2006490 (Migration)

2006490 (Migration) [2022] AATA 2854 (20 June 2022)
Corrigendum
DIVISION:Migration & Refugee Division
REPRESENTATIVE:  Mr Kiran Kandel (MARN: 1795340)
CASE NUMBER:  2006490
MEMBER:Noelle Hossen
DATE OF DECISION:  20 June 2022
DATE CORRIGENDUM
SIGNED:22 July 2022
PLACE OF DECISION:  Perth
AMENDMENT:  The following corrections are made to the decision:

Paragraph 44 should be removed from the decision.
Noelle Hossen
Member

DECISION RECORD
DIVISION:Migration & Refugee Division
REPRESENTATIVE:  Mr Kiran Kandel (MARN: 1795340)
CASE NUMBER:  2006490
MEMBER:Noelle Hossen
DATE:20 June 2022
PLACE OF DECISION:  Perth
DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 20 June 2022 at 11:27am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – most recent course now finished and no evidence of current enrolment – change of subject area – vague evidence of value of additional courses – sister in Australia and parents in home country – consent to decision without hearing – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359, 359A
Migration Regulations 1994 (Cth), Schedule 2, cls 500.211, 500.212
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 13 March 2020 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicant applied for the visa on 19 December 2019. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).
On the 13 March 2020 the delegate decided to refuse to grant the visa because the applicant did not satisfy the requirements of cl.500.212 of Schedule 2 to the Regulations on the basis that he is not a genuine applicant for entry and stay as a student.
On the 13 March 2020 the applicant lodged an appeal to the Tribunal and attached the decision of the Department.
On the 18 October 2021the Tribunal wrote to the applicant a s.359(2) letter as follows.
As you applied for the visa on the basis of undertaking a course of study in Australia, it is a /requirement of the visa for you to be:
·enrolled in a registered course of study; and
·a genuine applicant for entry and stay as a student.
Accordingly, you will need to provide sufficient information to satisfy us that you meet both of these visa requirements and you are now invited to give, in writing, all relevant information about the course(s) of study you are undertaking and your entry and stay in Australia as a student. Specific details about the information requested is set out in the Request for Student Visa Information form which you can access by clicking on the link below.
The Tribunal also advised that in considering whether the applicant is a genuine applicant for entry and stay as a student the Tribunal must have regard to ‘Ministerial Direction No.69 ‘Assessing the genuine temporary entrant criteria for Student visa and Student Guardian visa applications’ and attached a copy.
The letter also noted the following:
If we do not receive the information within the period allowed or as extended, we may make a decision on the review without taking any further action to obtain the information. You will also lose any entitlement you might otherwise have had under the Migration Act 1958 to appear before us to give evidence and present arguments.
The applicant was given until the 1 November 2021 to provide the information requested.
The applicant responded to the request for information and advised the Tribunal that she consented to the Tribunal reviewing the matter without a hearing and provided various documents including but not limited to:
Response to Request for information
Submission being Applicant’s Statement
Copy of the Certificate of Early Childhood Education
Representative’s Submission
Confirmation of Enrolments
Statutory Declaration of the Applicant.
Because the Applicant was finishing her registered course on the 7 January 2022 there was no information about whether the applicant was currently enrolled in another course of study, and therefore whether she satisfied cl.500.211, the Tribunal caused a search of PRISMS, being the Provider Registration and International Student Management System register, to be undertaken. The purpose of this search was to ascertain whether the applicant was enrolled in a registered course.
According to the PRISMS website, the Department of Education, Skills and Employment is responsible for the Commonwealth Register of Institutions and Courses for Overseas Students. It is recorded that PRISMS is a computer system developed by the Department in association with the Department of Home Affairs for the purpose of receiving and storing information about accepted overseas students that is given to the Secretary under the Education Services for Overseas Students Act 2000. It is further noted that PRISMS provides a secure system for providers of registered educational institutions to comply with legislative requirements by issuing confirmations of enrolments as ‘evidence of enrolment’ in a registered full-time course as required by the Department of Home Affairs and reporting changes in course enrolment, particularly where study ceases, or the duration of the study changes.
It is therefore apparent that PRISMS is a business record of the Department of Education, Skills and Employment and is used by the Department of Home Affairs as evidence of enrolment for the purposes of assessing the grant of student visas. While it is possible providers may not update PRISMS as required, the Tribunal accepts that PRISMS is a reliable record of enrolments, unless there is specific evidence to the contrary in relation to a particular case. There is no such evidence in this case.
The PRISMS search revealed that the applicant did not hold a current confirmation of enrolment in a registered course as at 9 February 2022, being the date of the search.
On the 21 February 2022 the Tribunal sent the following s.359A letter to the applicant:
In conducting the review, we are required by the Migration Act 1958 to invite you to comment on or respond to certain information which we consider would, subject to your comments or response, be the reason, or a part of the reason, for affirming the decision under review.
Please note, however, that we have not made up our mind about the information.
The particulars of the information are:
A recent check of the Provider Registration and International Student Management System (PRISMS) indicates that you do not hold a current Confirmation of Enrolment in a course of study.
This information is relevant to the review because you have applied for a Student visa and it is a requirement for the grant of a Student visa that you are enrolled in a course of study at the time of decision (clause 500.211). A course of study is defined as a fulltime registered course. There are limited exceptions to this requirement which do not appear to be relevant to your review (such as where you are a Foreign Affairs, Defence or secondary exchange student).
If we rely on this information in making our decision, we may find that you are not currently enrolled in a course of study. This would mean that you do not meet clause 500.211. The consequence of the Tribunal relying on this information is that it would be the reason or part of the reason for the Tribunal to affirm the decision of the delegate to refuse to grant you a Student visa.
The applicant was given until 7 March 2022 to comment on or respond to the information.
The applicant responded by providing the following documents to the Tribunal:
Submissions from her Representative
Academic transcripts for the 30/03/2021 and 18/02/2022
Confirmation of Enrolment for Diploma of Leadership and Management and
Confirmation of Enrolment for the Advanced Diploma of Leadership and Management.
For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.
CONSIDERATION OF CLAIMS AND EVIDENCE
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria.
Genuine applicant for entry and stay as a student (cl 500.212)
Clause 500.212 requires as follows:
The applicant is a genuine applicant for entry and stay as a student because:
(a)the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i)the applicant’s circumstances; and
(ii)the applicant’s immigration history; and
(iii)if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv)any other relevant matter; and
(b)the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i)the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii)the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c)of any other relevant matter.
Does the applicant intend genuinely to stay in Australia temporarily?
In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 69, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
·the applicant’s circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant’s future;
·the applicant’s immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
·if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
·any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
The applicant was born on [date] in Nepal.
She had completed secondary school in Nepal in January 2013.She says that she worked as [an Occupation 1] until 2016. She then worked as [an Occupation 2] until 2019.
Her submissions filed on the 28 October 2021 say that her plan was to upskill as an early childcare educator was on hold whilst she lived in her home country. She said that the education systems in Nepal does not have the right balance between theory and practical. She said that she could always go home to find opportunities in her home country.
She said:” After completing the course I will get train in key areas of early childhood education from providing care for childcare to managing a childcare facility. I really want to help my nation by attaining this qualification so that I can make at least little change in the industry in my home country.”
The Tribunal notes that in the Representative statement which was filed after the Section 359A letter was sent in submissions filed in support of her changes to her Courses by virtue of her enrolment in the Diploma of Leadership and Management and the Advanced Diploma of Leadership and Management her representative states as follows:” The applicant has minimal ties with Australia. Since all her family members are back at a country Nepal and only her siblings reside in Australia, she’ll have to return to her country to take care of her parents and be there for her family. The knowledge and skills that she will acquire from doing Diploma of Early Childhood Education and Care will be of immense aid in blooming childcare market in Nepal. It hasn’t been long since Early Childhood Education and Care has been introduced in the Nepal and there’s a huge opportunity and market for prosperity and success if one possesses the required knowledge and skills. Even though there’s a huge market opportunity the skills and knowledge required to operate and run those childcare centres lack in Nepal. The applicant is positive that the skills she’ll get from Australian education will help her to bloom her own Childcare Facility in Nepal and also can help her teach others the same skills she’ll be lucky to learn here at Australia.”
She said that she came to Australia to visit her sister. The applicant’s sibling namely her sister lives in Australia. Her parents are still living in Nepal. She said that it is not her wish to remain living in Australia as she must return to Nepal to look after her parents. There is no other evidence regarding the circumstances of her family save that she has stated that she will not have any difficulty meeting the fees for the Course. The Tribunal does have concerns that her sibling resides in Australia and that this will serve as a significant incentive for her to remain in Australia as her sibling represents a close family member. The Tribunal places some weight on those facts against the applicant’s case.
