Benedicto (Migration) - [2025] ARTA 1894

BENEDICTO (MIGRATION) [2025] ARTA 1894 (8 SEPTEMBER 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms Jhoben Dale Diasanta Benedicto
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2411185

Tribunal:General Member S Fitzsimons
Place:Melbourne
Date: 8 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 08 September 2025 at 5:13pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – applied after arriving on visitor visa – enrolment at lower level and in different subject area – close relationship with parents and siblings in home country – business with brothers and offer of job with a company provisional on completing studies – no relationship of concern or work in Australia – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212(a)
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 29 April 2024 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s65 of the Migration Act 1958 (Cth) (the Act).
The applicant applied for the visa on 20 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.
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) because the delegate was not satisfied that the applicant was a genuine applicant for entry and stay as a student.
On 8 May 2024 the applicant applied to the Administrative Appeals Tribunal (AAT) for a review of the delegate’s decision.
On 14 October 2024, the AAT became the Administrative Review Tribunal (the Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), proceedings in the AAT that were not finalised before 14 October 2024 are to be continued and finalised by the Tribunal. Anything done in relation to the proceeding before 14 October 2024 is taken to have been done by the Tribunal.
CLAIMS AND EVIDENCE
Evidence before the Department
With her student visa application, the applicant, who is a 25-year-old citizen of the Philippines, provided a detailed (7 page) statement explaining why she was a genuine temporary entrant, her passport, her Filipino qualifications and academic transcript, her resume and evidence of her overseas student health cover.
The applicant applied for a student visa on the basis of her enrolment in a Graduate Diploma of Management (Learning) that started on 30 October 2023 and is due to end on 26 October 2025.
There is no evidence before me that the Department either offered to interview the applicant or requested further information from the applicant throughout the Department’s processing of the applicant’s visa application.
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). In doing so, the delegate made a finding that the applicant had not used her Filipino Accounting qualifications to obtain relevant employment in the Philippines and as of the view that the applicant had not demonstrated clearly how obtaining qualifications in Australia would increase her remuneration or career prospects on return to the Philippines. The delegate was critical of the applicant’s family ties in Australia and that a vocational education and training qualification (being the Graduate Diploma in which the applicant is enrolled) would be of greater benefit than the Bachelor degree the applicant completed in the Philippines. As a result of the delegate’s findings, the applicant’s visa application was refused because the delegate was not satisfied the applicant was a genuine temporary entrant.
Evidence before the Tribunal
Prior to the hearing, the following documents were provided to the Tribunal by either the applicant or her representative:
·The Department’s refusal decision and notification;
·A Confirmation of Enrolment (CoE) for the Graduate Diploma of Management (Learning);
·Confirmation of Enrolment letter regarding the Graduate Diploma of Management (Learning) issued by Albright Institute of Business and Language dated 2 July 2025;
·Financial documents (including bank statements, money transfers, letter from the applicant’s aunt);
·A statement of the applicant;
·A completed Student Visa Information (SVI) form; and
·A Filipino letter of conditional offer of employment from Trent Builder’s Corporation, dated 30 June 2025.
After the hearing, the following documents were provided to the Tribunal by either the applicant or her representative:
·Certificate of the business name of Jek’s Burger valid until 2 August 2026 and certificate of business registration;
·Statement of the applicant;
·Letter from Albright Institute confirming the enrolment and subject completion of the applicant in a Graduate Diploma of Management (Learning), dated 15 August 2025;
·Letter from Trent Builder’s Corporation confirming the employment offer in the Philippines, dated 2 September 2025; and
·Learning plan for the remaining subjects of the applicant’s study of a Graduate Diploma of Management (Learning).
The applicant appeared before me on 29 August 2025 to give evidence and present arguments. The applicant was assisted in relation to the review and the representative attended the hearing. The hearing was conducted on MS Teams and the internet connection was stable and the audio and video were clear.
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.
In reaching my decision, I have had regard to all of the written material provided to the Tribunal on or behalf of the applicant, other documents on the Department and Tribunal files, and the applicant’s oral evidence at hearing. In my reasons and findings below I have referred to the oral and documentary evidence I considered to be essential and relevant to the determination of the issues in this case.
