Weledu (Migration) - [2025] ARTA 2245

WELEDU (MIGRATION) [2025] ARTA 2245 (4 AUGUST 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms Deginsh Berhane Weledu
Visa Applicant:  Mr Dagim Tilahun Janka
Respondent:  Minister for Immigration and Multicultural Affairs
Tribunal Number:  2312357

Tribunal:General Member Downes
Place:Brisbane
Date: 4 August 2025
Decision:The Tribunal affirms the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.

Statement made on 04 August 2025 at 12:50pm
CATCHWORDS
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – visa applicant over 18 years – full-time course of study – gaps in studies – college closure due to the COVID-19 pandemic – equivalent of year 12 in the Australian school system – primary carer for family member – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cls 101.213, 101.221; r 1.03
CASES
Reyes v Minister for Immigration & Anor [2007] FMCA 1721 (29 November 2007)
Wake v Minister for Immigration & Anor [2010] FMCA 272
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister on 12 July 2023 to refuse to grant the visa applicant a Child (Migrant) (Class AH) Subclass 101 visa under section 65 of the Migration Act 1958 (Cth) (the Act).
The visa applicant applied for the visa on 27 November 2020. At the time of application, the Child (Migrant) (Class AH) visa contained Subclass 101 (Child), Subclass 102 (Adoption) and Subclass 117 (Orphan Relative). In this case, claims have only been made in respect of Subclass 101 (Child).
The delegate refused to grant the visa on the basis that the visa applicant did not satisfy the study-related criteria in cl 101.213(1)(c) in Schedule 2 to the Migration Regulations 1994 (Cth) (Regulations).
The review applicant appeared before the Tribunal on 21 July 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Tigrinya and English languages.
The review applicant was represented in relation to the review.
For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.
ISSUE AND LAW
A subclass 101 visa is for a person outside of Australia seeking a permanent visa based on being the dependent child of an Australian citizen or permanent visa holder.
Relevantly to this matter, if, at the time of application, the visa applicant has turned 18, they need to meet certain requirements relating to relationships, work, and study: cl 101.213. These requirements must continue to be met at the time of decision: cl 101.221(2)(b).
Pursuant to cl 101.213(1)(c), at the time of application, the applicant must have, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification. In the decision of Wake v Minister for Immigration & Anor [2010] FMCA 272 at [10], the court conveniently referred to these alternatives “as the ‘first wing’ and the ‘second wing’”. These requirements do not apply if the applicant is incapacitated for work due to the total or partial loss of the applicant’s bodily or mental functions: cl 101.213(2) and reg 1.03.
CONSIDERATION OF CLAIMS AND EVIDENCE
Facts and submissions
The visa applicant is a 25-year-old man from Ethiopia. At the time he applied for the visa, he was aged 20 years. The visa application is sponsored by the visa applicant’s mother, the review applicant.
The visa applicant turned 18 in November 2017. He provided evidence to the Tribunal regarding his education history. According to this material (which I accept as true):
a.The visa applicant received the Ethiopian General School Secondary Education Certificate in August 2015. The visa applicant claims that he received this certification on completion of grade 10.
b.The visa applicant commenced post-secondary studies in September 2018 at Blessed Tvet College. According to his Grade Report dated 16 October 2020, he completed courses between September 2018 and March 2020, before the College closed due to the COVID-19 pandemic.
c.The visa applicant resumed post-secondary studies in September 2020 in a full-time three year Accounting & Finance qualification at Admas University. I note that he provided, among other things, a letter from Admas University dated 28 March 2023 which provides that his anticipated graduation date was July 2023.
d.The visa applicant commenced studying a Western Cuisine Mastery Course at Eskafer Cookery and Catering School in October 2023 and is due to finish this course in August 2025, according to a letter from the school dated 19 May 2025.
The visa applicant has had breaks in study: between August 2015 and September 2018, a period of approximately three years; between March 2020 and September 2020, being approximately six months; and between July and October 2023, being approximately three months.
It is apparent from the decision record that the delegate refused to grant the visa because of the gap in the applicant’s study between 2015 and 2018, which the delegate did not consider to be a ‘reasonable period’ for the purposes of cl 101.213(1)(c).
In my view, the delegate erred in their reasoning. The delegate accepted that the visa applicant’s gap in study occurred ‘immediately following secondary education’. However, the delegate did not determine whether the schooling completed by the visa applicant was ‘the equivalent of year 12 in the Australian school system’. It is necessary to make this finding before moving onto the question of whether any break in study constituted a ’reasonable period’.
