MAMUN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant had provided Pearson Test of English Academic results from 6 April 2017, achieving an overall score of 69. The Tribunal was required to determine whether the applicant met the English language proficiency requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.213 of Schedule 2 to the Regulations, which mandates evidence of English language proficiency unless the applicant falls within a specified class. This clause is further elaborated by IMMI 16/019, which outlines the acceptable English language test providers, required scores, and timeframes for testing.

The Tribunal reasoned that the applicant had provided evidence of English language proficiency through their PTE Academic test results, which met the minimum score of 42 and was taken within the specified timeframe. As the applicant met clause 500.213(1), the Tribunal found it appropriate to remit the application to the Minister for consideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to have met the English language criteria for the Subclass 500 (Student) visa.