The issue in this case is whether the applicant is a person who satisfies the requirement for entry and stay as a student which is in cl 500.212 of the Regulations. 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.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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 spoke fluent English during the hearing. When I asked her about how her current course of study in Australia would assist her future career plans her responses to me were unrehearsed and spontaneous. Overall throughout the hearing, the applicant gave me a persuasive account of her ties to her home country and her intention to return to her home country after completing her current course.
The applicant’s circumstances in her home country
At the hearing the applicant told me she is very close to her parents and her three brothers and that since she has been in Australia she speaks with them all frequently and misses them greatly. She also told me that she went back to the Philippines to see them for a few weeks in September 2024, which is corroborated by the applicant’s movement records, which I have before me.
She told me that during the covid pandemic, the applicant and her brothers started an online homemade burger business where customers could order hamburgers online and she and her brothers would cook the burgers and deliver them to their local customers. The business is named Jek’s Burger after her oldest brother. She told me that one of her brothers had previously studied hospitality and so he did the cooking, another brother made the deliveries and as she has Filipino accounting qualifications and so she was responsible for the finances of the business. After the pandemic restrictions were lifted she said they expanded the business into a dine-in venue as well as continuing with deliveries.
We discussed who was running the business in her absence, and she said that at the moment the business is on hold because she is in Australia and one of her brothers is studying an IT course (which he finishes soon) and that her brothers and her mother, who provided funding for the business, are all waiting for her to return to the Philippines so that the business operations can resume. I have before me the business registration certificate of the family business, which is called Jek’s Burger’s and is in the name of the applicant’s brother. On the basis of this document, the applicant’s statements and her oral evidence, I accept that she and her brother’s are responsible for the running of a family burger business and that they will be starting business operations again once the applicant returns to the Philippines, which I find is an incentive for her to return to the Philippines.
I referred the applicant to the Filipino conditional job offer in the role of Operations and Administrative Associate at Trent Builder’s Corporation, which is dated 30 June 2025. The applicant told me that before she came to Australia, she worked in an administrative role for her aunt (who is an independent real estate agent). In the course of her work, she came know one of her aunt’s clients, being Trent Builder’s Corporation. She told me that when she was back in the Philippines in September 2024, she had an interview with Trent Builder’s Corporation for a possible future role. Once she returned to Australia and continued with her studies, she was then offered a job to start with Trent Builder’s Corporation upon her return to the Philippines.
The conditional job offer with Trent Builder’s Corporation is contingent on the applicant completing her studies in Australia, which I find is an incentive for the applicant to complete her studies and then return to the Philippines. After the hearing the applicant sent to me a further letter dated 2 September 2025 from Sophia-Marie P Velez, Co-owner, Trent Builder’s Corporation confirming the job offer and that it is contingent upon the applicant completing her studies in Australia and that the job is to start upon the applicant’s return to the Philippines. Based on the applicant’s oral evidence and the two letters from Sophia-Marie P Velez, Co-owner, Trent Builder’s Corporation, I accept that the applicant has an offer of employment to commence upon her return to the Philippines, and that offer of employment is a significant incentive for the applicant to return to the Philippines.
The applicant told me that when she returns to the Philippines, she will live in her family home which is not far from the location of her proposed workplace (at Trent Builder’s Corporation).
In her written evidence the applicant stated that she has no military obligations in the Philippines, nor is she affected by any political or civil unrest, which was also her response when we discussed this during the hearing, evidence that I accept.
Based on the applicant’s circumstances in the Philippines, particularly her close relationship with her family, the desire for the applicant and her brothers to resume their family burger business upon the applicant’s return to the Philippines, and the offer of employment, I am satisfied that the applicant would, after completing her studies, return to the Philippines. Therefore it follows that based on the above, I am satisfied that the applicant’s circumstances in her home country weigh in favour of the applicant being a genuine temporary entrant.
The applicant’s potential circumstances in Australia
At the hearing the applicant told me she is single and that she has not been in a relationship since she has been in Australia because she has been too busy focussing on her studies.
