Prajapati (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (the Tribunal) received evidence of the applicant's PTE English test results, which indicated a score of 43.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for the Subclass 500 visa, specifically in light of the newly submitted PTE test results. The Tribunal was required to consider the provisions of clause 500.213 of Schedule 2 to the Regulations, which outlines the specified English language tests, required scores, and the validity period for such tests.

The Tribunal, having considered the PTE English test results submitted on 18 September 2024, was satisfied that the applicant met the relevant criterion. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. The direction given was that the applicant meets the English language criteria for the Subclass 500 visa.