Bicomong (Migration) - [2024] ARTA 958

BICOMONG (MIGRATION) [2024] ARTA 958 (24 SEPTEMBER 2024)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Raymund Jerico Manguiat Bicomong
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2410751

Tribunal:General Member S Waring
Place:Brisbane
Date: 24 September 2024
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 24 September 2025 at 11:54am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – no information about future employment provided with visa application – information and documentation provided on review – employment history and support of employer – study progress and relevance to expanding work tasks on return – most family members in home country – ‘no work’ condition and accommodation and financial support from uncle in Australia – consistent evidence – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359(2)
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 17 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 13 December 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 6 May 2024 Mr Bicomong applied for a Tribunal review of the delegate’s decision. He was assisted in the review process by Mr Brand who also attended the hearing on 21 August 2025. 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 43 years-of-age. His home address is in San Pablo City, the Philippines.
Student visa application and delegate decision
On 26 April 1996 the applicant made his first trip to Australia on a tourist visa. He has travelled overseas since then as follows:
·17 June 1996 to 20 May 2009
·19 August 2009 to 4 September 2012
·2 December 2012 to 24 February 2017
·12 May 2017 to 15 November 2017
·14 February 2018 to 11 August 2019
·9 February 2020 to 20 June 2023
The applicant was granted his current visa (bridging visa A) on 13 December 2023.
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 in fact, selected the course in order to improve his educational outcome or to further his career in the Philippines - as he had not declared any future job offers.
Evidence before the Tribunal
On 25 June 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.
Pre-hearing materials
Prior to the hearing, the applicant submitted the requested information form, an outline of submissions and his own updated statement to the Tribunal together with:
·a certificate of Enrolment in the Bachelor of Information Technology at Box Hill Institute
·transcript of 2024 academic results (Bachelor of Information Technology)
·coursework summary (2024 and 2025) in the Bachelor of Information Technology
·email exchange with education provider confirming payment of enrolment fee for Semester 2 of 2025
·summary of applicant’s qualifications
·example salaries in the Philippines
·Australian visa history obtained via FOI
·record of school payments and a ‘no fees outstanding’ balance on 7 July 2025
·DSGLAB letter confirming 3 positions held (in graphic designer role) January 2013 to March 2021
·Macklev letter confirming appointment as co-creative director/senior graphic designer from 1 April 2021 (annual salary Php 238,644.6 )
·statement of support from applicant’s employer at Macklev (Director & Co-Founder)
·identification documents for family members in the Philippines
·documents relating to ownership of will family assets in the Philippines
·applicant’s life insurance policy in the Philippines.
Also before the Tribunal is a statement from Mr Preston Vieyra (18 August 2025) who has been a fellow student of the applicant since the commencement of their Bachelor’s degree in February 2024. They are currently classmates in 3 subjects and Mr Vieyra assesses the applicant as having a strong commitment to his studies. He is aware, from conversations with the applicant that Mr Bicomong plans to integrate information technology into his graphic design career.
In written submissions provided to the Tribunal each issue raised in Direction 108 is addressed. The submissions are well-supported by the above-listed documents and the applicant’s testimony at hearing. The issues raised therein are discussed below.
The applicant also submitted his own statutory declaration dated 8 July 2025 outlining his circumstances and claims – including that:
·he uses information technology systems in his job on a daily basis
·with the emergence of artificial intelligence across his profession in the Philippines he needs to expand his skills (in coding, data analysis, system design and analysis, cyber-security) and improve his overall IT competence in order to keep up with these advances
·generative AI can produce design work in minutes which would take a human designer hours or days. If he gains relevant IT and AI skills there will be job opportunities for him, in the Philippines, to progress his career and earn a much higher income
·he will return to work with Maclev when he finishes his Bachelor of Information Technology. His career aspirations include expanding into web design and development, data visualisation, user-experience and interface design and development
·he needs the up-to-date IT skills (which he will gain in Australia) to achieve his career goals.
Post-hearing materials
Following the hearing, the applicant provided an updated statement (22 August 2025) from his uncle (Mr Manguiat) confirming that his uncle is willing and able to financially support him during his studies in Australia.
In relation to the connection between the applicant’s past experience and his current studies the Tribunal accepts, based on the letter from DSGLAB, that Mr Bicomong has held 3 positions (graphic designer roles January 2013 to March 2021) which relied on his IT skills and are related to his current course of study.
