1603567 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 572, made by an applicant holding a Nigerian passport. The applicant's principal course of study was subject to assessment level 3, the highest level for that passport. The dispute before the Tribunal centred on whether the applicant met the English proficiency and financial capacity requirements for the visa.

The Tribunal was required to determine if the applicant had provided sufficient evidence to satisfy the English language proficiency requirements under clause 5A407 of Schedule 5A and the financial capacity requirements under clause 5A408 of Schedule 5A, as applicable to assessment level 3 for a subclass 572 visa. The Tribunal also needed to consider the applicant's genuine intention to stay in Australia temporarily, as required by clause 572.223(1)(a) of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the applicant met the English proficiency requirements, having provided an IELTS test report from 18 December 2014 showing an overall band score of 6, which satisfied clause 5A407(a) as she was not undertaking an ELICOS course and the test was taken less than two years before the application date. Regarding financial capacity, the Tribunal recalculated the required funds, taking into account reduced living costs due to elapsed time and the payment of outstanding tuition fees. The Tribunal determined that the applicant had access to approximately $8,744, which covered outstanding tuition fees, living costs for herself and her infant son, and return travel costs. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl.572.223(2)(a) of Schedule 2 to the Regulations.