She said in her statement as follows:” I came to Australia to visit my sister to celebrate our festival. After my arrival I busied it many places and met few international students and I was amazed to learn about the education system in Australia. I decided to join [named] college as it is situated in Melbourne, which is known for most affordable cost of living and study environment. Melbourne is the best student city in Australia and the third best student city in the world, according to the prestigious QS best student cities 2019. Key features such as Victoria’s high standard and quality of living, vibrant multicultural society and social inclusion attracted 200,000 international students to Victoria in 2017.”
The applicant’s statement is generalised and does not demonstrate to the Tribunal that she has carefully considered the choice of her Education provider. The applicant says that the Early Childhood and Education Courses do not exist in her home country. She is now enrolled for additional courses and has not provided any information as to why she chose her present Educational Provider for the additional Courses.
The Tribunal has considered the applicant’s potential circumstances in Australia. The applicant came to Australia on a visitor visa to visit her sister. The Tribunal finds that the length of this proposed additional study creates serious concerns that the applicant is studying for the purposes of staying in Australia. She decided to study whilst onshore. The Tribunal accepts her previous assertions that she was a genuine student as she did complete the Courses. However, upon finishing her Courses in her chosen career path she did not return to her home country. The applicant is proposing to remain in Australia until October 2024 when she completes the Advanced Diploma of Leadership and Management. Whilst the Tribunal accepts that plans can change this is not the conduct of a genuine temporary student. Rather it suggests the applicant has decided to extend her stay in Australia by utilising the student visa program.
The applicant gave extremely vague evidence as to the value of the additional courses and remuneration that she expects to receive. In fact, the applicant’s submissions after responding to the section 359A filed by her representative do not address the remuneration that she expects to receive after completing the Leadership and Management Courses. Although there was evidence of her future career prospects in the applicant’s home country upon completion of the Early Childhood and Education Courses the applicant did not specifically address in detail why her choice of additional courses would assist her in the future.
She stated that after the completion of the Education courses that she expects to receive 53,900 NPR to 84,200 NPR. She did not expand and provide details of how she obtained the evidence about her proposed remuneration. The Tribunal does not accept her evidence and therefore places weight against the applicant’s case as to the value of the additional courses to her future. The Tribunal is not satisfied that the applicant has established that the present additional studies will provide her with significant benefits in her proposed career plan.
The applicant has been unable to demonstrate substantial financial ties or personal assets in her home country which diminishes her incentive to return to Nepal. The Tribunal places some weight against the applicant’s case based on those facts.
Having regard to the applicant circumstances including where she is at, in her career the Tribunal is not satisfied the study proposed being Diploma of Leadership and Management and Advanced Diploma of Leadership and Management will assist her to obtain employment or improve her employment prospects in the future in her home country or a third country. She stated that she wishes to set up her own business but did not provide any details of how she was going to afford to set up the venture and details of the plans for the venture. The Tribunal was not provided with any details or the business plans. The Tribunal places significant weight against the applicant’s case in respect of the facts contained in this paragraph.
The applicant worked as [an Occupation 1] and [an Occupation 2] on her own evidence in her home country prior to her arrival in Australia.
In her original application to the Department the applicant did not declare travel to any country other than Australia. There is nothing before the Tribunal to indicate the applicant is experienced visa refusal or immigration issues in any other country.
The applicant indicated that she was undertaking the study in Australia because the Australian Education system was better than in her home country. The applicant provided those submissions in respect of her undertaking the Early Childhood and Education Care program. The Tribunal accepts the reasons and places some weight in favour of the applicant’s case as she has successfully completed her Early Childhood studies and provided some evidence of how that would assist her in the future.
The applicant also stated that there is no political or civil unrest in the poor and that she does not have to undertake military service upon her return to home country.
There is no evidence before the Tribunal regarding the following factors indicated by direction 69: circumstances in in Nepal relative to Australia or any other country and the applicant’s circumstances in Nepal relative to others in that country.
Having decided to not attend hearing and provide additional information to the Tribunal the applicant is mostly relying on the strength of assertions made by her in the documents filed. The Tribunal has read all of the documents that have been filed in response to section 3592 and section 359A requests. In all the circumstances the Tribunal does not accept the applicant’s assertions claiming to be attempt genuine temporary entrant.

