THAICHAROEN (Migration)

The applicant sought review of a decision concerning their application for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language ability requirement for the visa. The matter came before a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language ability criterion, specifically as it related to evidence of tertiary courses completed. This criterion was stipulated by clause 2(d)(ii) of IMMI 16/019 and clause 500.213 of Schedule 2 to the Regulations.

The Tribunal considered new evidence provided by the applicant, which included proof of completion of two separate courses at Certificate IV and Diploma level. Based on this new evidence, the Tribunal was satisfied that the English language ability 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.