Kanaenabogi (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by Mr Kanaenabongi. The applicant was over 18 years of age at the time of application. The dispute centred on whether the applicant met the full-time study requirements stipulated by the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria under regulation 802.214(1)(c) and 802.221(2)(b) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant, having turned 18, had, 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, and whether this requirement continued to be met at the time of the decision.

The Tribunal reasoned that the provision contemplated a single full-time course of study, though it could extend to qualifications obtained through various means. In assessing what constituted a "reasonable time," the Tribunal considered the surrounding circumstances, including the actual time elapsed, activities undertaken, their purpose, and reasons for any lack of activity. The evidence indicated a break in the applicant's study and a consideration of other affordable study opportunities, including a possible return to Fiji. The Tribunal found that the applicant had not met the full-time study requirement at the time of application, nor had this requirement continued to be met at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Residence) (Class BT) visa.