I raised this issue with the review applicant and the representative at the hearing. I noted that no written submissions had been made as to why the completion of the Ethiopian General School Secondary Education Certificate ought to be considered the equivalent of Year 12 in the Australian school system. I also referred them to information published by the United Nations Educational, Scientific and Cultural Organization, which indicates that the Ethiopian General School Secondary Education Certificate is awarded at the end of year 9 and 10, and that the Ethiopian Higher Education Entrance Certificate is awarded at the end of Grades 11 and 12. I noted that in Australia, there is the option for students to complete Year 10 and then proceed to an apprenticeship or trainee program instead of undertaking Year 11 and 12. I noted that the legislature had clearly expressed an intention to require completion of Year 12 (or the equivalent), and not Year 10.
I gave the review applicant the opportunity to provide further evidence and submissions on this issue following the hearing, and further material was received on 28 July 2025. The further submissions clearly summarise the review applicant’s claims and accordingly, I reproduce them below (footnotes omitted):
5. As has been detailed by Mr Janka, including in his original application and subsequent statements, he completed his schooling at the age of 15 in year 10 in Ethiopia. Following his schooling he became the primary carer for his ill grandmother before commencing further studies in October 2020. We continue to rely on this evidence including the information and documentation previously provided to the Department and Tribunal.
6. We do however challenge the assertion that because Mr Janka completed schooling up until year 10 in Ethiopia, that this does not constitute him having completed the equivalent of year 12 in the Australian school system. We submit that there is strong evidence to show that due to the design of the Ethiopian education system, having completed year 10, Mr Janka has completed the equivalent of year 12 in Australia and should therefore meet the criteria as set out in Schedule 2 of the regulations.
B. ETHIOPIAN EDUCATION SYSTEM
7. To understand the circumstances of Mr Janka and the educational opportunities that were available to him when he was in secondary school, information must be obtained and presented from the relevant period, this being 2015.
8. In 1994, a new educational and training policy was implemented in Ethiopia which was part of ‘the systemic changes in political, economic, and social order in Ethiopia following the regime change in 1991’. One of the main focuses of the new policy was to realign the previous focus on training ‘manpower for the emergent government bureaucracy’ and to place ‘new emphasis on the expansion of technical and vocational education and training’. For this reason changes in the educational structure were implemented to enable ‘students to be proficient in one specific field so that they will either qualify to be employed in the field of their training or create their own jobs’
9. This transformation resulted in the curriculum being ‘divided into two branches: General and Specialized or Vocational Education’. This division resulted in two changes to the educational system that are important when assessing if Mr Janka has completed the equivalent of year 12 in Australia:
a) The content and structure of the curriculum was altered so that general education was completed in year 10 and senior secondary school (years 11 and 12) focussed more prominently on university preparation; and
b) A test was implemented to limit access to years 11 and 12.
C. PURPOSE OF SENIOR SECONDARY EDUCATION
10. We submit that the purpose and intention of years 10 to 12 in Ethiopia are different to that in Australia, to the extent that year 12 in Australia can be seen as the equivalent of year 10 in Ethiopia.
11. In Ethiopia, the focus of years 11 and 12 are to prepare students for university. For this reason, years 11 and 12 are regarded to be the ‘preparatory programme’ while all years up to year 10 are considered to be ‘general education’. As noted by the Ethiopian Ministry of Education:
‘A General Education fulfils the basic educational needs and includes all aspects of learning and prepares the student for pursuing subsequent specialized education. On the other hand, the special or vocational education prepares the student to engage in junior, medium, vocational and higher level education and vocational skills’.
…
‘As general education prepares the student for specialized education, its duration varies depending on the economic, manpower needs, and educational objectives of each country. In many countries, completion of primary education takes six or eight years. Given our own circumstances, primary education, which used to be only for 6 years, has been designed to last for eight years, while general secondary education extends up to 10th grade.’
12. In years 11 and 12, students have the opportunity to ‘choose between a natural science track and a social science track’ with each track dictating what subjects are to be undertaken by the student. This structure was also implemented to reduce the pressure and resources required in delivering university degrees which ultimately resulted in university degrees being reduced from 4 years to 3 years due to the preparatory curriculum provided in years 11 and 12. We refer to the Ethiopian Ministry of Education:
‘Previously, all the academic, technical and vocational subjects were given in a mixed fashion for twelve years. In organizing these subjects as independent and separate areas, the twelve-year duration of general education has been reduced to ten. As a result, the subjects stated above have been strengthened and made to be the basis for better training.’
…
‘Since the 2001/2002 academic year, a two-year preparatory (Grades 11 and 12) program has been put into effect for those able to pursue higher education. Those who complete this program are given additional subjects, not given in the past, that are prerequisites for their areas of specialization.’
