Gavoka (Migration)

This matter concerned an application for review of a decision not to grant a Child (Residence) (Class BT) visa, subclass 802, to a 20-year-old male citizen of Fiji. The applicant sought to reside in Australia with his father, an Australian citizen. The review was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 802 visa, specifically concerning his engagement in full-time study at the time of his application. The relevant criteria, as set out in the Migration Regulations 1994, required that applicants over 18 years of age, who were not incapacitated for work, must have been undertaking a full-time course of study leading to a professional, trade, or vocational qualification, either at the time of application or within a reasonable time after completing the equivalent of Year 12.

The Tribunal considered the applicant's evidence that he had completed his schooling in Fiji in 2013 and had not been studying between then and the lodging of his visa application. While he had commenced an apprenticeship in December 2017, the Tribunal found that he had not been undertaking a full-time course of study as required by the regulations at the time of his application. The Tribunal noted that the applicant's father had attempted to enrol him in the education system, but was advised that an appropriate visa was necessary. The Tribunal concluded that the applicant had not satisfied the criteria for the visa.

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