Gower (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, by an applicant born in 1991 in the Solomon Islands. The applicant, who was 24 at the time of application, was sponsored by his father, an Australian citizen residing in Australia with the applicant's step-mother and siblings. The applicant had visited Australia on multiple occasions between 2003 and 2015. The Administrative Appeals Tribunal was required to determine whether the applicant met the additional criteria for applicants over 18, specifically concerning full-time study.

The primary legal issues before the Tribunal were whether the applicant had been a continuous full-time student since turning 18, and whether he was undertaking a full-time course of study at the time of application and decision, as required by the Migration Regulations. The Tribunal also considered the interpretation of "reasonable time" in relation to undertaking a full-time course of study after completing the equivalent of Year 12.

The Tribunal reasoned that for applicants over 18, regulation 802.214(1)(c) requires that they have, since turning 18 or within a reasonable time after completing the equivalent of Year 12, been undertaking a full-time course of study leading to a professional, trade, or vocational qualification. This requirement must continue to be met at the time of the decision, as per regulation 802.221(2)(b). The applicant stated he attended school until Year 9 and then undertook vocational training in 'Electrical' for two years in 2011 and 2012, obtaining a basic level qualification in 2013. However, he admitted to doing nothing in the intervening years after leaving school before commencing his electrical studies. The Tribunal found that the applicant had not been a continuous full-time student since turning 18, nor was he undertaking a full-time course of study at the time of application or decision, and the period between leaving school and commencing vocational training was not considered a "reasonable time" given the circumstances.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Residence) (Class BT) visa, Subclass 802, as the criteria were not met.