Alshayk (Migration)

The Administrative Appeals Tribunal, constituted by Senior Member Kira Raif, considered an application for a Child (Residence) (Class BT) visa, specifically a Subclass 802. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 802 visa. This involved assessing whether the applicant had provided sufficient evidence to satisfy the requirements of the visa subclass, particularly in relation to study requirements.

The Tribunal affirmed the delegate's decision to refuse the visa. This affirmation was based on the applicant's failure to attend a scheduled hearing and the absence of any evidence presented to satisfy the visa criteria. The Tribunal noted that no claims had been advanced in respect of any other visa subclass within Class BT.