Zheng (Migration)

The Federal Circuit and Family Court of Australia considered an appeal by Ms Zheng concerning the refusal of a Child (Migrant) (Class AH) visa, Subclass 101. The applicant sought to bring her child to Australia on this visa. The primary issue was whether the child met the eligibility criteria for the visa, specifically concerning full-time study.

The court was required to determine whether the child was enrolled in a full-time course of study leading to a professional, trade, or vocational qualification, and whether the child had undertaken full-time study during the relevant period as required by the visa subclass. The Department of Home Affairs had refused the visa application on the grounds that the child was not presently enrolled in a full-time course leading to a formal qualification and had not undertaken full-time study during the period specified in the visa requirements.

Justice Raif analysed the relevant legislative instrument, the *Migration Regulations 1994* (Cth), and the specific criteria for the Subclass 101 visa. The court found that the evidence presented did not demonstrate that the child was enrolled in a full-time course that would lead to a professional, trade, or vocational qualification. Furthermore, there was no evidence of the child undertaking full-time study during the period relevant to the visa application. Consequently, the court concluded that the child did not meet the essential requirements of the Subclass 101 visa.

The appeal was dismissed, and the decision of the Department of Home Affairs to refuse the visa application was affirmed.