Tariq (Migration)

The Administrative Appeals Tribunal considered an application by Tariq concerning a Subclass 500 (Student) visa. The dispute centred on whether the applicant had demonstrated the appropriate level of English language proficiency required for the visa.

The primary legal issue before the Tribunal was to determine if the applicant met the English language proficiency requirements as stipulated by the Minister in the Legislative Instrument IMMI 18/015: English language tests and evidence exemptions for subclass 500 (Student Visa) Instrument 2018.

The Tribunal found that the applicant had subsequently provided evidence satisfying this criterion. In light of this new evidence, the Tribunal concluded that the applicant met the requirements of clause 500.213 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified English language proficiency criteria.