Cabero (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101. 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 101 visa, specifically concerning the requirement to be undertaking a full-time course of study leading to a professional, trade, or vocational qualification. This included whether the applicant had enrolled in such a course either since turning 18 or within a reasonable time thereafter, and whether any activities undertaken by the applicant prevented them from undertaking full-time study.

The Tribunal found that the applicant had not met the criteria for the visa. No arguments were advanced regarding other visa subclasses within Class AH, namely Subclass 102 and Subclass 117. Consequently, the Tribunal affirmed the original decision to refuse the grant of the Child (Migrant) (Class AH) visa.