Bobby (Migration) - [2024] AATA 3408

Bobby (Migration) [2024] AATA 3408 (5 September 2024)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Mrs Bobby
REPRESENTATIVE:  Mr Shubham Aggarwal (MARN: 1791186)
CASE NUMBER:  2307538
HOME AFFAIRS REFERENCE(S):          BCC2023/2825586
MEMBER:T. Quinn
DATE:5 September 2024
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·Clause 500.212 (a) of Schedule 2 to the Regulations.

Statement made on 05 September 2024 at 10:18am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – Direction No 108 – good academic progress – change in study pathway – downgrade in level of education – arrival onshore as a tourist – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

On 20 May 2023, the applicant applied for a Student visa (the visa) to undertake study in Australia (‘the application’).[1]
[1]Specifically, a Student (Temporary) (Class TU) visa (‘the visa’) under section 65 of the Migration Act 1958 (‘the Act’). At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the former and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
On 29 May 2023, a delegate of the Minister for Home Affairs (‘the delegate’) refused to grant the application on the basis that the applicant did not satisfy the genuine temporary entrant requirements in relation to student visas.[2]
[2]See clause 500.212 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’) which requires that student visa applicants be genuine applicants for entry and stay as a student. A copy of the delegate’s decision was provided to the Tribunal with the applicant’s review application.
On 30 May 2023, the applicant applied to this Tribunal for a review of the delegate’s decision.[3]
[3] Pursuant to sections 338(2) and 347 of the Act.
The applicant was assisted in relation to the review.
In coming to consider the merits of the application for review, the Tribunal recognises the applicant’s personal circumstances bearing upon their visa application may have changed since making their application. The Tribunal considered that it would be beneficial for the applicant to provide updated and further information for the purposes of determining the outcome of their application for review. To this end, on 15 July 2024, the Tribunal wrote to the applicant, pursuant to section 359(2) of the Act, inviting them to provide information in writing about the course(s) of study the applicant was undertaking and their entry and stay in Australia as a student (‘the s359(2) letter’). The s359(2) letter requests that a questionnaire (‘the questionnaire’) be completed by the applicant.
The applicant responded to the s359(2) letter on 26 July 2024, including filing the completed questionnaire.
I have considered all of the information and evidence before me and find that a favourable decision may be made on the basis of this material without proceeding to a hearing.[4] The case is remitted for reconsideration.
[4] Pursuant to section 360(2)(a) of the Act.
STATUTORY FRAMEWORK
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in clause 500.211 to clause 500.218 must be satisfied by at least one applicant. Information in relation to Clauses 500.211 and 500.212 is attached to this decision.
Does the applicant intend genuinely to stay in Australia temporarily?
In considering whether the applicant satisfies clause 500.212(a), I must have regard to Direction No.108, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’ (‘the Direction’), made under section 499 of the Act. The Direction is attached in full to this decision but broadly it requires Tribunal Members 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 Direction is a lawful direction of the Minister.[5] I am therefore bound to consider and, to the extent that its terms are relevant, apply it to the applicant’s case.[6] Accordingly, the terms of the Direction and their application to the applicant’s case have been considered in relation to material before me. However, I recognise that the Tribunal is an independent statutory body. I must therefore reach my own conclusions as to the merits of the applicant’s case, which includes an assessment of how and to what extent each factor in the Direction is relevant and applicable, independently of any conclusions reached by the delegate. In this regard, I note well established case authority as to the proper approach by decision makers to guidelines such as the Direction[7] and McNab J’s view that such guidelines may not be relevant where the matters raised by an applicant, either upon the application or at merits review, do not raise facts which engage particular matters identified by those guidelines.[8]
[5] In accordance with section 499 of the Act.
[6]FKP18 v Minister for Immigration and Border Protection [2018] FCA 1555, [10], [34]; Chen v Minister for Immigration and Border Protection [2017] FCA 46, [29]; Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112, [60]-[73]; Jagroop v Minister for Immigration and Border Protection (2014) 225 FCR 482, [8]; Baker v Minister for Immigration and Citizenship [2012] FCAFC 145, [10]; Minister for Immigration and Citizenship v Obele (2010) 119 ALD 358, [53] Cockrell v Minister for Immigration and Citizenship (2008) 171 FCR 345, [27]-[28].
