Direction 106 – Assessment of Genuine Study for Student Visas

Direction 106 has now been released, copy of the document is available here.

Ministerial Direction No. 106 (homeaffairs.gov.au)

It is noted that the Direction contains other factors taken into consideration by s56 Delegates when assessing student visas

Any other relevant matter (paragraphs 500.212(c) and 500.312(c))
(1) For primary applicants, decisions makers should have regard to the following
matters:
a) if multiple course loads would make successful completion of a course by the
primary applicant impossible or highly improbable;
b) if the primary applicant previously held a student visa – whether they were
reasonably engaged in the course of study for which the visa was granted, having
regard to whether:
i. they satisfied course requirements for the course;
ii. they participated in assessment activities for the course;
iii. they commenced and completed their course as scheduled;
iv. they demonstrated logical course progression;
v. there is a history of starting, but not completing courses; and
vi. there are study gaps of concern, a pattern of changing or deferring courses,
changing to unrelated courses or changing education providers.
(2) Decision makers must also have regard to any other relevant information provided in
respect of the visa application when assessing applicants against paragraph
500.212(c) or 500.312(c) (as applicable). This includes information that may be
either beneficial or unfavourable to the applicant

Written by Ross Ahmadzai

24 Mar, 2024

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