Pun Magar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, brought by the applicant, Pun Magar. The dispute centred on whether the applicant met the English language proficiency requirements for the visa. The decision was made by Gabrielle Cullen, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied clause 500.213 of Schedule 2 to the Regulations, which pertains to English language proficiency. This required consideration of the applicant's evidence of an English language test score against the requirements specified in IMMI 18/015, the relevant legislative instrument. The Tribunal also needed to ascertain whether the applicant fell within any of the specified classes of applicants to whom the general English language requirement did not apply.

The Tribunal found that the applicant was not within a class of applicants exempted from the English language requirement under IMMI 18/015. However, the instrument specified that a Pearson Test of English (PTE) score of 42 was sufficient to meet the requirements of clause 500.213(1), provided the test was taken within two years of the decision. The applicant had provided evidence of a PTE test taken on 6 November 2023, achieving an overall score of 60. The Tribunal concluded that this score met the specified English language proficiency requirement.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 500.213 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.