WORGU (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 573 Higher Education Sector visa. The applicant was enrolled in a Bachelor of Business at Stott’s Colleges. The central dispute revolved around whether the applicant met the requirements of clause 573.223 of the Migration Regulations 1994, which pertains to being a "genuine applicant for entry and stay as a student." The decision was made by Member Mary-Ann Cooper of the Tribunal.

The legal issues before the Tribunal were whether the applicant was a genuine applicant for entry and stay as a student, and if so, whether they met the evidentiary requirements stipulated by clause 573.223 and Schedule 5A of the Regulations. Specifically, the Tribunal had to determine if the applicant qualified as an "eligible higher degree student" and, if not, whether they had provided sufficient evidence regarding English language proficiency, financial capacity, and other prescribed matters according to their highest assessment level. The Tribunal also considered the Minister's satisfaction regarding the applicant's genuine intention to comply with visa conditions and their access to sufficient funds.

The Tribunal reasoned that the applicant was not an "eligible higher degree student" as defined, meaning clause 573.223(1A) did not apply. Consequently, the applicant was required to satisfy the requirements of clause 573.223(2), which mandates providing evidence in accordance with Schedule 5A for their highest assessment level. The Tribunal found that the applicant met the criteria under clause 573.223(2)(a). However, the Tribunal did not make findings on the remaining criteria under subclauses (2)(b) and (2)(c).

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration. The Tribunal directed that for the purpose of reconsideration, the applicant was to be taken as meeting the criteria under clause 573.223(2)(a) of Schedule 2 to the Regulations.