“A visa cannot be granted unless the relevant criteria set out in the Migration Act and the Migration Regulations are satisfied.”
This statement is something which no applicant wants, mentioned in their Decision Record. In fact, it has long been a nightmare for the applicants of Student Visa (Subclass 500) as well as Student Guardian Visa (Subclass 590).
So, what are these things – “Migration Act” and “The Migration Regulations”? In this article, I will attempt to clarify on these topics.
The Migration Act:
This is an act of the Parliament of Australia which is the current legislation that governs immigration to Australia. Although, it is generally referred to as ‘Migration Act’, it has a long title – “An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.” Even by its name, it can be understood that everyone must fulfil or satisfy the criteria set out in this act or its sections in order to enter or remain in Australia.
Introduced by the Australian Parliament for the first time in 1958, this act has, so far, been amended quite a number of times. This act not only helps the Department of Home Affairs’ decision makers in determining if the applicant can be granted with a visa, it also has the provision for the cancellation of granted visas. This provision of the cancellation of the visas was introduced in December 2014. Thousands of visas have been cancelled thenceforth.
The section 499(1) of this Act “empowers the Immigration Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers.” Using this power, the Minister for Immigration and Border Protection (now Minister for Home Affairs), Peter Dutton gave a Direction for assessing the genuine temporary entrant criterion for Student Visa and Student Guardian Visa applications. This direction was commenced since the 1st July 2016 and is commonly cited as Direction 69.