Low (Migration)

The Administrative Appeals Tribunal, constituted by Senior Member P. Wood, considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language proficiency requirements for the visa. The applicant had been required to provide evidence of English language proficiency in accordance with the instrument IMMI 16/019.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the English language proficiency requirement stipulated in clause 500.213 of Schedule 2 to the Regulations. This clause mandates that an applicant must provide evidence of English language proficiency as specified in an instrument, if required by the Minister.

The Tribunal's reasoning was based on the applicant's own oral testimony during the hearing, where the applicant admitted to not having the capability to achieve the required English language proficiency as defined by IMMI 16/019. As there was no other evidence before the Tribunal demonstrating that the applicant had met this requirement, the Tribunal concluded that clause 500.213 was not satisfied. Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.