PRATAMA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language proficiency requirements stipulated by the Migration Regulations. The applicant, an Indonesian citizen, intended to undertake a series of business courses at the Victory Institute.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.213 of Schedule 2 to the Migration Regulations, which mandates evidence of English language proficiency unless the applicant falls within a specified exempt class. The Tribunal was required to determine if the applicant's submitted Pearson Test of English Academic (PTE) score met the benchmark set out in the relevant ministerial instrument, IMMI 16/019.

The Tribunal reasoned that the applicant was required to provide evidence of English language proficiency as he did not meet any of the exemptions outlined in IMMI 16/019. These exemptions included being a citizen of certain English-speaking countries, being enrolled in a course delivered in a language other than English, or having completed a significant period of study in English in specific countries. The applicant's PTE score of 25 was found to be below the required benchmark of 42 for his proposed course of study. The applicant himself conceded that he had not yet met the minimum test score.

Consequently, the Tribunal concluded that the applicant had failed to satisfy the English language proficiency criteria for the Subclass 500 (Student) visa. Accordingly, the decision under review, which affirmed the refusal of the visa, was affirmed by the Tribunal.