Febrianto Eka Putra (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by Febrianto Eka Putra. The applicant, who was 23 years old at the time of application, sought to satisfy additional criteria applicable to applicants over 18, which required either undertaking full-time study or being incapacitated for work. The core dispute revolved around whether the applicant met these requirements, specifically whether he was undertaking full-time study since turning 18 or was incapacitated for work due to loss of bodily or mental functions.

The legal issues before the Tribunal were twofold: first, whether the applicant had been undertaking a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification since turning 18, or within a reasonable time after completing the equivalent of Year 12; and second, if not, whether the applicant was incapacitated for work due to the loss of bodily or mental functions at the time of application and decision. These criteria were stipulated by clauses 802.214(1)(c) and 802.214(2) of Schedule 2 to the Regulations, with the continuing obligation to meet them at the time of decision under clause 802.221(2)(b).

The Tribunal found no evidence that the applicant was incapacitated for work. Regarding full-time study, while the Tribunal accepted the applicant was undertaking a Certificate II in Business from December 2015 to December 2016 and a Certificate IV in New Small Business issued in December 2017, it focused on the period between May 2011, when he completed high school, and December 2015. During this interval, the applicant had engaged in employment in Jakarta. The Tribunal was not satisfied that the applicant had investigated other study options and found that the parents' inability to finance study, even if accepted, did not excuse the deferral of study without exploring alternatives. Consequently, the Tribunal affirmed the decision not to grant the visa, as the applicant did not meet the required criteria.