HUSSAIN (Migration)

The Administrative Appeals Tribunal considered the applications for Child (Migrant) (Class AH) visas, Subclass 101, made by the son and daughter of the review applicant. The dispute concerned whether the visa applicants met the criteria for the visa, particularly in relation to their study status and relationship circumstances. The matter was before the Tribunal following a remittal from the Federal Circuit Court.

The primary legal issues before the Tribunal were whether the visa applicants, who were over 18 years of age at the time of application, met the specific requirements of clause 101.213 of Schedule 2 to the Migration Regulations 1994 concerning their relationship status and study situation, and whether these requirements continued to be met at the time of the decision, as stipulated by clause 101.221(2)(b).

The Tribunal found that at the time of application, both visa applicants were not engaged to be married and had never had a spouse or de facto partner. While they had ceased studying between 2013 and late 2014 due to security concerns affecting Hazara students in Quetta, evidence demonstrated that they had resumed full-time study by late 2014 and early 2015 respectively, and continued to do so up to the hearing before the first Tribunal in February 2016. Further evidence, including student cards, fee receipts, and examination results from 2016 and 2017, supported their ongoing study. Certificates of non-marriage and statements from a local Councillor also attested to their relationship status and lack of full-time employment.

Given these findings, the Tribunal concluded that the first named applicant met the criteria under clauses 101.213 and 101.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for Child (Migrant) (Class AH) visas for reconsideration by the Minister, with a direction that the first named applicant met these specified criteria.