1512905 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 802 Child (Residence) visa. The central dispute concerned whether the applicant had been undertaking a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification since turning 18, or within a specified period after completing the equivalent of Year 12. The applicant arrived in Australia in August 2014 and was undertaking a Diploma of Real Estate (Agency Management) at the Real Institute of the Northern Territory Inc.

The Tribunal was required to determine if the applicant met the criteria for the grant of the visa, specifically focusing on the full-time study requirement. This involved assessing the applicant's educational history, her current course of study, and the nature of her employment in relation to her studies. The applicant had completed prior tertiary education in the UK before moving to Australia and commenced her real estate studies shortly after arrival.

The Tribunal's reasoning focused on the applicant's engagement with her studies and her employment circumstances. While the applicant was enrolled in a diploma course and had completed units towards it, the Tribunal considered the evidence regarding the course structure, including the possibility of external study and the time commitment involved. The applicant also detailed her part-time employment, which she stated was necessary to cover personal expenses, even though her father provided financial support for rent and other necessities. The Tribunal noted the applicant's completion of the Certificate IV in Property Services and commencement of the diploma, but the overall assessment led to the conclusion that the full-time study criteria were not satisfied.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Subclass 802 visa, finding that the criteria for the visa were not met. No claims were advanced in respect of any other visa subclass.