Yilmaz (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant, Yilmaz. The dispute arose because the applicant initially failed to provide evidence of English language ability to the Department. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the English language proficiency requirements for the subclass 500 visa, specifically criterion cl.500.213 of Schedule 2 to the Regulations. This involved determining if the evidence of English language ability, which was provided after the initial decision by the Department, was sufficient to satisfy the criterion.

The Tribunal considered the evidence of an IELTS result of 5.0 and a package of courses at Della International College, including 10 weeks of ELICOS, submitted by the applicant. Being satisfied that this evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the visa.