Tran (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, where the applicant was over 18 years of age. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for applicants aged 18 years or over, specifically concerning full-time study.

The primary legal issue before the Tribunal was whether the applicant had fulfilled the requirements of clause 101.213(1)(c) of the Migration Regulations 1994. This clause mandates that applicants over 18 must have, since turning 18 or within a reasonable time after completing the equivalent of Year 12, been undertaking a full-time course of study leading to a professional, trade, or vocational qualification. The Tribunal also considered the interpretation of "reasonable time" in this context, referencing the principles established in *Sok v MIMIA* [2005] FMCA 190.

The Tribunal found that while the applicant met the relationship and full-time work criteria, he failed to satisfy the study requirement. The applicant, aged 24 at the time of application, had a significant gap in his studies. The Tribunal noted that the provision contemplates a single full-time course of study, and that determining a "reasonable time" involves considering the surrounding circumstances, including the actual time involved, activities undertaken, their purpose, and reasons for any inactivity. The Tribunal concluded that the applicant's lengthy period studying for English tests, while leading to a qualification, did not satisfy the requirement of undertaking a full-time course of study in the manner contemplated by the regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Migrant) (Class AH) visa, Subclass 101, as the criteria for the visa were not met.