Tabanao (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by the applicant, Tabanao. The core of the dispute revolved around whether the applicant met the eligibility criteria for this visa subclass, specifically concerning their engagement in studies and financial dependence.

The Tribunal was required to determine whether the applicant had actively engaged in studies as mandated by the visa requirements. This involved assessing whether the applicant's activities constituted genuine study or training, or if they were primarily focused on work experience, and whether the applicant remained financially dependent on their parent.

The Tribunal found that the applicant had not met the criteria for the grant of the Subclass 101 visa. The applicant's activities were characterised as work experience rather than active engagement in studies or training, and the Tribunal was not satisfied that the applicant was financially dependent. As no claims were advanced regarding other visa subclasses within Class AH, the Tribunal affirmed the decision not to grant the visa.