Sajeduzzaman (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr Sajeduzzaman. The dispute before the Tribunal was whether the applicant met the English language proficiency requirements stipulated by clause 500.213 of Schedule 2 to the Regulations. The Tribunal, constituted by Gabrielle Cullen, was required to determine if the applicant had provided sufficient evidence of their English language proficiency in accordance with the relevant legislative instrument.

The Tribunal was tasked with assessing the applicant's compliance with clause 500.213, which 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, outlines the specific requirements for English language tests and the classes of applicants to whom the requirement does not apply. The Tribunal considered whether the applicant met the specified IELTS score and whether the test was taken within the prescribed timeframe.

In its reasoning, the Tribunal found that the applicant was not within a class of applicants exempted by IMMI 18/015, and therefore clause 500.213(1) applied. The Tribunal noted that IMMI 18/015 specifies an IELTS score of 5.5 as sufficient, provided the test was taken within two years of the decision. The applicant had achieved an IELTS score of 7.0 in a test dated 20 August 2020, which satisfied the Tribunal that the applicant met the English language proficiency requirement. Consequently, the Tribunal was satisfied that the applicant met clause 500.213.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria under clause 500.213 of Schedule 2 to the Regulations, allowing the Minister to proceed with assessing the remaining criteria for the Subclass 500 (Student) visa.