Sekhon (Migration)

The Administrative Appeals Tribunal considered the application of Mr Sekhon and a secondary applicant for a Subclass 500 (Student) visa. The primary dispute concerned whether the applicants met the English language proficiency requirements for the visa.

The Tribunal was required to determine if the applicants had satisfied the English language proficiency criteria as set out in the *Migration Regulations 1994* (Cth), specifically clause 500.213 of Schedule 2, which relates to English language ability.

The Tribunal found that the secondary applicant was a member of the family unit of a person who satisfied the primary criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named applicant met the relevant criteria for the visa.