Sharma (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant had met the English language proficiency requirements as stipulated by the relevant regulations and associated instruments. The primary issue was the duration of an English language course undertaken by the applicant.

The Tribunal was required to determine if the applicant had satisfied clause 500.213 of Schedule 2 to the Regulations, which mandates a specified level of English language proficiency. Specifically, the delegate had refused the visa on the grounds that the applicant's IELTS score was insufficient and that a Certificate III in Spoken and Written English course, which appeared to be 10 weeks long, was in fact only 7 weeks due to a college holiday closure. The applicant contended that she had completed the course over 10 weeks, including attending "catch-up" classes to compensate for the holiday period.

The Tribunal reasoned that the applicant had provided sufficient evidence to demonstrate she had completed the Certificate III course for at least 10 weeks. It accepted the college's explanation regarding its closure and the provision of catch-up classes, finding that these classes were a reasonable substitute for the days the college was closed. Consequently, the Tribunal concluded that the applicant met the English language proficiency requirement under clause 500.213(1).

The Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant had met the English language proficiency criteria.