Chan (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was over 18 years of age. The delegate of the Minister had previously refused to grant the visa, and this decision was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 802 visa, specifically concerning the requirement for full-time study. The applicant had undertaken some study in their home country but had withdrawn from many subjects and was not enrolled as a student at the time of the delegate's decision. While the applicant had commenced some study in Australia, they were not enrolled at the time of the Tribunal's decision. The Tribunal also noted the applicant's role in caring for younger siblings.

The Tribunal reasoned that the applicant had not satisfied the full-time study requirement as stipulated for the visa subclass. The evidence indicated a lack of consistent and full-time enrolment in a course of study at the relevant times. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.

The Tribunal affirmed the decision not to grant the applicant a Child (Residence) (Class BT) visa, Subclass 802.