Shrestha (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning their Student (Temporary) (Class TU) visa, Subclass 500. The core of the dispute revolved around the applicant's ability to meet the English language requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the English language proficiency criteria as stipulated by the *Migration Regulations 1994* (Cth) for a Subclass 500 visa. This involved assessing the evidence of the applicant's English language skills, particularly in light of their enrolment in an English course and an IELTS test result provided during the review process.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the English language criteria under cl 500.213 of Schedule 2 to the Regulations.