Ministerial Direction No. 106, issued under Section 499 of the Migration Act 1958, outlines updated guidelines for assessing student visa applications (Subclass 500) and Student Guardian visa applications. It comes into effect on March 23, 2024, and aims to ensure that applicants are genuine students or guardians pursuing legitimate educational purposes in Australia.
Key Components:
- Scope: Applies to new and tribunal-remitted applications for the Subclass 500 (Student) visa and Student Guardian visa submitted on or after March 23, 2024.
- Genuine Student Assessment: Decision-makers evaluate whether an applicant genuinely intends to study in Australia. Factors include the availability of similar courses in the applicant’s home country, personal ties to their home country, and the economic or social circumstances influencing the decision to study abroad.
- Potential Circumstances in Australia: Assessments consider the applicant’s knowledge about the course, living arrangements, and whether the visa is being used for non-educational purposes. Changes in career or study paths are permitted if reasonably justified.
- Value of the Course: The course’s relevance to the applicant’s future career, education, or employment prospects in their home country is a critical consideration
- Immigration History: Past compliance with visa conditions and travel records are reviewed. Frequent course changes or study gaps may raise concerns.
- Minors: For younger applicants, the intentions of their guardians or parents are also scrutinized.
Purpose and Implications:
This direction strengthens Australia’s student visa integrity by ensuring visas are granted only to those with genuine educational intentions. It seeks to reduce misuse of the visa system and maintain a high-quality international education framework
This is just a surface information for the students