Natesawang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Natesawang. The applicant had provided evidence of enrolment in a registered English Language Intensive Courses for Overseas Students (ELICOS) course to the Administrative Appeals Tribunal, but not to the Department of Home Affairs. The Tribunal was required to determine whether the applicant met the English language ability requirements for the visa.

The Tribunal considered whether the provision of a certificate of enrolment in a registered ELICOS course, submitted after the Department's decision, satisfied the relevant visa criterion. This criterion, specified as cl.500.213 of Schedule 2 to the Regulations, relates to demonstrating English language proficiency.

The Tribunal was satisfied that the new evidence, namely the certificate of enrolment in a registered ELICOS course, demonstrated that the applicant was enrolled in a principal course of study that qualified as a registered ELICOS course under regulation 1.03 of the Regulations. In light of this, the Tribunal concluded that the criterion was met.

Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant meets the specified criteria for a Subclass 500 visa.