Angar (Migration)

This decision concerns an application for a Child (Residence) (Class BT) visa, specifically Subclass 802. The applicant, who had turned 18 at the time of application, sought to have the decision not to grant the visa reviewed by the Tribunal. The core of the dispute revolved around whether the applicant continued to meet the eligibility criteria for the visa at the time of the decision.

The legal issues before the Tribunal were whether the applicant met the requirements of clause 802.214, specifically the criterion that the applicant must not be engaged in full-time work at the time of application and at the time of the decision, as stipulated by clause 802.221(2)(b). The Tribunal was required to determine if the applicant's employment status, as evidenced by documentation and testimony, satisfied these ongoing obligations.

The Tribunal considered evidence that the applicant had commenced full-time employment in April 2018, prior to the decision being made. While acknowledging the applicant's skills and positive references from employers and clients, and evidence of her intention to retrain, the Tribunal found that the applicant had been engaged in full-time work from April 2018 until November 2020. This finding led the Tribunal to conclude that the applicant did not continue to satisfy the requirement of not being engaged in full-time work at the time of the decision, as mandated by clause 802.214 and consequently clause 802.221(2)(b).

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 802 visa, as the eligibility criteria were not met. No claims were advanced regarding the other visa subclass in Class BT (Subclass 837).