Jiang (Migration)

The Administrative Appeals Tribunal considered an application by Ms Jiang for a Student (Temporary) (Class TU) visa, subclass 590 (Guardian). Ms Jiang sought to be the guardian of her daughter, Zhuolin Li, who held a Student visa to study in Australia. The primary dispute concerned whether Ms Jiang met the criteria for a Student Guardian visa, specifically when the nominating student is over 18 years of age.

The legal issue before the Tribunal was whether there were "exceptional reasons" why Ms Jiang needed to reside with her daughter in Australia, as required by clause 590.211(3)(b) of the relevant regulations. This clause mandates that if the nominating student has turned 18, the applicant must demonstrate exceptional circumstances necessitating their presence in Australia. The Tribunal also considered the interpretation of "exceptional reasons" as outlined in departmental Procedural Instructions (PIs).

The Tribunal noted that the regulations do not define "exceptional reasons" and there was no specific judicial authority on clause 590.211(3). It therefore turned to departmental PIs, which suggest that exceptional reasons might include strong religious or cultural grounds for a chaperone, or medical grounds requiring a relative as a carer. The PIs explicitly state that claims relating to the maturity of the student or parental-type responsibilities are generally not considered exceptional. In this case, Ms Li was 19 years old and her Student visa was due to expire, with no further study enrolled. The Tribunal found that the provided information did not establish exceptional reasons for Ms Jiang to reside with her daughter in Australia.

Consequently, the Tribunal affirmed the decision not to grant Ms Jiang the Student (Temporary) (Class TU) visa.