Rakal (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had demonstrated the requisite English language proficiency to satisfy the visa criteria.

The Administrative Appeals Tribunal was required to determine if the applicant met the English language proficiency requirements stipulated by clause 500.213 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must provide evidence of English language proficiency, as specified in an instrument, unless they fall within a class of applicants exempted by that instrument. The relevant instrument, IMMI 18/015, indicated that a Pearson Test of English (PTE) Academic score of 42 or above, taken within two years of the decision, would satisfy this requirement.

The Tribunal considered the PTE Academic certificate provided by the applicant, which showed an overall score of 44 from a test taken on 20 October 2019. As the applicant was not within an exempted class and had achieved a score exceeding the minimum threshold within the specified timeframe, the Tribunal found that the applicant satisfied clause 500.213. The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the English language proficiency criteria under clause 500.213 of Schedule 2 to the Regulations.