Huang (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, subclass 101, by an applicant who was over 18 years of age at the time of application. The review applicant, representing the visa applicant, sought to have the decision not to grant the visa set aside. The Tribunal was required to consider whether the visa applicant met the relevant criteria under the Migration Regulations 1994, specifically focusing on the requirements for applicants over 18.

The primary legal issue before the Tribunal was whether the visa applicant had fulfilled the criteria relating to full-time study under cl 101.213(1)(c) of the Migration Regulations 1994, both at the time of application and at the time of the decision. This criterion, along with others concerning relationship status and full-time work, must continue to be met at the time of the decision, as stipulated by cl 101.221(2)(b). The applicant, born on 15 April 1995, was 22 years old at the time of application.

The Tribunal found that the applicant met the criteria regarding relationship status and not being engaged in full-time work at the time of application. However, the critical issue was the full-time study requirement. While the applicant claimed to be studying part-time and working full-time at the time of the decision, the Tribunal noted that cl 101.213(1)(c) requires the applicant to be engaged in full-time study, or be incapacitated for work. The evidence presented indicated the applicant was working full-time and studying part-time, meaning the criterion of full-time study was not met at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa, subclass 101, as the criteria for the grant of the visa were not met. No claims or evidence were advanced regarding other visa subclasses within Class AH.