded over two years to meet this requirement, despite her stated difficulties with anxiety and depression. Furthermore, the Tribunal found no evidence that the applicant qualified for any of the exemptions specified in IMMI 18/015, such as holding a passport from a specified country or having completed a certain duration of study in English in an approved country.

Consequently, the Tribunal concluded that the applicant had not 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 Tribunal affirmed the decision under review.