Moodley (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 802 (Child) visa. The applicant, who had turned 18, was presently engaged in full-time work but had not undertaken any formal study at the time of the visa application. The Tribunal affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 802 visa, specifically in light of their age and employment status at the time of application, and the absence of formal study. The Tribunal also noted that no claims had been advanced in respect of any other visa subclass within Class BT.

The Tribunal's reasoning focused on the eligibility requirements for the Subclass 802 visa. As the applicant had passed their 18th birthday and was not engaged in formal study, they did not satisfy the relevant criteria for this visa subclass. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.