1517528 (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 101 (Child) visa. The applicant, Mr. Farah, sought to satisfy clauses 101.213(1) and 101.221(2) of the relevant regulations, which pertain to undertaking full-time study. The Tribunal considered evidence from the Department's file and the Tribunal's own file, as well as oral evidence provided at the hearing.

The central legal issues before the Tribunal were whether the applicant was undertaking a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification at the time of his visa application and at the time of the decision. The Tribunal also considered whether the applicant was incapacitated for work due to the loss of bodily or mental functions, which would exempt him from the full-time study requirement. The Tribunal noted that the full-time study requirement must be met both at the time of application and at the time of decision, and that the concept of "reasonable time" for commencing study after completing secondary education involves consideration of surrounding circumstances.

The Tribunal found no evidence that the applicant was incapacitated for work. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the visa applicant meets the criteria under cl.101.213 and cl.101.221 of Schedule 2 to the Regulations. The Tribunal's decision indicates that while the applicant's eligibility regarding full-time study was not definitively established or denied, the matter was to be reconsidered with a direction that these specific criteria were met.