1516825 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 573 Higher Education Sector visa. The applicant was enrolled in a Bachelor of Business (Accounting) as their principal course. The central issue before the Tribunal was whether the applicant met the requirements of clause 573.223 of the Migration Regulations 1994, which pertains to being a 'genuine applicant for entry and stay as a student'. This requirement differs based on whether the applicant is an 'eligible higher degree student' with a confirmation of enrolment.

The Tribunal was required to determine if the applicant qualified as an 'eligible higher degree student' and, if not, whether they satisfied the evidentiary requirements outlined in Schedule 5A of the Regulations for the highest assessment level applicable to their course of study. These Schedule 5A requirements broadly relate to English language proficiency, financial capacity, and other prescribed matters. The Tribunal also needed to be satisfied that the applicant genuinely intended to comply with visa conditions and would have access to the funds relied upon to meet financial capacity requirements.

The Tribunal found that the applicant was not an 'eligible higher degree student' for the purposes of clause 573.223(1A). Consequently, the applicant was required to meet the criteria under clause 573.223(2), which mandates providing evidence in accordance with Schedule 5A for the highest assessment level. The Tribunal concluded that the applicant met the criteria under clause 573.223(2)(a) of Schedule 2 to the Regulations.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criteria specified in clause 573.223(2)(a) of Schedule 2 to the Regulations.