George (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 573 Higher Education Sector visa. The applicant sought to study a Bachelor of Business Information Systems by coursework. The central issue before the Tribunal was whether the applicant qualified as a 'genuine applicant for entry and stay as a student' under the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the evidentiary requirements for the visa, particularly in relation to English language proficiency and financial capacity, as prescribed by Schedule 5A of the Regulations. This involved assessing whether the applicant was an 'eligible higher degree student' and, if not, whether they had provided evidence in accordance with the highest assessment level applicable to their situation. The Tribunal also had to consider whether the applicant genuinely intended to stay in Australia temporarily and would have access to sufficient funds during their proposed stay.

The Tribunal found that the applicant was not an eligible higher degree student for the purposes of clause 573.223(1A) of the Migration Regulations 1994. Consequently, the requirements of clause 573.223(2) applied. The Tribunal concluded that the applicant had provided evidence in accordance with the requirements of Schedule 5A for Subclass 573 and Assessment Level 3, which was the highest assessment level for the applicant. Therefore, the applicant satisfied the evidentiary requirements of clause 573.223(2)(a).

The Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 573.223(2)(a) of Schedule 2 to the Regulations.