13. It is clear from the information provided by the Ethiopian Ministry of Education that general education is only designed to extend to year 10. Any additional studies that are undertaken after this point, including years 11 and 12 are more specific and have a refined curriculum that do not adequately reflect the content or purpose of years 11 and 12 in Australia. Conversely, year 11 and 12 in Australia are offered to all students as a continuation in general education. Whilst the completion of year 12 in Australia can assist students to access their chosen degrees, years 11 and 12 are not specifically designed to prepare students for university or a designated path of study such as social sciences. As such, the general education that is provided up to year 12 in Australia more closely reflects the curriculum provided up until year 10 in Ethiopia. As such, we submit that Mr Janka has completed the equivalent of year 12 in the Australian school system.
D. ACCESSIBILITY OF ‘SENIOR SECONDARY SCHOOL’
14. In addition to the argument detailed above, consideration should also be had to the lack of access for many students to years 11 and 12 in Ethiopia.
Australian Schooling System
15. As is the case in Australia, secondary schooling includes years 7 to 12, with years 11 and 12 identified to be ‘senior secondary school’. Whilst years 7 to 10 are compulsory, students have an option after year 10 to continue into senior secondary school or to pursue work opportunities or undertake studies leading to a trade or relevant qualification. In Victoria, if an individual chooses to finish their schooling at year 10, they must take part in education, training or employment for at least 25 hours per week, until they are 17 years old. As can be seen on the Victorian Government’s website, there is a preference for a child to remain in schooling until year 12, with the website noting: ‘encourage your child to stay in school and explore their options for finishing year 12. Finishing year 12 will help them later in life’
16. What is important in understanding the Australian secondary school system as opposed to the Ethiopian secondary school system is that there is no barrier for any individual to progress from year 10 to years 11 and 12, or from secondary school to senior secondary school. Whilst some selective schools in Australia may require a student to complete a test to assess their suitability, at the public level there are no prohibitive barriers to any student who wishes to continue with their studies into senior secondary school.
Ethiopian Schooling System
17. Such freedoms were not seen in the education system that Mr Janka participated within in his schooling years. In addition to the educational reforms delivered in 1994, in 2000/2001 the Ethiopian government introduced the Ethiopian General Secondary Education Certificate Examination (‘EGSECE’). This was a compulsory test that all students were expected to undertake at the conclusion of year 10. If the student passed this test, they were eligible to continue with years 11 and 12. If they did not pass this test, they were required to finalize their schooling and undertake a training course or apprenticeship.
18. We note that Mr Janka undertook the EGSECE at the conclusion of year 10 and did not receive the necessary marks to continue with years 11 and 12. For this reason, he was eligible to pursue technical training and therefore proceeded to undertake his studies at Blessed TVET Institute.
19. In addition to our previous arguments, we also submit that the equivalent of year 12 in Australia cannot reasonably be equated to year 12 in Ethiopia given the very prohibitive barriers in place to restrict students from accessing years 11 and 12. As noted previously, students in Australia are free to undertake years 11 and 12 and it is encouraged by the Government. There is no test at the conclusion of year 10 that pre-determines whether they are suitable for further study including university admission. For this reason, it would be unreasonable to conclude that Mr Janka did not complete the equivalent of year 12 given he was prohibited from doing so based on the educational policy at the time.
20. We also note that the Ethiopian government again changed the requirements for students in 2019 and moved the EGSECE from the conclusion of year 10 to the conclusion of year 12. For this reason, any recent information or documentation detailing the requirements to undertake years 11 and 12 in Ethiopia do not explain the barriers that Mr Janka experienced.
In support of the post-hearing submissions, the representative also submitted:
a.Extract from World Education News and Reviews regarding Education in Ethiopia published on 15 November 2018.
b.A document titled “The Education and Training Policy and Its Implementation’ published by the Minister of Education in February 2002.
c.Gazette of the Federal Democratic Republic of Ethiopia dated 17 September 2009
d.Letter from the Ministry of Labour and Skills regarding the entry requirements into the Ethiopian TVET system dated 28 July 2025.
Consideration
The Regulations and the Act do not elaborate on the meaning of “after completing the equivalent of year 12 in the Australian school system”.
The department’s policy uses the phrase “after secondary schooling” interchangeably with “after completing the equivalent of year 12”. However, in the Tribunal’s view, this overly simplifies the issue.
