Flores (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, before the Tribunal. The applicant, who had turned 18, was required to meet certain criteria, including a full-time study requirement. The central dispute revolved around whether the applicant had satisfied this study requirement, particularly given a gap in her formal studies between April 2017 and May 2018, during which she had not obtained the necessary English language proficiency (IELTS) to enrol in an Australian course and had instead engaged in informal English classes.

The Tribunal was required to determine whether the applicant had, since turning 18 or within a reasonable time after completing the equivalent of Year 12, been undertaking a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification, as stipulated by clause 802.214(1)(c) of the relevant regulations. The Tribunal also had to consider whether this requirement continued to be met at the time of the decision, as per clause 802.221(2)(b).

In its reasoning, the Tribunal accepted the applicant's evidence that she met the criteria relating to relationship status and not being engaged in full-time work. However, the Tribunal found that the applicant had not met the full-time study requirement as defined by clause 802.214(1)(c). The Tribunal noted that the provision contemplates a single full-time course of study, referencing the principles in *Sok v MIMIA* [2005] FMCA 190 regarding the interpretation of 'reasonable time' and the surrounding circumstances. The Tribunal concluded that the applicant's informal English classes did not constitute a full-time course of study at an educational institution leading to a qualification.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 802.214 of Schedule 2 to the Regulations, implying that other criteria, not detailed in the provided text, would be considered.