Singh Maan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal by Mr. Singh Maan. The central dispute revolved around whether the applicant had met the English language proficiency requirements stipulated by the relevant regulations for this visa subclass.

The Tribunal was required to determine if the applicant satisfied criterion cl.500.213 of Schedule 2 to the Regulations, which mandates evidence of a specified level of English language proficiency unless the applicant falls within a class exempted by an instrument. In this instance, the applicant had been required to provide such evidence and had submitted an IELTS Report Form dated 8 September 2018, indicating an overall band score of 5.5.

The Tribunal reasoned that the applicant had provided sufficient evidence to meet the English language proficiency requirement under cl.500.213, as evidenced by the IELTS score. Having satisfied this criterion, the Tribunal concluded that the appropriate course of action was to remit the application for the visa to the Minister for consideration of the remaining criteria for a Subclass 500 (Student) visa. The Tribunal directed that the applicant meets the English language proficiency criterion.