Ofa (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by the applicant, who had turned 18. The primary dispute concerned whether the applicant met the specific criteria for this visa subclass, particularly in relation to dependency on a sponsor, incapacitation for work, and undertaking full-time study.

The Tribunal was required to determine three key issues: whether the applicant was dependent on the sponsor, whether the applicant was incapacitated for work due to a loss of bodily or mental functions, and whether the applicant had, since turning 18 or within a reasonable time after completing Year 12, been undertaking a full-time course of study leading to a professional, trade, or vocational qualification. The Tribunal also had to consider whether these criteria, if met at the time of application, continued to be met at the time of the decision.

The Tribunal found that the applicant did not satisfy the study requirement. While the applicant had commenced a course of study after applying for the visa, the Tribunal concluded that this study was not undertaken within a reasonable time after completing Year 12 and that the applicant was not undertaking full-time study at the time of the decision. The Tribunal noted that the applicant had been in full-time employment and had commenced study only after lodging the visa application. Furthermore, the Tribunal found that the applicant was not incapacitated for work, citing a temporary hospital admission for depression with a good recovery and no subsequent relapses or need for medication. The Tribunal also found the applicant was not dependent on the sponsor.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 802 visa, as the applicant failed to meet the necessary criteria for its grant.