Lee (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by an applicant who sought to rely on a PTE test result and evidence of enrolment in a General English course. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.213 of Schedule 2 to the Migration Regulations 1994, which pertains to English language proficiency. This clause requires applicants to provide evidence of a specified level of English language proficiency, unless they fall within a class of applicants exempted by a legislative instrument. The Tribunal had to consider the requirements set out in IMMI 18/015, which specifies acceptable English language tests, minimum scores, and the timeframe within which the test must have been taken.

The Tribunal reasoned that the applicant was not within any of the exempted classes specified in IMMI 18/015, and therefore clause 500.213(1) applied. The Tribunal found that the applicant had achieved a PTE score of 35, which met the minimum requirement of 30, and this was packaged with a 26-week English course. As the PTE test was taken on 22 September 2020, which was within two years of the decision, the Tribunal concluded that the applicant met the English language proficiency requirements as stipulated by IMMI 18/015.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 500.213 of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the visa.