1600653 (Migration)

This matter concerned an application for a Subclass 572 Vocational Education and Training visa. The applicant was enrolled in a Diploma of Instrumentation and Control Engineering. The central dispute was whether the applicant satisfied the requirement of being a ‘genuine applicant for entry and stay as a student’, as stipulated by clause 572.223 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the evidentiary requirements of clause 572.223, considering whether the applicant qualified as an ‘eligible vocational education and training student’ with a confirmation of enrolment. If not, the Tribunal had to assess whether the applicant provided evidence in accordance with Schedule 5A of the Regulations for the highest assessment level applicable to them, which pertains to English language ability and financial capacity. The Tribunal also had to be satisfied that the applicant genuinely intended to comply with visa conditions and had access to sufficient funds.

The Tribunal reasoned that the applicant was not an eligible VET student with a confirmation of enrolment, meaning clause 572.223(1A) did not apply. Consequently, the applicant was required to meet the criteria under clause 572.223(2), which necessitates providing evidence according to Schedule 5A for the highest assessment level. The Tribunal found that the applicant met the criteria under clause 572.223(2) of Schedule 2 to the Regulations.

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