Srishataroon (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by Tantichet Srichatarun, with his mother, Nriluk Srishataroon, as the review applicant. The core dispute revolved around whether the applicant, who had turned 18, met the specific criteria for the visa, particularly concerning his study status and employment. The Administrative Appeals Tribunal was tasked with reviewing the delegate's decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant met the requirements of cl.101.213 and cl.101.221 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant, having turned 18 at the time of application, continued to meet the criteria relating to his relationship status, engagement in full-time work, and undertaking a full-time course of study leading to a qualification, as required by these clauses. The delegate's refusal was based on the applicant not being enrolled in a full-time course of study after November 2017 and having been engaged in part-time employment.

The Tribunal found that while the applicant met the criteria regarding his relationship status, he failed to satisfy the requirements concerning his study and employment. The applicant had not provided evidence of continuous full-time study after November 2017, stating he was caring for his grandmother. Furthermore, the evidence regarding his employment was equivocal, with the applicant stating he had not been in paid employment for seven years, while the review applicant indicated he had been working part-time but ceased due to COVID-19. The Tribunal concluded that the applicant did not meet cl.101.221(2)(b) as he was over 18 and not undertaking a full-time course of study at the time of the decision, nor was he demonstrably not engaged in full-time work.

Consequently, the Tribunal affirmed the delegate's decision not to grant the Child (Migrant) (Class AH) visa. No claims were advanced in respect of other visa subclasses within Class AH.