Nguyen (Migration)

The Administrative Appeals Tribunal considered an application concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision relating to their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of English language proficiency to satisfy the requirements of the *Migration Regulations 1994* (Cth). Specifically, the Tribunal needed to determine if the applicant met the criteria set out in clauses 500.213 and 500.311 of Schedule 2 to the Regulations.

The Tribunal found that it was unable to definitively assess the applicant's English language proficiency based on the material before it. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. In reaching this decision, the Tribunal noted that a hearing was not necessary as it was able to find in favour of the applicant on the basis of the existing material, pursuant to s 360(2) of the *Migration Act 1958* (Cth). The Tribunal directed that upon reconsideration, the applicants must meet the specified clauses of Schedule 2.