Son (Migration)

The applicant sought review of a decision concerning a Subclass 500 (Student) visa. The Administrative Appeals Tribunal, constituted by Senior Member P. Wood, considered whether the applicant met the English language ability requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.213 of Schedule 2 to the *Migration Regulations 1994* (Cth), which pertains to English language ability.

The Tribunal found that the applicant had provided evidence demonstrating that the method of instruction in her current course was in the English language. Based on this evidence, the Tribunal was satisfied that the criterion in cl.500.213 was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.