Sharma (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa (Subclass 500) made by an applicant, identified as Sharma. The dispute concerned whether the applicant met the English language ability requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the English language proficiency criterion for the Subclass 500 visa. This involved assessing the evidence provided by the applicant regarding their English language skills.

The Tribunal's reasoning was based on new evidence submitted by the applicant, specifically an IELTS test report showing an overall score of 5.5. Being satisfied that this new evidence demonstrated the applicant met the English language criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.213 of Schedule 2 to the Regulations.