Ali (Migration) - [2025] ARTA 2318

Ali (Migration) [2025] ARTA 2318 (26 September 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Asad Ali
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2411489

Tribunal:General Member S Waring
Place:Brisbane
Date: 26 September 2025
Decision:The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.

Statement made on 26 September 2025 at 11:37am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – close family ties in home country – family land inheritance in home country – cancelled multiple courses – misguided enrolment in unsuitable course package – current course directly aligned with career pathway – intends to grow and enhance family business –satisfactory study progress – genuine academic achievement and career advancement – complying with visa conditions – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359, 499; Direction No. 108
Migration Regulations 1994 (Cth), Schedule 2, cls 500.212, 500.611
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 30 April 2024 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 31 October 2023. 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.
On 10 May 2024 Mr Ali applied for a Tribunal review of the delegate’s decision. He was assisted in the review process by Mr Singh who also attended the hearing on 11 September 2025. Assistance from an interpreter in the English and Urdu languages was provided at hearing. A number of documents were provided to the Tribunal for consideration, prior to (and following) the hearing. These are enumerated and discussed below.
The applicant is now 40 years-of-age. His home address is in Swabi, Pakistan.
Student visa application and delegate decision
On 27 February 2022 the applicant made his first trip to Australia on a temporary work (short stay specialist) visa. He has travelled overseas since then as follows:
·15 March 2023 to 15 May 2023
·6 June 2024 to 9 August 2024
The applicant was granted his current visa (bridging visa B) on 28 May 2024.
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 basis that he is not a genuine applicant for entry and stay as a student. The delegate was concerned that the applicant had not provided evidence that he has such significant assets and/or financial ties in Pakistan that they would serve as an incentive for him to return. Further, the applicant did not provide details regarding his work in Saudi Arabia (2009 to 2017). His proposed study (in commercial cookery, hospitality management and business) was seen to be unrelated to his employment in ‘metal fabrications’.
Evidence before the Tribunal
On 25 July 2025 the Tribunal wrote to the applicant, via his representative, a s 359(2) letter, which stated as follows:
As the applicant applied for the visa based on undertaking a course of study in Australia, it is a requirement of the visa for the applicant to be:
· enrolled in a registered course of study; and
· a genuine applicant for entry and stay as a student.
The applicant will need to provide sufficient information to satisfy us that they meet both of these visa requirements.
Request to provide information
The applicant is now invited to give, in writing, all relevant information about the course(s) of study they are undertaking and their entry and stay in Australia as a student. Details of the information requested are set out in the Student Visa Information Form (the information form).
The Tribunal also advised that in considering whether an applicant is a genuine applicant for entry and stay as a student, the Tribunal must have regard to Ministerial Direction No.108 ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’. A link to the Direction was provided.
Prior to the hearing, the applicant submitted the requested information form together with a certificate of enrolment in the Certificate IV in Engineering (offered by the Institute of Management and trade between 23 September 2024 and 22 September 2026).
Also before the Tribunal are the applicant’s statement (submitted after the hearing) and a ‘course progress letter’ (13 September 2025) confirming that, in the Certificate IV in Engineering, he has successfully completed 24 units of competency - representing 59% of the total course requirements. The completed units include the following subjects which are said to be directly aligned with his career pathway in engineering and fabrication:
·safe work practices
·technical drawing
·welding processes
·fabrication techniques.
The post-hearing statement addresses concerns raised at hearing, that the applicant had cancelled multiple courses in Australia. The statement explains, in relation to the PRISMS record that the applicant had cancelled multiple courses in Australia, that:
…the only major change occurred when I was mistakenly enrolled in a Hospitality package (Certificate III, Certificate IV, and Diploma of Hospitality Management). This enrolment was made under the influence of an education consultant who misguided me at the time. As I discontinued the first stage of that package (Certificate III in Cookery), the entire linked package CoEs were automatically cancelled, creating the appearance of multiple course cessations.
In the post-hearing submission, the applicant emphasises that his misguided enrolment in a hospitality package was an innocent mistake rather than deliberate ‘course-hopping’.
The Tribunal also has before it records from the Provider Registration and International Student Management System (PRISMS) relating to the applicant’s enrolments, and his movement records which set out his immigration history in Australia.
The hearing
At the commencement of proceedings on 11 September 2025, the Tribunal noted that the issue before it is whether the applicant meets the genuine temporary entrant criterion in ‘the regulations’ per cl 500.212. The requirements (set out in the Tribunal’s letter of 8 April 2025) and Direction No.108 were raised.
Mr Ali answered questions addressed to him by the Tribunal consistently with the information above and in detail. The applicant elaborated on the statements and submissions set out above – stating that:
·he completed the General English course in February 2024 after transferring his studies from Griffith University (Brisbane) to Penfold College (Melbourne) in May 2023
·he did not cancel his General English course (as indicated in the PRISMS record) - he simply changed colleges. He was unable to continue the course at Griffith University in Brisbane because it required him to attend classes on-site after the pandemic restrictions were lifted – and he had moved interstate
·after he completed his General English courses he enrolled in the Certificate III cookery course but was ‘half-hearted’ about it and decided to return to studies in which he had more experience. He did get admitted into the cookery course but, after attending for 3 or 4 months, he found it to be a ‘silly mistake’ and returned to study in an area that was more ‘in his field’
·the enrolment in the kitchen management course also occurred by mistake. He did not enrol in kitchen management or commercial cookery twice. He enrolled once and cancelled the enrolments - once only
·he was unaware that he had been enrolled in an Advanced Diploma of Hospitality Management (to commence in May 2026) stating that his education consultant would have been the person to enrolled him in (and cancel his enrolment in) that course
·he was unaware that he had been enrolled in a Diploma of Business course (to commence in October 2025) stating that his education consultant would have been the person to enrolled him in (and cancel his enrolment in) that course
