Filipi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 590 (Student Guardian) visa made by the applicant, Filipi. The dispute concerned whether the applicant met the criteria for the visa, specifically the genuine temporary entrant requirement and the requirement to be nominated by a student.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 590.215 of Schedule 2 to the Regulations. This involved considering the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. A further issue was whether the applicant had been validly nominated by a student for the visa.

The Tribunal noted that the applicant was offshore and unable to return to Australia due to COVID-19 travel restrictions. Crucially, the applicant had never held a student visa, and their bridging visa had expired, meaning they were not a nominating student. The Tribunal also observed that there was no response from the applicant to the Tribunal's invitation to comment on these matters. Applying the criteria, the Tribunal found that the applicant did not meet the requirement of being nominated by a student.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 590 (Student Guardian) visa. The Tribunal affirmed the decision not to grant the visa.