Somrod (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Somrod, sought review of a decision concerning their eligibility for this visa, specifically in relation to the genuine temporary entrant requirement and English language ability.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, particularly cl.500.213 of Schedule 2 to the Regulations, which pertains to the genuine temporary entrant requirement. This involved assessing the applicant's English language ability as evidenced by an IELTS test report form and its associated test score.

The Tribunal was satisfied that the criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for a Subclass 500 visa.