Likitsathapornphong (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms Likitsathapornphong, who sought review of a decision not to grant her a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a course of study.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of the Migration Regulations 1994, which mandates that an applicant must be enrolled in a registered full-time course of study at the time of the decision. The applicant had previously been enrolled in a Diploma of Leadership and Management, but evidence indicated she had ceased this enrolment.

The Tribunal noted that the applicant confirmed she was not currently enrolled and had stopped her studies due to uncertainty about the hearing date and a desire to avoid unnecessary expenses. She expressed a wish to study commercial cookery upon her return to Thailand, believing it would benefit her career, English language skills, and knowledge of food. Despite being given opportunities to provide evidence of current enrolment, none was submitted. The Tribunal considered the applicant's explanations, including the impact of COVID-19 on her ability to depart, but ultimately found that she had not met the enrolment criterion.

The Tribunal affirmed the decision not to grant the first applicant a Student (Temporary) (Class TU) visa. The Tribunal also noted that the second applicant's application had been withdrawn, meaning the Tribunal lacked jurisdiction to review that matter.