Yan (Migration)

The Administrative Appeals Tribunal considered the application of Yan for a Student (Temporary) (Class TU) visa. The central dispute concerned whether the applicant satisfied the English language proficiency requirements stipulated by clause 500.213 of Schedule 2 to the Migration Regulations 1994. The Tribunal, constituted by Member Jennifer Cripps Watts, was tasked with determining if the applicant had provided sufficient evidence of English language proficiency.

The legal issue before the Tribunal was whether the applicant met the English language requirements under cl.500.213 of the Regulations. This clause mandates that an applicant must provide evidence of English language proficiency in accordance with a specified instrument, unless they fall within a class of applicants exempted from this requirement. The Tribunal had to ascertain if the applicant was exempt or, if not, whether the evidence provided met the prescribed standards.

The Tribunal found that the applicant was not within a specified exempt class under cl.500.213(2). Consequently, the applicant was required to satisfy cl.500.213(1). The applicant had submitted a Pearson PTE Academic Test Taker Score Report dated 7 November 2019, showing an overall score of 60, which exceeded the minimum requirement of 42 specified in IMMI 18/015. Based on this evidence, the Tribunal concluded that the applicant met the English language criteria.

Accordingly, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant had satisfied the English language criteria under cl.500.213 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.