Shrestha (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Mr Shrestha concerning the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The refusal was based on the applicant's alleged failure to meet the English language proficiency requirements as stipulated by IMMI 18/015, specifically in relation to his Pearson Test of English Academic (PTE) results and his enrolment status.

The primary legal issue before the Tribunal was whether Mr Shrestha had satisfied the English language proficiency requirement for the visa application. This involved determining the validity and relevance of his PTE test results in light of his enrolment status at the time of the test and the requirements of the relevant legislative instrument.

The Tribunal reasoned that the Department of Home Affairs had erred in its assessment of Mr Shrestha's English language proficiency. It found that the PTE test results were valid and met the required standard, and that the applicant's enrolment status at the time of the test did not invalidate those results for the purpose of the visa application. Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the delegate for reconsideration according to law.