In relation to the connection between his current studies and his future business aspirations, the Tribunal accepts (from the applicant’s oral evidence and his statement dated 8 July 2025) that, with the emergence of generative AI in the Philippines, the applicant has identified the need to keep his IT skills up-to-date in order to achieve his career aspirations of expanding into web design and development, data visualisation, user-interface design and development.
The applicant has provided a Confirmation of Enrolment for his current study in the Bachelor of Information Technology course at Box Hill Institute. In 2024 he completed 8 units (academic transcripts provided show satisfactory results) and in the first semester of 2025 the applicant completed 4 units.
The Tribunal also has before it records from the Provider Registration and International Student Management System (PRISMS) relating to the applicant’s enrolment/s, and his movement records which set out his immigration history in Australia.
The hearing
At the commencement of proceedings on 21 July 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 Bicomong 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:
·almost every subject he is undertaking at Box Hill Institute incorporates AI
·when he selected his current course his requirements included a focus on AI, programming and security in ‘back end’
·he is currently residing with his aunt and uncle. They drive him to the train station sometimes (for his commute to the Institute). They provide him with food and board
·his parents (aged 70 and mid-70) are in good health. They want the applicant to return home (in part) because his education fees are ‘high’
·he recognises that Mr Manguiat (his uncle) is ‘backing him’ financially so that, upon return to the Philippines, he can support his family there. It is clear to him (from his agreement with his uncle) that the financial support arrangement will only continue while he is studying in Australia. The applicant acknowledges that his uncle is making an investment in him and he is committed to honouring that investment by returning to the Philippines at the conclusion of his studies
·he is not struggling financially back home (with his educational and work experience background) but believes that he can earn more, to support his family back home, if he is able to access opportunities to do international work once he returns.
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 vocational training in the Philippines (Professional Diploma in New Media Design and Certificate III in Visual Graphic Design).
As stated above, the applicant applied for this student visa to study a Bachelor of Information Technology. 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 about 10 years in the graphic design business (using IT skills on a daily basis) 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 a reliable and forthcoming witness. He was able to provide detailed and thoughtful evidence about his courses of study, his reasons for studying in Australia, and his plans for the future and his personal motivations.
The applicant‘s consistent and detailed evidence as to his reasons for choosing to study in Australia is accepted. The Tribunal notes that Mr Bicomong has family ties in the Philippines, including his parents and siblings, aunt, nephew, cousins and a sister-in-law. He has had funds in a joint bank account with his aunt the Philippines.
The Tribunal accepts the applicant’s evidence regarding his career aspirations and notes that he has shared these with his classmate Mr Vieyra. The Tribunal is satisfied that the applicant continues (and will continue) to earn an income working in fields related to information technology and graphic design. The Tribunal is satisfied that Maclev is holding a job opportunity open for when the applicant returns to the Philippines. The Tribunal considers that these factors are indicative of a person who is only a temporary entrant and wishes to return to their country.
Evidence before the Tribunal, including from PRISMS, indicates the applicant is enrolled in and studying the courses he applied for the visa to study. He has had no changes to his enrolments, no enrolments cancelled, and no breaks in his studies.
Based on the information before the Tribunal it is accepted that the applicant will complete the Bachelor of Information Technology in December 2026 as planned. The Tribunal is satisfied that Mr Bicomong has been studying since his courses commenced in February 2024, including while as the holder of a bridging visa. The Tribunal considers that these matters are strong evidence that he 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.
The Tribunal accepts the applicant’s evidence that he has an agreement with his uncle (who is ‘backing him’) that financial support will last only until Mr Bicomong’s studies are completed. The Tribunal places weight on the finding that the applicant has entered into such an agreement with his uncle. The Tribunal accepts the assertion (made in submissions) that the applicant has enjoyed a very good standard of living in his home country but his circumstances in Australia are not so favourable. He is currently subject to a ‘no work’ visa condition, lives with his uncle and aunt, and has no employment connections, no assets and no job prospects. The Tribunal is satisfied that, in contrast, the applicant has very favourable future economic prospects (leveraging his Bachelor of Information Technology) in his home country.
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 the Philippines. 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 Bicomong 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 13 December 2023.
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.
Date of hearing(s): 21 July 2025
Representative for the Applicant: Mr Hayden Brand
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.