·he has significant experience in metal fabrication - having undertaken an apprenticeship in that trade in Pakistan and then worked in his family’s fabrication workshop in his home town of Swabi. The family workshop is a small operation currently being operated by his father and brother. He will resume working there (and intends to grow and enhance the business) when he returns to Pakistan. He expects his role will include managing the workshop which offers welding and fabrication services
·he was employed in the family workshop for 3-4 years after completing a period of 8 years working overseas in Saudi Arabia (2009 to 2017). He did his apprenticeship (at another workshop in Pakistan) before he commenced, in 2007, working in the business owned and operated by his father. He is currently working at Vicstar Metal & Recycle on a regular roster (of 3 days) per week. On the remaining 2 days he attends classes. Monday (metal fabrication) and a practical class on Tuesdays
·he has a wife and young daughter still living in Pakistan
·his parents have a residence in Pakistan that is separate to the workshop. They are in good health and support his wife and child financially. He does not have the financial resources to send funds back to Pakistan - income from the 24 hours of work he undertakes each week in Australia is only sufficient to meet his own living expenses
·he does not own any property in Pakistan. Whereas he listed land valued at $30,000 in his Visa information form, that property (the family home) is owned by his father. When the time comes, he expects he will share the value of that property, as an inheritance, with his brother
·while he was working in fabrication workshops in Australia, he met ‘different people’ who recommended he undertake engineering studies here. He did not visit any particular institution when deciding upon an education provider - he just knew that his skills would be better if he trained here because (compared to Pakistan) the machinery here is ‘state of the art’.
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 regulation). 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. The issue in the present case is whether the applicant meets cl 500.212.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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 108, ‘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 has completed higher secondary schooling in Pakistan (science and pre-medical) 1999 to 2004 and in or about 2007 he completed his apprenticeship training in welding/fabrication. He worked for 3 – 4 years in the family workshop and overseas for 8 years in the same field. He is currently pursuing a Certificate IV in Engineering (Fabrication) at the Institute of Management and Trade – he has completed 59% of the coursework so far. This qualification is at a higher level than his existing educational qualifications.
That the applicant is now undertaking study at a higher level than his previous education, and in circumstances where he has worked for more than 10 years in the metal fabrication industry, indicates to the Tribunal that his motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
At hearing the Tribunal found the applicant to be forthright in acknowledging that he had attempted coursework (in cookery) to which he was not suited. The Tribunal notes Mr Ali’s candid acknowledgement that enrolling in the cookery course was a ‘silly mistake’ and accepts that he decided to abandon those studies in favour of returning to study coursework (relating to metal fabrication) that is more aligned with his past-work experience.
The Tribunal accepts the applicant’s explanation for his disrupted General English studies. He told the Tribunal that he moved from Queensland to Victoria in May 2023. This is consistent with the official PRISMS record showing that Mr Ali’s first attempt at General English studies (beginning on 16 January 2023) was cancelled around the time he commenced a second attempt at the course - in May 2023. The Tribunal does not place any adverse weight on the cancellation of the applicant’s General English studies in Queensland and notes that he successfully completed that course in February 2024.
Regarding the timeline of events, the Tribunal found the applicant to be a reliable and forthcoming witness. His assertion that his education consultant influenced his choice of enrolments (and in some ways misguided him) is accepted. On the whole, the Tribunal found the applicant was able to provide detailed and thoughtful evidence about his current course of study, his reasons for studying in Australia, his plans for the future and his personal motivations.
The Tribunal accepts the applicant’s account that he attended 3 or 4 months of cookery studies (commencing in February 2024) and when this proved to be a ‘misadventure’ he cancelled that enrolment and, in September 2024, commenced the Certificate IV in Engineering. The Tribunal is satisfied, from the applicant’s clarifying post-hearing statement, that the cancellation of the commercial cookery course resulted in a ‘cascade’ of multiple cancellations appearing on his PRISMS record. This occurred because a number of other courses were included in the ‘package’ to which Mr Ali had signed up under the guidance of his education consultant.
The Tribunal notes that Mr Ali has family ties in Pakistan, including his parents and brother, wife and daughter. The Tribunal accepts the applicant’s evidence regarding his career aspirations. He has employment awaiting him in the family workshop and the opportunity to grow that business. He has a personal ‘stake’ in doing so because he is likely to inherit a substantial part of the business.
Based on the information before the Tribunal it is accepted that the applicant will complete the Certificate IV in Engineering in September 2026. The Tribunal is satisfied, having regard to the ‘course progress letter’ (14 September 2025) that the applicant is making satisfactory progress in his studies and that (within the 24 units of competency already completed) many subjects have aligned directly with the applicant’s career pathway in engineering and fabrication including:
·safe work practices
·technical drawing
·welding processes
·fabrication techniques.
The Tribunal considers that these matters are strong evidence that Mr Ali is in Australia for the purposes of study as he claims and is not using the student visa program to maintain residence in Australia for a purpose unrelated to study. The Tribunal weighs this strongly in his favour.
As to the applicant’s circumstances in his home country, no evidence has been presented that the applicant’s economic circumstances would present as a significant incentive for the applicant not to return to Pakistan. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely. There is no evidence before the Tribunal of military commitments that would present as a significant motive for him not to return.
On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
Does the applicant intend to comply with visa conditions?
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider) and 8208 (no critical technology related study without approval).
At the hearing the Tribunal discussed conditions applying to his student visa with the applicant. He was aware of these conditions, giving evidence of his understanding of the work limitation that applies, and the requirements that he engage in his study. Mr Ali expressly stated that he would comply with the conditions attached to his student visa. The evidence before the Tribunal is that the applicant has abided by conditions of the visa issued to him on 28 May 2024.

