What is a ‘reasonable time’?

For a child visa, if an applicant is over 18 years at the time of application then there is an additional requirement which needs to be met:

• The applicant has, 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; 
• The applicant must not be engaged to be married, nor ever had or have a spouse or de facto partner; and
• The applicant must not be engaged in full time work.

The main issue in this case was not with full time work or her relationship status. The only issue was with whether she had commenced a full time course of study within reasonable study leading to the award of a professional, trade or vocational qualification.  

The applicant completed a Diploma of Pharmacy in Uzbekistan which is accepted as equivalent to year 12 in the Australian school system in August 2018. The delegate refused the grant of the subclass 101 child visa on 28 October 2019 on the basis that she had not commenced studying a full-time course of study since completing year 12 (equivalent) within ‘reasonable time’. 

14 months (perhaps no longer reasonable) had lapsed since she completed the equivalent year 12 in Uzbekistan but she had only been studying 3 short courses being English course, Certificate in Tour Guiding and Home Nursing course during the 14 months. These were not full time courses leading to the award of a professional, trade or vocational qualification. Nevertheless, at the time of the Tribunal’s decision, there was evidence that she was studying a Bachelor in Translation which she started in September 2019. This was still 13 months after she finished her high school education. Hence, the question the Tribunal had to answer was whether this was a ‘reasonable time’. 

‘In determining what is a “reasonable time” for cl.101.213(1)(c), it is relevant to consider the surrounding circumstances including the actual time involved, what activities were undertaken during that time, the purpose for which those activities were undertaken and, if no relevant activities were undertaken, the reason why’. This was held in Sok v MIMIA [2005] FMCA 190 at [19].

There was evidence that she had applied for a Bachelor of Nursing from Western Sydney University since August 2018. She received a letter of offer to study in December 2018 but she faced with a student visa refusal (for not meeting the Genuine Temporary Entrant requirements) and the achievement of English language test score before she could commence studies. This was the primary reason for the gap in studies. Notwithstanding such difficulties, she had been completing short courses where she had the opportunity to do so and therefore, the Tribunal accepted that given these circumstances the 13 months was considered a ‘reasonable time’.