Majumdar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant provided evidence of English language proficiency in the form of an IELTS test result, taken on 29 April 2017, where she achieved an overall score of 6.5. The decision under review was made by a Tribunal, presided over by Member Lilly Mojsin.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for a Subclass 500 visa, as stipulated by clause 500.213 of Schedule 2 to the Regulations and the associated instrument IMMI 16/019. This clause requires applicants, if directed by the Minister, to provide evidence of English language proficiency meeting specified requirements, unless they fall within a class of applicants to whom the requirement does not apply.

The Tribunal reasoned that the applicant had satisfied clause 500.213(1) of the Regulations. The applicant's IELTS test score of 6.5 exceeded the minimum requirement of 5.5, the test was provided by a specified language test provider, and it was taken within the maximum permissible timeframe of two years prior to the application date of 7 March 2017. Consequently, the Tribunal found that the applicant met this criterion.

Given that the applicant met the English language proficiency requirement, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to have met clause 500.213 of Schedule 2 to the Regulations.