Stakic (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Stakic concerning a Student (Temporary) (Class TU) visa, Subclass 500. The central dispute revolved around Mr Stakic's English language proficiency, which was assessed through his Pearson Test of English Academic result.

The Tribunal was required to determine whether Mr Stakic met the English language proficiency requirements for the Subclass 500 visa. This involved assessing the validity and sufficiency of the evidence provided regarding his English language skills.

The Tribunal found that it was able to determine the matter in favour of the applicant without holding a hearing, pursuant to section 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 criteria specified in clause 500.213 of Schedule 2 to the Migration Regulations 1994 (Cth).