Kemthong (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by the applicant, Kemthong. The core of the dispute concerned whether the applicant met the study requirements stipulated for this visa subclass, specifically whether the applicant was undertaking a full-time course of study leading to the award of a professional, trade, or vocational qualification, and whether the applicant was a dependent child at the time of the application.

The Tribunal was required to determine if the applicant satisfied the criteria for the grant of a Subclass 101 visa. This involved an assessment of whether the applicant's educational pursuits qualified as a full-time course of study for the purpose of the visa, and whether the applicant could be considered a dependent child as defined by the relevant migration regulations at the time the application was lodged.

The Tribunal affirmed the decision not to grant the visa. The reasoning, as indicated by the catchwords, was that the applicant did not meet the study requirements, as they were not undertaking a full-time course of study leading to a professional, trade, or vocational qualification, and were not a dependent child at the time of application. No claims were advanced in respect of other visa subclasses within Class AH.