Today’s blog is about the Direction No. 106 which provides details on Assessing the Genuine Entry and Stay Requirements for Student Visa and Student Guardian Visa Applications
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Direction Number 106 is introduced to ensure only genuine students or guardians enter Australia for educational purposes. Effective March 23, 2024, this direction furnishes comprehensive guidelines to evaluate the authenticity of Student Visa (Subclass 500) and Student Guardian Visa applicants.
This direction is officially termed “Assessing the Genuine Entry and Stay Requirements for Student Visa and Student Guardian Visa Applications“. The Minister for Home Affairs and Minister for Cyber Security, Clare O’Neil, issued this direction under Section 499 of the Migration Act 1958.
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Critical Aspects of Direction Number 106
Scope of Application: It applies to Subclass 500 (Student) visa and Student Guardian visa applications submitted on or after March 23, 2024, including those remitted from tribunals or courts.
Assessment Criteria: It aims to analyse the genuine student and genuine student dependent criteria for Subclass 500 (Student) visa applications, plus the genuine temporary entrant criterion for Student Guardian visa applications.
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Key Factors to Consider: It instructs the decision-makers to consider key factors such as:
- The applicant’s situation in their home country and Australia
- The worth of the proposed course for the applicant’s future
- The applicant’s immigration history
- For minors, the intentions of a parent, legal guardian, or spouse
Decision-Making Strategy: It instructs decision-makers to evaluate the applicant’s circumstances holistically but advises against using the provided criterion as a checklist, vitalizing a balanced and reasonable approach to making the decision.
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Moreover, Direction Number 106 highlights the government’s dedication to providing a high-quality, credible education system for genuine international students and their guardians intending to accompany them in Australia. This direction represents Australia’s effort to retain its student visa program’s integrity in promoting genuine educational pursuits while obstructing the visa system’s exploitation.
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