Mandipensa (Migration)

The Administrative Appeals Tribunal considered applications for Child (Migrant) (Class AH) visas, subclass 101, made by two applicants who had turned 18. The dispute centred on whether these applicants met specific criteria for the visa, particularly those relating to their relationship status, engagement in full-time work, and undertaking a full-time course of study.

The Tribunal was required to determine if the applicants satisfied the requirements of clause 101.213 and clause 101.221(2)(b) of Schedule 2 to the Migration Regulations. Specifically, this involved assessing whether the applicants, having turned 18, were not engaged to be married or in a spousal or de facto relationship, were not engaged in full-time work, and were undertaking a full-time course of study leading to a professional, trade, or vocational qualification, both at the time of application and at the time of the decision.

The Tribunal found that the applicants met the criteria regarding their relationship status and their engagement in full-time work, both at the time of application and at the time of the decision. The Tribunal noted that clause 101.213(1)(c) contemplates a single full-time course of study, referencing the principles established in *Sok v MIMIA* [2005] FMCA 190 regarding the interpretation of a "reasonable time" for commencing such study. While the Tribunal was satisfied on the evidence that the applicants met the relationship and work criteria, it did not make a specific finding on the full-time study requirement in the provided text.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first and second named visa applicants met the criteria specified in cl 101.213 and cl.101.221(2)(b) of Schedule 2 to the Regulations.