MOHSIN IQBAL (Migration)

This matter concerned an appeal by Mohsin Iqbal against a decision to refuse him a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The appeal was heard by the Tribunal, with Member Amanda Pearson presiding. The central dispute revolved around whether the applicant had satisfied the English language proficiency requirements stipulated by the *Migration Regulations 1994* (Cth) for the visa subclass.

The Tribunal was required to determine if the applicant met the English language requirements as set out in clause 500.213 of Schedule 2 to the Regulations. This clause mandates that an applicant must provide evidence of a specified level of English language proficiency, unless they fall within a class of applicants exempted by an instrument. The applicant had submitted multiple Pearson PTE Academic Score Reports, with varying overall scores of 19, 22, and ultimately 30, with the latter obtained on 26 August 2022.

The Tribunal's reasoning focused on the evidence presented by the applicant. While the Pearson PTE Academic test is an approved English language test, the Tribunal was not satisfied that the applicant met the requirements of clause 500.213, despite the submission of a score of 30. The Tribunal noted that this particular test was not packaged with an ELICOS course. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.