1607809 (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa. The applicant sought to satisfy the additional criteria for applicants over 18, specifically concerning relationship status, full-time work, and full-time study. The Tribunal was required to determine whether the applicant met these specific criteria as stipulated in clauses 802.214 and 802.221(2)(b) of Schedule 2 to the Regulations.

The Tribunal's reasoning focused on the interpretation of the full-time study requirement under clause 802.214(1)(c). It noted that this provision contemplates a single full-time course of study, potentially encompassing qualifications obtained through various institutions or accreditation bodies. The Tribunal also considered the meaning of "reasonable time" in this context, highlighting the relevance of surrounding circumstances, including the duration of activities, their purpose, and any reasons for inaction. Based on the evidence presented, the Tribunal found that the applicant met the criteria relating to relationship status and not being engaged in full-time work at the time of application, and that these conditions continued to be met at the time of decision.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that the applicant meets the criteria specified in cl.802.214 and cl.802.221(2)(b) of Schedule 2 to the Regulations, indicating that further consideration of other, unstated, criteria was necessary for the visa application.