Magat (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language proficiency requirements stipulated by the Migration Regulations 1994. The applicant had provided an IELTS test report with a band score of 4.5 and evidence of enrolment in a 24-week General English course.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied criterion cl 500.213 of Schedule 2 to the Regulations, which pertains to English language proficiency. This criterion requires an applicant to provide evidence of a specified level of English language proficiency, unless they fall within a class of applicants to whom the requirement does not apply, as outlined in IMMI 18/015.

The Tribunal reasoned that the applicant had provided the necessary documentation, including an IELTS test report and evidence of enrolment in an ELICOS course. It found that this evidence satisfied the requirements of cl 500.213. Consequently, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining criteria for the Subclass 500 (Student) visa, with a direction that the applicant had met the English language proficiency criterion.