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Direction No. 106 - Assessing the Genuine Entry and Stay Requirements for Student Visa and Student Guardian Visa Applications

Direction Number 106, officially titled "Assessing the Genuine Entry and Stay Requirements for Student Visa and Student Guardian Visa Applications," was issued by Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, under section 499 of the Migration Act 1958.

This direction, effective from 23 March 2024, aims to provide comprehensive guidelines for assessing the authenticity of applicants for Subclass 500 (Student) visas and Student Guardian visas, ensuring that only genuine students or guardians are granted entry to Australia for educational purposes.

Key aspects of the direction include:

  • Application Scope: Applies to Subclass 500 (Student) visa and Student Guardian visa applications made on or after 23 March 2024, including those remitted from tribunals or courts.
  • Criteria for Assessment: Focuses on evaluating the genuine student criterion and the genuine student dependent criterion for Subclass 500 (Student) visa applications, as well as the genuine temporary entrant criterion for Student Guardian visa applications.
  • Factors for Consideration: Decision-makers are guided to consider various factors such as the applicant's circumstances in their home country and in Australia, the value of the proposed course to the applicant's future, the applicant's immigration history, and for minors, the intentions of a parent, legal guardian, or spouse.
  • Decision-Making Approach: Emphasises a balanced and reasonable approach in decision-making, advising against using the listed factors as a checklist but rather as a guide to assess the applicant's circumstances holistically.

Direction Number 106 is part of Australia's effort to maintain the integrity of its student visa program, facilitating genuine educational pursuits while safeguarding against misuse of the visa system. This direction underscores the government's commitment to a high-quality, credible education system accessible to international students and guardians who genuinely intend to study or accompany a student in Australia.

#AustralianImmigration #StudentVisa #EducationPolicy #MigrationLaw #HomeAffairs #CyberSecurity

Source: Direction-Number-106.pdf

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