Pulatov (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by a visa applicant who had turned 18. The core dispute revolved around whether the applicant met the criteria relating to full-time study after turning 18, as required by the Migration Regulations. The decision was made by David Crawshay, a Member of the Tribunal.

The legal issues before the Tribunal were whether the visa applicant, having turned 18, satisfied the requirements of clause 101.213 of Schedule 2 to the Migration Regulations, specifically concerning relationship status, engagement in full-time work, and undertaking a full-time course of study. Crucially, the Tribunal also 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 relating to relationship status and not being engaged in full-time work, as there was no evidence to the contrary. However, the Tribunal noted that clause 101.213(1)(c) requires an applicant, since turning 18 or within a reasonable time after completing the equivalent of Year 12, to have been undertaking a full-time course of study. While the applicant had applied for and received an offer for a degree course in Australia, the Tribunal considered the period between completing secondary education and commencing this degree, which involved short courses. The Tribunal interpreted clause 101.213(1)(c) as contemplating a single full-time course of study, though it could extend to qualifications obtained through various means.

Given the findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the visa applicant met the criteria under clause 101.213 and clause 101.221(2)(b) of Schedule 2 to the Regulations, leaving the Minister to consider the remaining criteria for the visa.