On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).
Accordingly, the Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.
DECISION
The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.
Noelle Hossen
Member

Attachment – Direction No.69
DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, PETER DUTTON, Minister for Immigration and Border Protection give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated: 18 April 2016
Peter Dutton

Minister for Immigration and Border Protection
Note: Section 499(1) of the Act empowers the 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. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.
Part 1 of Direction No. 69 - Preliminary
Name of Direction
This Direction is Direction No. 69 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 69.
Commencement
This Direction commences on 1 July 2016.
Interpretation
Act means the Migration Act 1958.
Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.
Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.
Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Regulations mean the Migration Regulations 1994.
Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Spouse has the same meaning as the definition of the term in section 5F of the Act.
Student visa means a Subclass 500 (Student) visa
Student Guardian visa means a Subclass 590 (Student Guardian) visa.
Application
This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant’s temporary entrant criterion for Student visa applications in Schedule 2 to the Regulations.
This Direction also applies to members of the Administrative Appeals Tribunal who review the decisions of primary decision-makers in relation to a Student visa or a Student Guardian visa application.
The genuine temporary entrant criterion must be satisfied by all applicants who make an application for either a Student visa seeking to satisfy the primary criteria for a Student Guardian visa.
Preamble
The Australian Government operates a student visa programme that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa programme must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.
An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.
The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
a.the applicant’s circumstances; and
b.the applicant’s immigration history; and
c.if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
d.any other relevant matter.
This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a to d, to determine whether the applicant genuinely intends to stay in Australia temporarily.
Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily
Part 2 of Direction No. 69 - Directions
Assessing the genuine temporary entrant criterion
1.Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
2.Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:
a.considering the applicant against all factors specified in this Direction; and
b.considering any other relevant information provided by the applicant (or information otherwise available to the decision maker).
3.Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.
4.Circumstances where further scrutiny may be appropriate include but are not limited to:
a.information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny;
b.the applicant or a relative of the applicant has an immigration history of reasonable concern;
c.the applicant intends to study in a field unrelated to their previous studies or employment; and
d.apparent inconsistencies in information provided by the applicant in their Student visa application.
5.An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.
The applicant’s circumstances
6.Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.
7.For primary applicants of Subclass 500 Student visas, decision makers should have regard to the value of the course to the applicant’s future.
8.Weight should be placed on an applicant’s circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia.
The applicant’s circumstances in their home country
9.When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:
a.whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant;
b.the extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country;
c.economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant’s circumstances relative to the home country and to Australia;
d.military service commitments that would present as a significant incentive for the applicant not to return to their home country; and
e.political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa or a Student Guardian visa.
10.Decision makers may have regard to the applicant’s circumstances in their home country relative to the circumstances of others in that country.
The applicant’s potential circumstances in Australia
11.In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:
a.The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;
b.evidence that the student visa programme is being used to circumvent the intentions of the migration programme;
c.whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;
d.whether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and
e.the applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to the applicant’s future
12.Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:
a.whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and
b.relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and
c.remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
The applicant's immigration history
13.An applicant’s immigration history refers both to their visa and travel history.
14.When considering the applicant’s immigration history, decision makers should have regard to the following factors:
a.Previous visa applications for Australia or other countries, including:
i.if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which the application(s) were refused; and
ii.if the applicant has previously applied for visa(s) to other countries, whether the applicant was refused a visa and the circumstances that led to visa refusal.
b.Previous travels to Australia or other countries, including:
i.if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control;
ii.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
iii.the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and
iv.if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non-compliance
If the applicant is a minor— the intentions of a parent, legal guardian or spouse of the applicant
15.If the primary or secondary applicant for a Subclass 500 Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.
Any other relevant matters
16.Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.

[2022] AATA 2854

20 June 2022

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Procedural Fairness

Statutory Construction