Su (Migration)

This matter concerned an appeal by Su against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding a Student (Temporary) (Class TU) visa. The Administrative Appeals Tribunal was tasked with reviewing the Minister's decision.

The central legal issue before the Tribunal was to determine which English language proficiency requirements applied to the applicant's visa application, given changes to the relevant legislative instrument. The applicant's eligibility for the visa hinged on meeting these requirements.

The Tribunal found that there was an ambiguity regarding the applicable English language proficiency requirements due to legislative changes. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be assessed as meeting the criteria for a Subclass 500 visa, specifically referencing cl.500.213 of Schedule 2 to the Regulations.