MUSTAFAI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by a citizen of Pakistan. The applicant’s registered migration agent assisted in the review. The primary issue before the Tribunal was whether the applicant met the English language proficiency requirements stipulated by clause 500.213 of Schedule 2 to the Regulations, as specified by IMMI 16/019.

The Tribunal was required to determine if the applicant satisfied the English language proficiency criteria under clause 500.213 of the Regulations. This involved assessing whether the applicant fell within any of the specified classes of applicants to whom the requirement did not apply, as outlined in IMMI 16/019, or if they had provided sufficient evidence of their English language proficiency in accordance with the instrument.

The Tribunal found that the applicant did not belong to any of the specified classes exempt from the English language proficiency requirement. Consequently, clause 500.213(1) applied. The applicant had provided Pearson Test of English (PTE) Academic results from 9 January 2018, achieving an overall score of 52. As the minimum required score for PTE Academic was 42, and the test was taken within the specified timeframe of two years prior to the decision, the Tribunal was satisfied that the applicant met the English language proficiency criteria.

Accordingly, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 500.213 of Schedule 2 to the Regulations.