Tothne Eros (Migration)

The applicant, Tothne Eros, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her Student (Temporary) (Class TU) visa, subclass 500. The matter was remitted to the Federal Court for determination.

The primary legal issue before the Court was whether the AAT had erred in law by affirming the visa refusal, particularly in light of the applicant's lack of current enrolment in a course of study. The Court also considered whether it was necessary for the AAT to assess the applicant's compliance with the genuine applicant criterion, given the finding of no current enrolment.

The Court reasoned that the absence of current enrolment meant the applicant did not satisfy a fundamental requirement for the grant of a Student visa. Consequently, the AAT was not required to consider the genuine applicant criterion, as the applicant had already failed to meet a threshold eligibility requirement. The Court noted that the applicant had not responded to the AAT's invitation to comment on the proposed refusal. The Court found no error of law in the AAT's decision.

The Court ordered that the application for judicial review be dismissed.