Uren (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Child (Migrant) (Class AH) visa (subclass 101). The applicant, born in January 1997, lodged their application on 3 June 2020, making them 23 years old at the time. The core dispute revolved around whether the applicant met the criteria stipulated in clause 101.213(1)(c) of the Migration Regulations 1994, which requires an applicant over 18 to be validly enrolled in and actively participating in a full-time post-secondary course of study leading to a professional, trade, or vocational qualification. This requirement must have been met since turning 18 or commenced within six months, or a reasonable period, after completing secondary education, and must continue to be met at the time of the decision.

The Tribunal was required to determine if the applicant satisfied the study requirements under clause 101.213(1)(c). Specifically, it needed to assess whether the applicant was actively participating in a full-time course of study and whether there had been a substantial break in their studies that was not excused by a force majeure event or a reasonable period. The Tribunal also considered the applicant's relationship status under clause 101.213(1)(a), which requires the applicant not to be engaged and not to have had a spouse or de facto partner, a criterion that must also continue to be met at the time of the decision.

The Tribunal affirmed the delegate's decision to refuse the visa. While the applicant met the relationship status requirements, the Tribunal found that the applicant had not demonstrated they were actively participating in a full-time course of study at the time of application. The evidence presented, including academic transcripts and information regarding a typhoon, indicated a substantial break in the applicant's studies. The Tribunal concluded that this break was not adequately explained by a force majeure event or a reasonable period, and therefore, the criteria for the grant of a Subclass 101 visa were not met. The Tribunal affirmed the decision not to grant the visa.