Substantial Compliance
Of course the Dai decision (referred to in other article) will also apply to the substantial compliance of provision of applying for a second student visa. Students who in the past had failed a course will now be able to apply for further student visas without any difficulty. All the student visas are subject to this comparable provision:
573.235
If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
Thus students who may have failed courses in the past will not be disadvantaged by the past substantial compliance requirements.