Lee (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Lee, an applicant for a Child (Residence) (Class BT) visa, Subclass 802. The applicant sought review of a decision to affirm the refusal of their visa application.

The primary legal issue before the Tribunal was whether the applicant met the eligibility criteria for the Subclass 802 visa, specifically concerning the requirement that applicants be under 18 years of age at the time of application and either undertaking full-time study or be in a prescribed relationship with a sponsor. The applicant was over 18 at the time of application and had not been undertaking full-time study.

The Tribunal found that the applicant's English language study at home with their sister did not constitute "full-time study" as contemplated by the relevant migration regulations. The Tribunal noted that the regulations require a formal course of study at a registered educational institution. As the applicant did not meet this criterion, nor any other criterion for the visa, the Tribunal affirmed the original decision to refuse the visa.