Jamieson (Migration)

This matter concerned an appeal against a decision not to grant a Child (Migrant) (Class AH) visa, Subclass 101, to Miss Perenia. The applicant's mother, Mrs Jamieson, represented Miss Perenia. The primary issue before the Tribunal was whether Miss Perenia met the additional criteria for applicants over 18 years of age at the time of the visa application and at the time of the decision.

The Tribunal was required to determine if Miss Perenia had, since turning 18 or within a reasonable time after completing 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 101.213(1)(c) of the Migration Regulations. Furthermore, the Tribunal had to consider whether this study requirement continued to be met at the time of the decision, pursuant to clause 101.221(2)(b).

The Tribunal found that the study requirement contemplates a continuous full-time course of study. It noted that the applicant must be studying at the time of the decision. The Tribunal observed inconsistencies in Mrs Jamieson's evidence regarding the dates, order, and duration of Miss Perenia's studies at various colleges. These inconsistencies, initially attributed to unfamiliarity with the process, ultimately led the Tribunal to conclude that Mrs Jamieson was aware of the difficulties with the application. Consequently, the Tribunal affirmed the decision not to grant the visa.