Lin (Migration)

The Administrative Appeals Tribunal considered an application by Lin for a Subclass 500 (Student) visa. The applicant had provided a PTE test report with a score of 15, which was below the minimum requirement for English language proficiency. Despite being granted an adjournment to seek advice from an education agent and providing further documentation, the Tribunal was not satisfied that the applicant had met the English language proficiency requirements specified in IMMI 16/019.

The central legal issue before the Tribunal was whether the applicant satisfied the English language proficiency criterion, specifically clause 500.213 of Schedule 2 to the Regulations. This clause requires an applicant to provide evidence of a specified level of English language proficiency, as detailed in an instrument, unless they fall within a specified class of applicants to whom the requirement does not apply. The Tribunal also considered the applicant's inability to articulate how she met the requirements of IMMI 16/019 and the submissions provided by her education agent.

The Tribunal reasoned that the applicant's PTE score of 15 did not meet the specified requirements under IMMI 16/019. Furthermore, the additional documentation provided, including confirmation of enrolment and evidence of English language study, did not establish that the applicant met the specified English language proficiency requirements. The Tribunal noted that the submission from the education agent confirmed relevant study but did not satisfy the specific criteria of IMMI 16/019. Consequently, the Tribunal found that the applicant had not met clause 500.213.

As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, and having failed to satisfy the English language proficiency requirement for the Subclass 500 (Student) visa, the Tribunal affirmed the decision not to grant the visa.