Kasemkittichot (Migration)

This matter concerned an appeal by Kasemkittichot regarding a Student (Temporary) (Class TU) visa, specifically subclass 572 for the Vocational Education and Training Sector. The core of the dispute revolved around whether the applicant met the requirements for continuous enrolment in studies and the genuineness of their intention to undertake a Bachelor's course as a genuine temporary entrant.

The Tribunal was required to determine if the applicant satisfied clause 573.223 of the Migration Regulations. This clause pertains to the applicant's intention to undertake a course of study and their capacity to do so, including demonstrating a genuine intention to complete the course and comply with visa conditions.

The Tribunal, after considering the evidence presented, found that the applicant did meet the requirements of clause 573.223. Consequently, the Tribunal remitted the decision under review back to the Department with a specific direction that the applicant satisfies this clause.