NEBO (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by Abraham Musa. The review applicant, Ruth Boyea Nebo, claimed to be the biological mother of Abraham Musa. The delegate refused the visa application on the basis that Abraham Musa, who was over 18 at the time of the application, was not undertaking a full-time course of study at the time of the delegate's decision, and therefore did not meet the requirements of clause 101.221(2)(b) of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal considered whether the applicant met the criteria for the visa.

The primary legal issues before the Tribunal were whether the visa applicant met clause 101.213 and clause 101.221 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to determine if the applicant, having turned 18, continued to meet the requirements relating to his relationship status, engagement in full-time work, and undertaking a full-time course of study leading to a professional, trade, or vocational qualification, both at the time of application and at the time of the decision.

The Tribunal found that the applicant met the criteria relating to his relationship status and not being engaged in full-time work, based on the oral evidence provided by the applicant and review applicant, and supporting documentation. Crucially, the Tribunal considered the applicant's study history, which had been disrupted by civil unrest at Njala University, leading to delays and the need to repeat a year. The Tribunal accepted that the applicant had been undertaking a full-time course of study since turning 18, and that the delays and subsequent enrolment in a new course at the American College of Science and Technology demonstrated a continued commitment to study. Therefore, the Tribunal concluded that the applicant met clause 101.213(1)(c) and clause 101.221(2)(b) of the Regulations.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met the specified criteria for a Subclass 101 (Child) visa.