1503644 (Migration)

This matter concerned an application for a Subclass 572 Vocational Education and Training visa, where the applicant was enrolled in an Advanced Diploma of Marketing. The central dispute before the Tribunal was whether the applicant qualified as a ‘genuine applicant for entry and stay as a student’ under the Migration Regulations 1994. This requirement is a prerequisite for all student visas, with specific provisions for Subclass 572 visas outlined in clause 572.223.

The Tribunal was required to determine if the applicant met the evidentiary requirements of clause 572.223 of the Migration Regulations 1994. Specifically, the court had to consider whether the applicant was an ‘eligible vocational education and training student’ with a confirmation of enrolment, which would engage subclause (1A) of clause 572.223. If subclause (1A) did not apply, the Tribunal needed to assess whether the applicant had provided evidence in accordance with Schedule 5A for the highest assessment level applicable to them, and whether the Minister was satisfied of the applicant's genuine intention to comply with visa conditions and have access to sufficient funds.

The Tribunal reasoned that the applicant was not an eligible VET student with a corresponding confirmation of enrolment, meaning subclause (1A) of clause 572.223 did not apply. Consequently, the applicant was required to satisfy the requirements of subclause (2) of clause 572.223, which mandates providing evidence according to Schedule 5A for the highest assessment level, demonstrating a genuine intention to comply with visa conditions, and showing access to sufficient funds. The Tribunal concluded that the applicant met the criteria under subclause (2)(a) of clause 572.223.

The Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria specified in clause 572.223(2)(a) of Schedule 2 to the Regulations.