[7]Kaur v Minister for Home Affairs & Anor [2019] FCCA 1372 (at [49] and [51]), Khan v Minister for Immigration & Another [2019] FCCA 565 (at [35]) and Tshering v Minister for Home Affairs [2019] FCCA 2667 (at [44]-[47]).
[8]Tshering v Minister for Home Affairs [2019] FCCA 2667 (at [44]-[47] per McNab J).
CONSIDERATION OF CLAIMS AND EVIDENCE
The applicant is a 33-year-old female Indian citizen who first arrived in Australia on 26 August 2022 on a tourist visa as a candidate for MDRT (Million dollar round table) competition.[9] Prior to her arrival onshore, the applicant completed a Bachelor of Arts, a Post Graduate Diploma in Computer Application and a Masters of Business Administration in 2013.[10] The applicant worked as an accountant from August 2013-February 2015 and as a Manager from August 2015-March 2023 starting with an income of INR96,000 per annum and progressing in her career to a salary of INR484,187 in India.[11]
[9]See delegate’s decision, the questionnaire and submissions of 4 September 2024.
[10]See the questionnaire and submissions of 4 September 2024.
[11]See the questionnaire and submissions of 4 September 2024.
The applicant’s application which is the subject of this review was to undertake a Diploma of Business and a Graduate Diploma of Management. However, she quickly abandoned those courses and instead commenced an Advanced Diploma of Civil Construction and Design with course dates from 7 August 2023-3 August 2025.[12] Due to delays in this matter coming before me, the applicant has now completed three units in her Advanced Diploma and provided a corroborating statement of attainment and letter dated 26 and 25 July 2024 respectively in this regard.[13] The applicant submits that she is currently completing her fourth of twelve units in this course and is likely to complete the course on time in August 2025.[14]
[12]See the questionnaire.
[13]See the questionnaire and course documents in the Tribunal file.
[14]See the questionnaire and submissions of 4 September 2024.
I consider the applicant has made good academic progress based on the evidence before me. I commend her in this regard – it is very much to her credit and strong evidence in support of a conclusion that she is a genuine student. I have placed weight in her favour accordingly. It is also noteworthy that the applicant has undertaken this study whilst on a bridging visa awaiting the outcome of this application for review. This is to her credit and has been a significant factor weighing in her favour in this decision.
I’m concerned that the applicant’s Advanced Diploma of Civil Construction and Design was not part of the applicant’s original application before the Department, represents a very significant change in study pathway and is a significant downgrade in her level of education. Concerns about this were put to the applicant in writing and she responded on 4 September 2024, including submitting that there is a large opportunity for work in construction in her home country of India, that her previous career was stagnating in terms of financial progression and that she has been inspired by the infrastructure in Melbourne to undertake this course. She also submits that this is a complementary course to her existing higher-level studies and that together her qualifications will help her obtain work in management within the construction industry. She anticipates earning AUD7,500 per annum at the start of her career but submits this will increase to AUD46,875 as she progresses in her career which includes starting her own construction business once she has two- or three-years’ experience.[15] I allow for reasonable changes to study and career pathways. I accept that the applicant’s course is relevant to and likely to assist and improve her proposed future career.
[15]See the questionnaire and submissions of 4 September 2024.
The applicant claims that, inter alia: Australia provides better quality education and advanced teaching methods; India lacks proper curriculum and trainers in the area of civil construction and design; Australian qualifications have international recognition and accreditation; and Australia offers more practical learning than India’s theory-based learning environment.[16] The applicant has provided reasonable reasons for not undertaking the study in her home country or region.
[16]See the questionnaire.
The applicant lists no work or income in Australia in the questionnaire and claims that she is not working.[17] The applicant has expenses onshore of AUD1,975 per month.[18] The applicant owns assets with her mother and sister to the value of AUD232,728 equivalent in India.[19] The evidence before me does not suggest the applicant’s economic circumstances are acting as a significant incentive for her to remain in Australia. This factor will need to be reconsidered if the applicant makes a further application for a temporary visa upon completion of her studies, having indicated to the contrary in connection with this application.
[17]See the questionnaire and submissions of 4 September 2024.
[18]See the questionnaire.
[19]See the questionnaire and submissions of 4 September 2024.
