MOHAMMED (Migration)

The applicant sought review of a decision concerning their eligibility for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language proficiency requirements for the visa. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language proficiency criterion, specifically cl.500.213 of Schedule 2 to the Regulations. This required the Tribunal to assess the evidence presented by the applicant regarding their English language skills.

The Tribunal considered a PTE Academic Score Report dated 11 November 2017, which showed an overall score of 42. Although this report was provided after the delegate's decision, the Tribunal was satisfied that, in light of this evidence, the English language proficiency criterion was met. Consequently, the Tribunal remitted the application for reconsideration. The Tribunal directed that the applicant be considered to meet the relevant criterion for the Subclass 500 visa.