Education in Australia is determined at a state-based level. However, I note that the Australian Government’s Study Australia website provides the following useful summary:
A complete Australian school education spans 13 years and includes:
·Foundation: also called preschool, preparatory school, or kindergarten is for children aged 3-5 years of age
·Primary school: is from grades 1-6 and is compulsory
·Secondary school: or high school is from grades 7-10 and is compulsory
·Senior secondary school: or senior secondary college is from grades 11-12
It is important to note, as the applicant’s representative acknowledged, that Year 11 and 12 in Australia are not compulsory. A student who has completed Year 10 may proceed to a different pathway of education or full-time work.
The wording in the Regulations requires the level of education to be the ‘equivalent’ of Year 12 in Australia. The adjective equivalent is defined in the Macquarie Dictionary as ‘1. equal in value, measure, force, effect, significance, etc. 2. corresponding in position, function, etc.’
Reyes v Minister for Immigration & Anor [2007] FMCA 1721 (29 November 2007) concerned a judicial review application from a decision by the Migration Review Tribunal to affirm the delegate’s decision refusing to grant a Subclass 101 visa. The applicant claimed that the Tribunal committed jurisdictional errors by assuming without relevant evidence that the completion of secondary school in the Philippines was the equivalent of Year 12 in the Australian school system.
The court, in dismissing the application, commented that:
13.There might be merit in that submission if the Tribunal had proceeded on a view of the law or facts that was not on any view open to it. However, I consider that it was open to the Tribunal to conclude that the applicant’s completion of secondary schooling in the Philippines at the age of 18 was the equivalent of the completion of year 12 in Australia. That seems to me to be a simple and obvious conclusion.
14.Notwithstanding the direction of some of the submissions at the hearing before this court, it seems to me that the regulation is not concerned with whether a person is entitled to enter college or university. Rather, it is concerned with allowing people who are 18 or more, and who are thus legally adults, to continue to be eligible for child migrant visas on the basis that they are doing full-time, career-oriented, post-secondary courses of the sort usually undertaken by young adults.
15.Accordingly, in my view, it was open to the Tribunal to conclude that the applicant’s completion of secondary schooling in the Philippines, at the age of 18, was the equivalent of year 12. In view of the applicant’s implicit acceptance of that view, the Tribunal did not need to expose its reasoning process or marshal the evidence on which it was based.
16.Moreover, whether a particular educational qualification is the equivalent of year 12 in Australia is a question of fact. While determinations of fact may be reviewable, in exceptional circumstances, I do not consider that any of those circumstances arise in this case. The applicant simply did not ask the Tribunal to depart from the simple and obvious view that the completion of secondary school in the Philippines, at the age of 18, is the equivalent of the completion of year 12 in Australia.

I have carefully considered the pre and post-hearing submissions made by the representative and the supporting evidence provided. However, on balance, I am not satisfied that the visa applicant completed the equivalent of year 12 in the Australian school system.
On the evidence before the Tribunal, the visa applicant completed Year 10 in Ethiopia, aged 15 years. I do not accept the representative’s submissions that the nature, purpose and accessibility of schooling in Ethiopia mean that Year 10 in Ethiopia is the ‘equivalent’ of Year 12 in the Australian school system, within the ordinary meaning of the words.
It is apparent on the evidence before the Tribunal that schooling is available in Ethiopia and Australia up to Year 12, and that studying Year 12 is not compulsory in either Ethiopia or Australia. I am not satisfied that any of the matters raised by the representative warrant the conclusion that the equivalent of Year 12 in the Australian school system in Ethiopia is anything other than Year 12, having regard to the plain English meaning of the relevant words.
The legislature set the requirement that a person have completed Year 12 in the Australian school system, or the equivalent. This is a high bar. It was open to the legislature to set the bar lower, noting that the standard and availability of secondary school education in other countries is not the same as in Australia. It chose not to do so.
Having regard to the matters set out above, I find that:
a.The visa applicant does not satisfy the first wing of cl 101.213(1)(c) because, at the time of application, he had not been undertaking relevant study since he turned 18. At the time the visa applicant turned 18, he was not studying. He did not commence post-secondary studies until approximately 10 months after he turned 18. The ‘reasonable period’ qualifier only applies to the second wing of cl 101.213(1)(c), not the first.
b.The visa applicant cannot satisfy the second wing of cl 101.213(1)(c) because he did not complete the equivalent of Year 12 in the Australian school system.
The visa applicant does not claim to have been incapacitated at any time, meaning cl 101.213(1)(c) must be met. For the reasons set out above, it is not.
For the reasons set out above, the criteria for the grant of a Subclass 101 visa are not met. There have been no claims advanced in respect of the other visa subclasses in Class AH (Subclass 102 and Subclass 117).
DECISION
The Tribunal affirms the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.
Date(s) of hearing: 21 July 2025
Representative for the Applicant: Mr Samuel Stafford