CHAN (MIGRATION)

The Administrative Appeals Tribunal affirmed a decision not to grant the applicant, Chan, a Child (Residence) (Class BT) visa, Subclass 802. The dispute concerned whether the applicant met the visa criteria, specifically the requirement to be undertaking studies leading to a qualification.

The Tribunal was required to determine whether the applicant was undertaking studies leading to a qualification, and whether a significant break in studies meant this criterion was not met. The Tribunal also considered the applicant's enrolment in a course that did not lead to a qualification.

The Tribunal found that the applicant was not undertaking studies leading to a qualification, and that a significant break in studies meant the criterion was not satisfied. Consequently, the Tribunal affirmed the decision not to grant the visa.