Patel (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Patel concerning a Subclass 500 (Student) visa. The dispute centred on whether Mr Patel met the English language requirement for the visa.

The primary legal issue before the Tribunal was to determine if Mr Patel satisfied the English language proficiency criteria as stipulated in cl 500.213 of Schedule 2 to the Regulations.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the material before it, without the need for a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Patel met the relevant visa criteria.