Chowdhury (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision concerning a Student (Temporary) (Class TU) visa, specifically Subclass 573 (Higher Education Sector). The applicant sought this visa and was required to demonstrate enrolment in a higher education course and possession of a valid passport.

The primary legal issue before the Tribunal was whether the applicant met the regulatory requirements for enrolment in a principal course of study and held a valid passport at the time of the decision. The Tribunal was tasked with determining if the applicant satisfied the criteria outlined in the relevant clauses of the Migration Regulations, specifically cl.573.231 and PIC 2021 of Schedule 4, and whether any exceptions applied.

The Tribunal found that the applicant had provided a Confirmation of Enrolment and that information from the Provider Registration and Information Student Management System (PRISMS) confirmed the applicant's current enrolment in a principal course of study, satisfying cl 572.222. Furthermore, the applicant presented a valid passport issued by the Bangladesh High Commission, Canberra, and there was no evidence to suggest it was not in the appropriate form, thus satisfying PIC 2021.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.572.222 of Schedule 2 and PIC 4021 of Schedule 4 to the Regulations.