Kame (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, brought before the Migration Review Tribunal. The applicant, who was over 18 years of age at the time of the application and decision, sought to satisfy the criteria for a dependent child of the sponsor.

The primary legal issue before the Tribunal was whether the visa applicant met the specific criteria for applicants over 18 years of age, particularly concerning their engagement in a full-time course of study. This involved determining if the applicant had, since turning 18, undertaken a full-time course of study leading to a professional, trade, or vocational qualification, and whether this engagement continued to be met at the time of the decision.

The Tribunal considered the applicant's study history, noting the completion of a Bachelor of Arts degree in Mumbai in January 2016 and a subsequent Bachelor of Arts (Psychology) in New Zealand in December 2016. Crucially, there was a significant period of approximately two years between the completion of the New Zealand degree and the applicant's enrolment in a course in Canada in June 2019. The Tribunal found that this break in studies meant the applicant had not continuously undertaken a full-time course of study as required by the relevant criteria. The Tribunal affirmed the decision not to grant the visa.