Senel (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to English language ability.

The primary legal issue before the Tribunal was whether the applicant met the English language requirements for the Subclass 500 visa, as stipulated by clause 500.213 of Schedule 2 to the Regulations. This question arose because evidence of the applicant's test score had not been provided to the Department of Home Affairs during the initial application process, but was subsequently presented to the Tribunal.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal found that the applicant met the relevant criteria for the visa.

Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant meets the English language ability criteria for a Subclass 500 visa.