Verba (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by an applicant who was over 18 years of age. The applicant had provided evidence of undertaking a full-time course of study, but had subsequently changed courses. The decision under review concerned the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 101 (Child) visa, particularly in light of their age and the change in their course of study. The Tribunal was required to assess the evidence presented regarding the applicant's enrolment and progression in a full-time course of study as at the relevant time.

The Tribunal found that the applicant met certain criteria for the visa, specifically cl 101.213(1)(c) and cl 101.221(2)(b) of Schedule 2 to the Regulations. However, given the circumstances, including the change in the applicant's course of study, the Tribunal determined that the matter should be remitted to the Minister for further consideration of the remaining visa criteria. The Tribunal remitted the application for reconsideration with a direction that the applicant met the specified criteria.