COLOMBO PATABADIGE (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training, made by the applicant. The Tribunal, constituted by Tim Connellan, was required to determine whether the applicant met the prescribed requirements for the visa, specifically concerning their status as a "genuine applicant for entry and stay as a student."

The central legal issue was whether the applicant satisfied clause 572.223 of the Migration Regulations 1994. This clause requires the Minister to be satisfied that the applicant is a genuine applicant for entry and stay as a student, and that they meet either the requirements of subclause (1A) or (2). Subclause (1A) applies to eligible vocational education and training students with a confirmation of enrolment, while subclause (2) applies when subclause (1A) does not apply, requiring evidence in accordance with Schedule 5A for the highest assessment level.

The Tribunal found that the applicant was not an "eligible VET student" with a confirmation of enrolment, meaning subclause (1A) did not apply. Consequently, the applicant was required to satisfy the requirements of subclause (2), which involved providing evidence in accordance with Schedule 5A for the highest assessment level, demonstrating genuine student intentions, and showing access to sufficient funds. The Tribunal concluded that the applicant met the criteria under clause 572.223(2)(a) of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met this specific criterion.