1504651 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 573 Higher Education Sector visa. The applicant sought to enrol in a Master of Arts (Ministry) course. The central dispute before the Tribunal was whether the applicant qualified as a 'genuine applicant for entry and stay as a student', a requirement for all student visas with the exception of student guardian visas.

The Tribunal was required to determine whether the applicant met the criteria set out in cl.573.223 of the Migration Regulations 1994. This involved assessing whether the applicant was an 'eligible higher degree student' with a confirmation of enrolment, which would engage subclause (1A) of cl.573.223. If not, the Tribunal had to consider whether the applicant satisfied the requirements of subclause (2), which necessitates providing evidence in accordance with Schedule 5A for the highest assessment level applicable to the applicant, and demonstrating genuine intent to comply with visa conditions and sufficient financial capacity.

The Tribunal reasoned that the applicant was not an eligible higher degree student at the time of application, meaning subclause (1A) did not apply. Consequently, the applicant was required to meet the evidentiary requirements of subclause (2). The Tribunal found that the applicant met the criteria under cl.573.223(2)(a) of Schedule 2 to the Regulations.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in cl.573.223(2)(a).