1804444 (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, where the applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant had met the full-time study requirement stipulated by clause 802.214(1)(c) of the Migration Regulations 1994.

The court was required to determine whether the applicant had commenced a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification within a "reasonable time" after completing secondary education, or within six months of turning 18. The court also considered whether the applicant was incapacitated for work, which would have exempted them from this requirement under clause 802.214(2).

The Tribunal affirmed the delegate's decision, finding that the applicant had not met the criteria for the visa. The court reasoned that the applicant had not demonstrated that they had commenced a full-time course of study within a reasonable time after completing secondary education. Activities such as self-study in a library, part-time employment, and undertaking an English language course were not considered sufficient to satisfy the requirement of undertaking a full-time course of study leading to a qualification. The Tribunal applied the principles from *Sok v MIMIA* [2005] FMCA 190, considering the surrounding circumstances, the activities undertaken, their purpose, and the reasons for any lack of relevant activity in determining what constituted a "reasonable time." The court also noted that the applicant did not meet the criteria for exemption due to incapacity for work.