Zhu (Migration)

This matter concerned an appeal by Ms Zhu against the decision not to grant her son, the visa applicant, a Child (Migrant) (Class AH) visa, subclass 101. The visa applicant, born in April 1992, was 22 years old at the time of the application and resided in China. Ms Zhu, an Australian permanent resident, sought to sponsor her son after her marriage broke down. The central dispute revolved around whether the visa applicant met the criteria for the visa, specifically sub-criterion cl.101.213(1)(c) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the visa applicant had, since turning 18, or within a specified timeframe after completing the equivalent of Year 12, been undertaking a full-time course of study at an educational institution leading to a professional, trade, or vocational qualification. The Tribunal accepted that the applicant was not engaged to be married, did not have a spouse or de facto partner, and was not engaged in full-time work. It was also established that the applicant was not incapacitated for work, meaning he had to satisfy the requirements of cl.101.213(1)(c).

The Tribunal's reasoning focused on the lack of evidence demonstrating that the visa applicant was undertaking a full-time course of study that would lead to a relevant qualification. While the applicant's mother had initially included him in her spouse visa application, which was subsequently withdrawn, and her own marriage had broken down, these circumstances did not alter the specific visa criteria. The Tribunal found that the evidence presented did not establish that the applicant was enrolled in a full-time course of study as required by the regulations. Consequently, the Tribunal affirmed the decision not to grant the visa.