Shrestha (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal considered the material before it and determined that a hearing was not necessary.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements as stipulated by clause 500.213 of Schedule 2 to the Regulations, as specified by the instrument IMMI 18/015. This clause requires applicants to provide evidence of English language proficiency unless they fall within a specified class of applicants to whom the requirement does not apply.

The Tribunal reasoned that the applicant was not within a class of applicants exempted from the English language requirement. It then examined IMMI 18/015, which specified that a Pearson Test of English Academic (PTE) score of 42 was sufficient, provided the test was taken within two years of the decision. The applicant had achieved an overall score of 68 in a PTE test taken on 7 December 2021. The Tribunal found that this satisfied the English language proficiency requirement under clause 500.213.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 500.213 of Schedule 2 to the Regulations.