Purja (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant, Mr. Purja, sought review of a decision regarding his English language proficiency. The core dispute revolved around whether Mr. Purja had satisfied the English language requirements stipulated by the *Migration Regulations 1994* (Cth) and the relevant ministerial instrument, IMMI 18/015. The Administrative Appeals Tribunal (the Tribunal) considered the evidence presented by the applicant, including a Pearson Test of Academic English.

The Tribunal was required to determine if Mr. Purja met the criteria for English language proficiency under clause 500.213 of Schedule 2 to the Regulations. This involved assessing whether he was required to provide evidence of his proficiency and, if so, whether the evidence provided met the minimum score requirements specified in IMMI 18/015. The Tribunal also had to consider whether Mr. Purja fell within any of the specified classes of applicants exempted from the English language testing requirement as outlined in IMMI 18/015.

The Tribunal found that Mr. Purja did not satisfy any of the specified exemptions under IMMI 18/015, meaning clause 500.213(1) applied and he was required to provide evidence of English language proficiency. While an initial test result was provided, the Tribunal noted a subsequent test result of an overall score of 48 on the Pearson Test of Academic English, obtained on 6 October 2023. Schedule 1 of IMMI 18/015 indicated a minimum score of 42 for this test. Given these findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the English language criteria under clause 500.213 of Schedule 2 to the Regulations.