NG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), which was reviewed by the Tribunal. The applicant sought to have the decision not to grant the visa affirmed.

The primary legal issue before the Tribunal was whether the applicant satisfied the English language proficiency requirement as stipulated by clause 500.213 of Schedule 2 to the Regulations. This clause requires an applicant, if so directed by the Minister, to provide evidence of their English language proficiency in accordance with a specified instrument, IMMI 16/019.

The Tribunal found that the applicant had been required to provide evidence of English language proficiency under IMMI 16/019, but failed to do so before the Department or the Tribunal. As no such evidence was presented, the Tribunal was not satisfied that the applicant met the criteria under clause 500.213. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.