Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Nguyen concerning an application for a Student (Temporary) (Class TU) visa, Subclass 500. The primary dispute revolved around whether the applicant had demonstrated satisfactory English language ability, a key criterion for the visa.

The Tribunal was required to determine if the applicant met the English language ability requirement for the Subclass 500 visa, particularly in light of new evidence submitted after the initial decision. This involved assessing the validity and sufficiency of the English language test results provided.

The Tribunal's reasoning focused on the Pearson English language ability test results received on 5 October 2018, which showed an overall score of 44. Being satisfied that this new evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration, directing that the first applicant met the criteria under cl.500.213 of Schedule 2 to the Regulations, and the second applicant met the criteria under cl.500.311 of Schedule 2 to the Regulations.