Zainal Abidin (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant's initial evidence of English proficiency was not in the standard form. The Department requested an official report, which the applicant failed to provide, leading to the refusal of the visa application. Subsequently, the applicant provided a copy of his IELTS test results from 10 February 2023, indicating an overall band score of 5.5. The Administrative Appeals Tribunal was required to determine whether the applicant met the English language requirements for the visa.

The Tribunal considered clause 500.213 of Schedule 2 to the Migration Regulations 1994 and the relevant instrument, IMMI 18/015. This instrument specifies that an IELTS score of 5.5 or above meets the English language requirements, provided the test was taken within two years immediately before the decision. The Tribunal verified the applicant's IELTS results and found that the test date of 10 February 2023 fell within the permissible timeframe.

Based on the evidence and the relevant legislative provisions, the Tribunal was satisfied that the applicant met the English language proficiency requirements as stipulated by clause 500.213. Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had satisfied this particular criterion.