Mbataku (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of a decision. The dispute centred on whether the applicant satisfied the English language proficiency requirements as stipulated by clause 500.213 of Schedule 2 to the Regulations. The decision was made by Jennifer Cripps Watts, a Member of the Tribunal.

The Tribunal was required to determine if the applicant met the English language requirements under clause 500.213(1) of the Regulations, given that the applicant did not fall within any of the specified classes of applicants exempted by clause 500.213(2). This involved assessing the validity and sufficiency of the English language test results provided by the applicant.

The Tribunal reasoned that the applicant had provided a Pearson PTE Academic – Test Taker Score Report demonstrating an overall score of 54, with individual scores meeting the minimum requirements, and that the test was undertaken within the two-year validity period prior to the decision. Applying the criteria outlined in IMMI 18/015, the Tribunal was satisfied that the applicant had met the English language proficiency requirement. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied clause 500.213 of Schedule 2 to the Regulations.