According to an investigation by the BBC's The Wales Report earlier this week, in 2012, more than 7, 000 Welsh students crossed the border to study outside of Wales - a 13% increase on the year before.
Phil Shiner said the policy breaches the European Convention on Human Rights by charging students from other parts of the UK to study north of the border.
Our main priority has to be to protect opportunities for Scottish students to study at Scottish institutions by maintaining free education north of the border.