In the hearing the applicant told me that in compliance with her current bridging visa, she has not been working in Australia. I consider that the fact she has not been allowed to work, and that she has not worked since she has been in Australia, has resulted in little opportunity for the applicant to make any relevant employment contacts in Australia, which I find weighs in the applicant’s favour as someone who is not using the student visa program to circumvent the intention of the migration program.
Based on the above, I am satisfied that the applicant’s potential circumstances in Australia weigh in favour of the applicant being a genuine temporary entrant.
The value of the course to the applicant’s future
At the hearing the applicant told me that she is very ambitious to continue to develop her career and that as well as her role with Trent Builder’s Corporation, she will work part-time helping with the financial aspects of Jek’s Burgers as she and her brothers are committed to starting the business again.
She also told me she wants to sit the CPA exam, which has three intakes per year in the Philippines and that once she has an additional CPA qualification from the Philippines, that, combined with her previous Filipino accounting qualification, and her Australian qualifications, she will be well placed to work in senior financial administrative management roles for private companies in the Philippines, which is her longer-term future career plan. The applicant’s oral evidence at the hearing was consistent with her written evidence before me, including in her completed SVI form and statement.
The conditional employment offer at Trent Builder’s Corporation is in the position of Operations and Administrative Associate. The applicant’s written statement explains that the position will involve drafting contracts, managing operations and supporting financial reporting. At the hearing the applicant described to me her knowledge of the company and its operations through her work with her aunt and it was clear to me that the applicant has a sound insight into the future employment that awaits her in the Philippines, employment which will be aided by her completing the Graduate Diploma in Management (Learning) in Australia.
At the hearing the applicant explained to me the research she has done regarding future salaries in the Philippines for the kind of work she wants to do. From her evidence, it was clear to me that she had not only researched her future earning capacity in the Philippines but that she had done so thoughtfully as she was able to tell me the salary variability depending on the size of the organisation and type and also the variation depending on experience.
In her statement the applicant has described the course content of the Graduate Diploma in Management (Learning) currently being undertaken by her and why it is of value to her. I accept that the content of the course is relevant to and will be helpful for the applicant’s future employment at Trent Builder’s Corporation but also in relation to her broader future career plans.
Based on the above, I am satisfied that the value of the course to the applicant’s future weigh in favour of the applicant being a genuine temporary entrant.
The applicant’s immigration history
The applicant came to Australia as a visitor and then lodged a student visa application that was refused, the refusal decision being the subject of this review. This student visa application is the applicant’s first student visa application.
At the hearing the applicant told me that since lodging her student visa application in Australia she has not been working in compliance with her visitor visa and bridging visa conditions.
Considering the evidence before me, I find there is nothing in the applicant’s immigration history that weighs against her remaining in Australia temporarily.
My conclusion regarding whether the applicant genuinely intends on remaining in Australia temporarily
On the basis of the above, having considered the applicant’s circumstances as a whole, and having weighed the factors set out in Direction 108, I am satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, I am satisfied that the applicant meets cl 500.212(a).
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.
The applicant’s student visa application was lodged with the Department on 20 October 2023. She was granted a Bridging A visa that has condition 8101 (no work) attached to it. She was subsequently granted a Bridging B visa that also has condition 8101 attached to it, which is the visa that the applicant holds currently. The visitor visa on which she arrived also did not allow her to work. At the hearing the applicant told me she has not worked since she arrived in Australia because she has not and is not allowed to due to her visa conditions. On the basis of the applicant’s evidence at hearing I accept she has not worked since she has been in Australia and I give weight in favour to the applicant because of her compliance with her past and current visa conditions.

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). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
In her student visa application, the applicant declared that she would abide by any conditions imposed on a student visa should it be granted. There is nothing before me to indicate that the applicant would not comply with any condition imposed on a student visa should it be granted to her.
On the basis of the above, I am 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), I 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)).
I am satisfied that there are no other matters before me relevant to whether the applicant is a genuine applicant for entry and stay as a student. Accordingly, I am satisfied that the applicant meets cl 500.212(c).
Accordingly, for the above reasons, I am 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): 29 August 2025
Representative for the Applicant: Mr Zack Zhao (MARN: 1577120)
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.