TRAN (Migration)

The Administrative Appeals Tribunal considered whether a visa applicant met the full-time study requirements for a Child (Migrant) (Class AH) visa, Subclass 107 (Child). The applicant's eligibility for the visa depended on satisfying specific criteria, particularly those relating to study, as outlined in the Migration Regulations.

The primary legal issues before the Tribunal were whether the visa applicant satisfied the full-time study requirements at the time of her visa application and whether she continued to satisfy these requirements at the time of the Tribunal's decision. The Tribunal was required to determine if the applicant had been undertaking a full-time course of study leading to a professional, trade, or vocational qualification, and if this study was ongoing.

The Tribunal reasoned that for applicants over 18, the requirement to undertake a full-time course of study must be met both at the time of application and at the time of the decision. It noted that the applicant had not provided evidence of being incapacitated for work, meaning the full-time study criterion was applicable. The Tribunal interpreted "full-time course of study" by reference to existing case law, which suggests a single course at an institution, though it may encompass qualifications obtained through various means. Crucially, the Tribunal considered that the applicant must be studying at the time of the decision. Based on the evidence before it, the Tribunal concluded that the applicant had not met the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa, Subclass 107.