1514902 (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 572 visa. The applicant proposed to study in the vocational education and training sector. The central issue before the Tribunal was whether the applicant was a "genuine applicant for entry and stay as a student" as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the requirements of clause 572.223 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant qualified as an "eligible vocational education and training student" with a confirmation of enrolment, which would engage subclause (1A) of clause 572.223. If not, the Tribunal had to assess whether the applicant had provided evidence in accordance with Schedule 5A for the highest assessment level applicable to them, as required by subclause (2) of clause 572.223.

The Tribunal found that the applicant was not an eligible VET student because their proposed education provider was not a specified eligible education provider. Consequently, subclause (1A) of clause 572.223 did not apply. The Tribunal then considered subclause (2), which requires evidence in accordance with Schedule 5A for the highest assessment level. The Tribunal concluded that the applicant had not met the applicable evidentiary requirements under Schedule 5A, nor had the Minister been satisfied that the applicant was a genuine applicant for entry and stay as a student, or that they would have access to sufficient funds.

The Tribunal affirmed the decision not to grant the applicant a Subclass 572 visa, as the criteria for the visa were not met. As there was no evidence that the applicant was eligible for another subclass of student visa, the decision under review was affirmed.