Chowdhury (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically Subclass 573 Higher Education Sector, by Mr Chowdhury and his family members. The Tribunal was required to determine whether the applicants met the relevant enrolment requirements for a student visa at the time of the decision.

The primary legal issue was whether the applicant, Mr Chowdhury, satisfied the criteria for a Subclass 573 visa, which generally requires an applicant to be enrolled in, or have a current offer of enrolment in, a principal course of study of a specified type for that subclass. The Tribunal also considered whether the secondary applicants, Mrs Ayesha and Miss Chowdhury, could satisfy the criteria as members of the family unit.

The Tribunal reasoned that the applicant had previously had his enrolment in a Bachelor of Business (Accounting) course cancelled due to notifying his education provider of his cessation of studies. There was no evidence before the Tribunal that Mr Chowdhury was currently enrolled in, or had a current offer of enrolment in, any applicable course of study. The Tribunal also found no evidence that the applicant met the criteria for other subclasses within Class TU, such as Subclass 576 or Subclass 580. Consequently, the Tribunal concluded that the primary criteria for the visa were not met. As the primary applicant did not satisfy the primary criteria, the secondary applicants, as members of the family unit, could not satisfy the secondary criteria.

The Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.