The applicant has left blank the section of the questionnaire enquiring about community ties in Australia.[20] The evidence does not indicate the applicant has ties to the Australian community acting as a strong incentive for her to remain at this time. This factor will need to be reconsidered if the applicant makes a further application for a temporary visa after indicating to the contrary in connection with this application.
[20]See the questionnaire.
The applicant has not returned to India since her entry in 2022.[21] The applicant’s parents, spouse and sister live in India, and she contacts them daily.[22] The applicant states ‘NA’ in the section of the questionnaire enquiring about her community ties to India.[23] I accept that the applicant has community ties to India acting as an incentive to return but do not consider the evidence supports a conclusion that those ties are acting as a significant incentive for her to return.
[21]          See the questionnaire.
[22]See the questionnaire.
[23]          See the questionnaire.
I am concerned by the way in which the applicant arrived onshore (being on a visitor visa and only then, once onshore, applying for a student visa). It is difficult to accept that the applicant, in such a short space of time after their arrival onshore as a tourist, could have then promptly researched all study and living options and decided to remain onshore for such an extensive period. I accept it is possible that an applicant may seek a change in plans or to further their skills for employment reasons and remuneration opportunities but find it puzzling when an applicant arrives on a visitor visa and then makes sudden changes to their plans within a short period of time after arriving. It seems unlikely that a person travelling as a tourist would make such a significant change from their initial intentions to visit. Such a significant change would necessarily include a greater level of planning and preparation before arriving in Australia considering the length of time that the applicant proposed to spend in Australia.
The applicant has filed submissions indicating she will return to India upon completion of her study in August 2025. I have relied on this statement in coming to my conclusions in this case. Should the applicant make a further visa application upon completion of her study, her submissions to the contrary in connection with this case will be relevant to any assessment of her genuine intentions onshore and her credibility.
The applicant applied for a student visa which was refused on 19 May 2023 before making the application which is the subject of this review on 20 May 2023.[24] The applicant travelled to Singapore in August 2023 for five days for a holiday.[25] There is no evidence that the applicant has had any travel, visa or immigration issues in the past save for her previous student visa refusal.[26] The applicant does not have any potential military service obligations or political or civil unrest concerns in India.[27]
[24]          See the delegate’s decision and the questionnaire.
[25]          See the questionnaire.
[26]See the questionnaire.
[27]See the questionnaire.
Having had regard to the applicant’s circumstances, her immigration history and all other relevant matters, I am satisfied that the applicant is a genuine applicant for entry and stay as a student temporarily as required by clause 500.212. Accordingly, the applicant meets clause 500.212(a) of Schedule 2 to the Regulations and the applicant’s application for the visa is remitted to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·Clause 500.212(a) of Schedule 2 to the Regulations.
T. Quinn
Member
Attachment – Clauses 500.211 and 500.212 of Schedule 2 of the Regulations
Enrolment (clause 500.211)
·Clause 500.211 requires that, at the time of decision, the student visa application in question be founded on evidence that the applicant is enrolled in a course of study.[28]
[28]Clause 500.211(a) of Schedule 2 to the Regulations.
·‘Course of study’ is defined as a ‘full-time registered course’ and a ‘registered course’ is a course provided by an institution which has been registered under the Education Services for Overseas Students Act2000 (Cth) (‘the ESOS Act’) to provide that course to overseas students.[29]
[29]Regulation 1.03 of the Regulations.
·All registered courses and course providers are listed in the Commonwealth Register of Institutions and Courses for Overseas Students (‘CRICOS’), an online register kept in accordance with the requirements of the ESOS Act.[30] Details of courses listed in CRICOS are integrated into the Provider Registration and International Student Management System (‘PRISMS’), a database maintained by the Australian government.[31] The PRISMS database is the principal means by which registered course providers comply with legislative requirements relating to the monitoring of international students studying in Australia. Upon enrolling an international student into a registered course of study, the course provider enters the details of that enrolment into the PRISMS database. The database then records a Confirmation of Enrolment (‘COE’) for the student. The COE functions as a record of the student’s enrolment status in the course and as proof of enrolment for the purposes of clause 500.211 of Schedule 2 of the Regulations.
[30]Section 10 of the ESOS Act.
[31]See generally, Department of Education and Training, Provider Registration International Student Management System (PRISMS): Provider User Guide (Department of Education and Training, May 2018).
Genuine Temporary Entrant
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.
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: 21 March 2024
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.