Udham Singh (Migration)

The applicant, Udham Singh, sought review of a decision concerning his application for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the English language ability criterion for the visa. The matter came before the Tribunal, presided over by Senior Member P. Wood.

The primary legal issue before the Tribunal was whether the applicant had satisfied the English language ability requirement as stipulated by cl.500.213 of Schedule 2 to the Regulations. This assessment was complicated by the fact that the applicant had not initially provided sufficient evidence to satisfy this criterion.

The Tribunal's reasoning was informed by new evidence submitted by the applicant during the review process. This evidence demonstrated the substantial completion of a Diploma of International Business. In light of this new information, 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 made the order that the application be remitted for reconsideration, with the direction that the applicant meets the English language ability criteria for a Subclass 500 visa.