Da Silva (Migration) - [2025] ARTA 2108

DA SILVA (MIGRATION) [2025] ARTA 2108 (18 SEPTEMBER 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Nata Paulo Da Silva
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2413695

Tribunal:Kylie McGrath
Place:Brisbane
Date: 18 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 18 September 2025 at 1:57pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – employment plans in Brazil – communication with family in home country – decision under review remitted
LEGISLATION
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth)
Migration Act 1958 (Cth), ss 65, 499; Direction No 108
Migration Regulations 1994, Schedule 2 cls 500.212, 500.611
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 14 May 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 is a twenty-six-year-old national of Brazil. The applicant arrived in Australia on 25 February 2023, shortly after being granted a Subclass 500 (Student) visa. On 27 February 2023, he commenced a Diploma of Project Management.
On 22 November 2023, the applicant applied for a further student visa on the basis of enrolment in an Advanced Diploma of Leadership and Management. 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 applicant’s student visa application sets out that his parents and sister reside in Brazil and that he has never been married. He is currently studying his bachelor’s degree in Production Engineering through a university in Brazil. In Brazil, he was employed with Aquamec Brasil as a production, planning and control assistant. In Australia, he has worked in a sandwich bar and also doing delivery work.
In the genuine temporary entrant statement provided with his visa application, the applicant described that his family is committed to improving themselves personally and professionally. He completed a course in quality management at a Brazilian university in 2017. He is currently studying his second degree at a Brazilian university, in Production Engineering. He intends to continue studying this course while in Australia.
Having completed eight months of his Diploma in Project Management, he has identified the need to deepen his knowledge, especially in leadership and management. He wants to strengthen his confidence in his English language skills and leading large projects through enrolment in an Advanced Diploma of Leadership and Management.
On completion of his studies, he plans to return to Brazil to contribute to the industrial sector. His goal is to work for large industries, leading complex projects.
The applicant provided supporting documents to the delegate including education certificates and a digital work card.
On 14 May 2024, the delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).
On 27 May 2024, the applicant applied to the then Administrative Appeals Tribunal (AAT) for review of that 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.
The applicant provided further documents to the Tribunal including;
a.A Certificate and Record of Results for the Advanced Diploma,
b.A Confirmation of Enrolment for the Graduate Diploma of Management (Learning), with a course end date of January 2026 and Masters of Program Management and Business, ending December 2026. This is consistent with the applicant’s record on the Provider Registration and International Student Management System (PRISMS), which the Tribunal has accessed,
c.An attendance record for the Graduate Diploma showing that the applicant has attended 100% of all classes in Term 3, 2025 and 95.27% of the classes throughout the totality of the course,
d.A translated certificate confirming that the applicant completed his Bachelor of Production Engineering, graduating on 8 July 2025,
e.A letter of reference confirming the applicant’s employment as an estimator for a cabinetry company since December 2023,
f.Whatsapp records showing frequent contact between the applicant and his family in Brazil, and
g.Submissions.
In the Request for Student Information Form, the applicant outlines his education history. In Brazil, he completed a technical qualification in Quality Management. He has now also completed his Bachelor of Production Engineering from a Brazilian university. In Australia, he has completed his Diploma of Project Management and Advanced Diploma of Leadership and Management. He is enrolled in a Masters of Project Management and Business.
On the completion of his studies, he intends to work as a Production Engineer near his hometown in Sao Paulo, Brazil. His future aspiration is to become an Industrial/Production manager in the manufacturing industry, preferably the automotive industry. In this role, he would combine his engineering degree with project and management qualifications to lead large teams and drive process optimization on a large scale.
In an undated letter, the applicant provides information consistent with the above. In addition, the applicant refers to attached Brazilian job advertisements showing that Industrial and Production Managers require both advanced English and project management skills. He describes that, when he was working in Aquamec, a multinational company, in Brazil, he saw that improving his English and qualification were essential for him to reach higher positions. He also describes that he is currently working as Project Cost Coordinator with a joinery company and how this is related to his studies and career aspirations.
The applicant appeared before the Tribunal on 17 September 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Portuguese and English languages. The applicant was represented in relation to the review.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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. The issue in the present case is a genuine applicant for entry and stay in Australia.
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.
On the basis of the below, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
The applicant’s circumstances in their home country
As to the applicant’s circumstances in his home country, the Tribunal accepts the applicant’s evidence that he is very close to his immediate and extended family in Brazil and remains in frequent contact with them while in Australia, including as evidenced in whatsapp records provided to the Tribunal. The Tribunal considers these relationships to be a significant incentive for the applicant to return to Brazil.
The Tribunal accepts the applicant’s evidence about his economic circumstances in Brazil. Specifically, the Tribunal accepts that the applicant’s family is well-off, with the applicant and his sister both attending university in Brazil and his family owning two properties. The Tribunal accepts the applicant’s evidence that he maintained stable employment in a multinational company while in Brazil and, on return, could earn a good salary, and have a good lifestyle, in his chosen field. The Tribunal considers that the applicant’s economic circumstances do not present a significant incentive for the applicant not to return to Brazil.
