Ega (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The Tribunal's decision was made by Member Andrew George.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the requirement of being enrolled in a course of study at the time of the decision. The Tribunal also considered whether any alternative criteria were met.

The Tribunal found that while the applicant had an impressive academic history and candidly explained her intention to establish a Non-Government Organisation in Nigeria, she was no longer enrolled in a course of study. This was because the educational institution where she was enrolled failed. The Tribunal accepted this evidence and concluded that the criterion under clause 500.211 of the Regulations, requiring current enrolment in a full-time registered course, was not met. The Tribunal noted that it had no discretion to exercise in the applicant's favour given this failure to meet a primary criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.