Question
A client lodged a subclass 500 student visa in December 2023 when an English test was not required by law. The 500 visa was refused on GS/GTE grounds and appealed to the Administrative Review Tribunal (ART). Does the client need to provide proof of an English test to the ART even if it was not required when the visa application was lodged with the Department of Home Affairs?
Answer
The legislative instrument that contains the English language score requirements specifies which applications it applies to, usually by reference to the date of lodgement. The old rules continue to apply to applications lodged before the English test requirement came into effect. Therefore, if the visa application was lodged before the new requirement started, the applicant generally does not need to provide an English test for the ART review. However, it is important to verify the specific transitional provisions in the legislation to be certain.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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