On the basis of the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).
Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?
For the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). There is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
Accordingly, the Tribunal is 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.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 11 September 2025
Representative for the Applicant: Mr Harshdeep Singh (MARN: 1577093)
Attachment – Direction No 108
DIRECTION NUMBER 108 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, CLARE O’NEIL, Minister for Home Affairs and Minister for Cyber Security give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated:
Clare O’Neil

Minister for Home Affairs and Minister for Cyber Security
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 - Preliminary
Name of Direction
This Direction is Direction No. 108 – Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 108.
Commencement
This Direction commences on 23 March 2024.
Revocation
Direction No. 69, given under section 499 of the Act, is revoked.
Interpretation
Act means the Migration Act 1958.
Finally determined has the same meaning as is set out in subsections 5(9) and (9A) of the Act.
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 against the genuine temporary entrant criterion for Student visa applications and Student Guardian visa applications (as applicable).
This Direction also applies to members of the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; who review the decisions of primary decision-makers in relation to a Student visa or Student Guardian visa application.
This Direction applies in relation to Student visa applications and Student Guardian visa applications made before 23 March 2024 but not finally determined on that date, including such visa applications that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
The genuine temporary entrant criterion must be satisfied by all applicants who make an application for a Student visa and seek to satisfy the primary or secondary criteria, or an application for a Student Guardian visa and seek to satisfy the primary criteria.
Note: Direction No. 106 applies in relation to Subclass 500 (Student) visa applications and Student Guardian visa applications made on or after 23 March 2024, including visa applications made on or after that date that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
Preamble
The Australian Government operates a student visa program 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 program 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 – 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 or Student Guardian 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 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.
iii.b. Previous travels to Australia or other countries, including:
iv.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;
v.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
vi.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
vii.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 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.