Arizza (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, by an applicant who had turned 18 prior to the date of application. The applicant’s birth certificate indicated she was born on 3 February 1999, making her 18 years old at the time of her application on 6 February 2017. The Administrative Appeals Tribunal, constituted by Member Jane Marquard, was required to determine whether the applicant met the criteria for the visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 802.214 of the Migration Regulations 1994, which sets out the requirements for applicants who have turned 18 at the time of application. Specifically, the Tribunal had to consider the elements relating to relationship status, engagement in full-time work, and undertaking a full-time course of study. These criteria, as set out in clause 802.214, must also continue to be met at the time of the decision, as per clause 802.221(2)(b).

The Tribunal found that the applicant met the criteria regarding her relationship status and engagement in full-time work, as she confirmed she had never been married or in a de facto relationship, nor had she ever worked. However, the Tribunal determined that the applicant failed to meet the criterion in clause 802.214(1)(c), which requires that an applicant, since turning 18, has been undertaking a full-time course of study leading to a professional, trade, or vocational qualification. The applicant had not provided evidence of undertaking such a course.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 802 visa. The Tribunal affirmed the decision not to grant the applicant the visa.