Lawson (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by a 27-year-old female citizen of Thailand. The applicant's mother, an Australian citizen, sponsored her stepfather and stepbrother to Australia. The dispute centred on whether the applicant met the criteria for the visa, particularly concerning her study status after turning 18.

The Tribunal was required to determine if the applicant satisfied clause 101.213 of the Migration Regulations 1994, which sets out additional requirements for visa applicants over 18, specifically relating to their relationship status, engagement in full-time work, and undertaking a full-time course of study. Furthermore, the Tribunal had to consider whether these criteria continued to be met at the time of the decision, as stipulated by clause 101.221(2)(b).

The Tribunal found that the applicant met the criteria regarding her relationship status and not being engaged in full-time work, accepting the evidence that she was not married or in a de facto relationship and had never been engaged in full-time employment. Crucially, the Tribunal accepted the evidence of the applicant's enrolment and ongoing studies at Le Cordon Bleu Dusit in Bangkok, concluding that she had met the requirement for continuous full-time study since turning 18. The Tribunal noted that the delegate had previously refused the application on the basis that the applicant had not demonstrated continuous full-time study.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under cl 101.213(1)(c) and cl 101.221(2)(b) of Schedule 2 to the Regulations.