1507779 (Migration)

This matter concerned an application for a Subclass 572 Student visa, heard by Adrian Ho. The applicant sought to study in the Vocational Education and Training (VET) sector. The central dispute revolved around whether the applicant had provided sufficient evidence to satisfy the requirements of clause 572.223 of the Migration Regulations 1994, specifically concerning their assessment level and the associated evidentiary obligations.

The court was required to determine two primary legal issues. Firstly, whether the applicant qualified as an "eligible vocational education and training student" as defined in clause 572.111, which would have exempted them from certain evidentiary requirements under subclause 572.223(1A). Secondly, if subclause 572.223(1A) did not apply, whether the applicant had provided the evidence mandated by Schedule 5A of the Regulations for the highest assessment level applicable to them.

The court reasoned that the applicant, holding a passport from India and proposing to study in the VET sector, was subject to assessment level 3, the highest applicable level. The applicant had not provided evidence demonstrating they were an "eligible VET student" with a Confirmation of Enrolment (COE) in each course, meaning subclause 572.223(1A) did not apply. Consequently, the applicant was required to satisfy the evidentiary requirements of Schedule 5A for assessment level 3. As the applicant had not provided this requisite evidence, the Tribunal found that the criteria for the grant of the visa were not met. The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.