1601581 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training visa. The applicant, holding an Indian passport, sought to study in the VET sector. The central dispute revolved around whether the applicant had provided sufficient evidence in accordance with Schedule 5A of the Migration Regulations 1994 for the highest assessment level applicable to their situation, as required by clause 572.223(2)(a) of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant had met the evidentiary requirements stipulated in Schedule 5A for the highest assessment level, which for an Indian passport holder seeking a Subclass 572 visa, was assessment level 3. These requirements encompass English language proficiency and financial capacity. The Tribunal also considered the definition of "assessment level" and "highest assessment level" as provided in regulation 1.03.

The Tribunal found that the applicant had provided an IELTS test report demonstrating an overall band score of 6.5, obtained less than two years prior to the visa application date, satisfying the English language proficiency requirement under Schedule 5A. Furthermore, the applicant had presented evidence of their parents' fixed deposits in Indian Rupees, totalling 1.4 million INR, which had been maintained for the requisite three-month period preceding the application. The Tribunal was satisfied that these funds were sufficient and that the parents named in the financial documents were indeed the applicant's parents, as corroborated by the applicant's passport.

Consequently, the Tribunal remitted the visa application for reconsideration. The direction was that the applicant had met the criteria under clause 572.223(2)(a) of Schedule 2 to the Regulations, specifically concerning the provision of evidence for the highest assessment level. The Minister was to consider the remaining criteria for the visa.