Grover (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 590 (Guardian) visa by Ms Grover. The dispute concerned whether Ms Grover genuinely intended to reside with the student she nominated for the visa, a requirement under the Migration Regulations 1994 (Cth).

The Tribunal was required to determine whether the criterion in cl.590.212(3) of Schedule 2 to the Regulations, which relates to the genuine intention to reside with the nominated student, was met. This involved assessing the applicant's circumstances and the nature of her guardianship responsibilities.

The Senior Member, P. Wood, found that clarifying material provided by the applicant satisfied the Tribunal that the criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criterion.