Alcantara (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, subclass 802, by Bernadette Rino Alcantara. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clauses 802.214(1)(c) and 802.214(2) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant, having turned 18, had maintained continuous full-time study as required by the legislation.

The Tribunal considered evidence including departmental notifications, letters from the applicant, financial transfers, and academic records. It noted that the applicant had not been a continuous full-time student since turning 18 and had experienced a period of study absence exceeding four years post-18. The Tribunal concluded that a substantial break in study was not considered reasonable within the legislative framework for this visa subclass.

Consequently, the Tribunal affirmed the delegate's decision, finding that the applicant did not meet the criteria for the grant of a Subclass 802 visa.