Sakornjarernkit (Migration)

This matter concerned an application for review by an applicant seeking a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to provide evidence of English language proficiency to the Department and subsequently to the Administrative Appeals Tribunal. The Tribunal proceeded to make its decision without further action to enable the applicant to appear, given the lack of evidence and the applicant's non-appearance at the hearing.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements as stipulated by clause 500.213 of the Migration Regulations 1994. This clause requires an applicant, if requested by the Minister, to provide evidence of their English language proficiency in accordance with an instrument specified by the Minister. The Tribunal was also required to consider the provisions of IMMI 18/015, which outlines the specific requirements for such evidence and the classes of applicants to whom these requirements do not apply.

The Tribunal reasoned that to satisfy clause 500.213(1), the applicant needed to provide evidence of meeting the specified English language test requirements. As the applicant had not provided adequate evidence to the Department, and crucially, no further evidence was presented to the Tribunal, the Tribunal was not satisfied that the applicant met this criterion. The Tribunal noted that the applicant did not fall into any of the exempt categories outlined in IMMI 18/015.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.