Wulandari (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was over 24 years of age. The applicant sought to be recognised as a dependent child of an Australian relative. The core of the dispute revolved around whether the applicant met the visa criteria, particularly concerning a gap in full-time studies and the absence of study in Indonesia beyond secondary schooling.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for the Subclass 802 visa, specifically the criterion relating to being a dependent child. This involved determining whether the applicant had a reasonable period of study and whether the circumstances surrounding any delays or gaps in study, including family carer responsibilities, justified the length of time without continuous full-time education.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the necessary criteria. While acknowledging the applicant's circumstances, including family carer responsibilities and a delayed course enrolment, the Tribunal concluded that these factors did not sufficiently bridge the gap in meeting the specific requirements for the visa subclass. No claims were advanced in respect of any other visa subclass within Class BT.