LIN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the English language proficiency requirements for the visa.

The legal issue before the Tribunal was to determine if the applicant satisfied the English language requirements as stipulated by clause 500.213 of Schedule 2 to the Migration Regulations 1994, specifically in light of the provisions of IMMI 18/015. This involved assessing whether the applicant had completed a substantial component of a course leading to a qualification at Certificate IV level or higher, conducted in Australia and in English, while holding a student visa within the two years preceding her application.

The Tribunal considered evidence indicating the applicant had held a student visa from August 2020 to July 2023, encompassing the relevant two-year period. Furthermore, a PRISMS search and a certificate of completion for a Diploma of Information Technology, along with a record of results, supported the applicant's claim that she had completed a substantial component of this qualification in Australia while on a student visa. The Tribunal found that the applicant met the criteria under clause 6(d)(ii) of IMMI 18/015, which provides an exception to the standard English language testing requirements for applicants who have successfully completed a substantial component of a qualifying course in Australia while holding a student visa.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration. The direction was that the applicant be considered to meet the English language criteria under clause 500.213 of Schedule 2 to the Regulations.