The Tribunal accepts that applicant’s evidence that he undertook his studies in Australia because he could see from his employment in a multinational company within Brazil that he needed to improve the quality of his English to progress in his career in line with his career aspirations. The Tribunal notes that the applicant has provided job advertisements for relevant roles in Brazil confirming the need for advanced English. The Tribunal also accepts the applicant’s evidence that the relevant masters course in Brazil require students to undertake extended theoretical research and a dissertation but that the Australian masters course in more practical, which will better prepare him for his chosen career. The Tribunal considers these to be reasonable reasons for the applicant not studying in Brazil.
The applicant accepts the applicant’s evidence at hearing that he has no fears on return to Brazil and no concerns about political and civil unrest or military service commitments in Brazil including because he has been exempted from such service (as shown in the translated certificate provided to the Tribunal. The Tribunal considers that these do not present a significant incentive for the applicant not to return to Brazil.
In sum, the Tribunal considers that the applicant’s circumstances in his home country are indicative of an intention by the applicant to stay in Australia temporarily.
The applicant’s potential circumstances in Australia
In relation to the applicant’s potential circumstances in Australia, the Tribunal accepts the applicant’s evidence that he is not in a relationship, including not being in a relationship of concern, and lives in student accommodation, as supported by a rental receipt confirming that the applicant is a long term resident of Adalong Student Accommodation. The Tribunal accepts that the applicant is working in Australia however, he is not working as an engineer, in line with his Brazilian university qualifications.
The Tribunal considers that the applicant has a level of knowledge of his course of study and education provider that is reasonable in the applicant’s circumstances. At hearing, he was able to speak to the content of his course in a level of detail consistent with a person engaged in the course.
The applicant’s evidence, which is supported by his movement and PRISMS records, is that he commenced studies shortly after arriving in Australia. He has studied consistently since this time, progressing through his Diploma, Advanced Diploma and on to his Graduate Diploma. The applicant has been in Australia for approximately two and a half years and intends to depart following the completion his Masters in December 2026, approximately four years from his first entry. The Tribunal accepts this evidence and considers that the applicant is not using his student visa application to maintain ongoing residence or to circumvent the intentions of the migration program.
In summary, the Tribunal considers that the applicant’s circumstances in Australia are indicative of an intention by the applicant to stay in Australia temporarily.
Value of the course to the applicant’s future
The applicant presented at hearing as an impressive young man, with a clear focus on improving his skills and experience to position himself to work, first, as a Production Engineer, and later as an Industrial/Production manager within the manufacturing industry in Brazil.
The applicant was able to clearly articulate the value of his Australian courses to him at hearing. His oral testimony and that was consistent with the information in his student visa application as well as in the documents provided to the Tribunal. His testimony was also supported by job advertisements from Brazil for Industrial and Production manager roles confirming that advanced English and project management skills were required to secure such roles. The Tribunal accepts that applicant’s evidence as to his career aspirations and the value of his Australian courses to him and considers these to be strongly indicative of a genuine intention to stay in Australia temporarily.
The Tribunal also accepts the applicant’s evidence that his Australian courses are consistent with his previous qualifications from Brazil (in quality management and engineering) as well as his previous employment in Brazil (as a planning analyst in a multinational company) and in Australia. The Tribunal accepts that the applicant puts together quotes for joinery projects, including large projects, in his work in Australia. The applicant’s testimony in relation to each of these qualifications and roles is supported by education certificates and reference letters from employers.
In sum, the Tribunal considers that the courses studied by the applicant have a clear value to his future, which is indicative of an intention by the applicant to stay in Australia temporarily.
The applicant’s immigration history
Finally, the applicant’s evidence is that he has not had any visa (other than the student visa which is the subject of this review) refused or cancelled in Australia or any other country. He has not overstayed or failed to comply with a condition of a visa in Australia or any other country. There is no information before the Tribunal to suggest otherwise, including in the applicant’s movement records. The amount of time that the applicant has spent in Australia is not of concern to the Tribunal (as above). In sum, the Tribunal considers the applicant’s immigration history to be indicative of an intention by the applicant to stay in Australia temporarily.
Conclusion
The Tribunal considers the relevant circumstances, considered as a whole, to be strongly indicative of an intention by the applicant to stay in Australia temporarily. The Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, 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.
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. The following conditions may also be imposed in some cases (cl 500.611(2)): 8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).
There is no evidence before the Tribunal, including no evidence on the face of his movement or PRISM record, that the applicant has not previously complied with the conditions of his Australian visas.
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 are no other relevant matters to consider. The Tribunal is satisfied that the applicant meets the requirements of c500.212 (c).
Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 18 September 2025
Representative for the Applicant: Mrs Patricia Sedlacek Moraes (MARN: 1912250)
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.