De Paula (Migration) - [2025] ARTA 2111

DE PAULA (MIGRATION) [2025] ARTA 2111 (24 SEPTEMBER 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Miss Bruna De Paula
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2413492

Tribunal:General Member S Waring
Place:Brisbane
Date: 24 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 24 September 2025 at 11:16am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – employment offer in home country – return visits to Brazil – property ownership – family ties in home country – multiple courses completed – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359, 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 10 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 applied for the visa on 9 November 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 24 May 2024 Ms de Paula applied for a Tribunal review of the delegate’s decision. She was assisted in the review process by Mr Castriota who also attended the hearing on 18 September 2025. An interpreter in the English and Portuguese languages provided assistance at the hearing. A number of documents were provided to the Tribunal for consideration, prior to the hearing. These are enumerated and discussed below.
Student visa application and delegate decision
On 23 June 2016 the applicant made her first trip to Australia on an Independent ELICOS Sector visa. She has travelled overseas since then as follows:
·4 April 2018 to 7 May 2018
·30 October 2019 to 9 November 2019
·5 March 2020 to 3 August 2022
·13 August 2023 to 22 August 2023
·25 September 2024 to 5 October 2024
·4 December 2024 to 22 January 2025.
The applicant’s student visa application was lodged, together with a supporting submission for her to undertake an Advanced Diploma of Civil Construction Design.
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 she is not a genuine applicant for entry and stay as a student. The delegate was concerned that the applicant has not used her numerous current qualifications to gain employment in her home country. The delegate was not satisfied that it had been clearly demonstrated that, by obtaining further qualifications abroad at this time, the applicant is likely to increase her career prospects and remuneration on return to Brazil.
Evidence before the Tribunal
On 25 July 2025 the Tribunal wrote to the applicant, a s 359(2) letter, which stated as follows:
As you applied for the visa based on undertaking a course of study in Australia, it is a requirement of the visa for you to be:
· enrolled in a registered course of study; and
· a genuine applicant for entry and stay as a student.
You will need to provide sufficient information to satisfy us that they meet both of these visa requirements.
Request to provide information
You are 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
In materials provided before the hearing, the applicant submitted the requested information form to the Tribunal together with her own statutory declaration explaining how she intends to put her new skills to work when she returns to Brazil. Therein she states that:
·while her work and educational background has been in information technology (process analysis and project management) the Advanced Diploma of Civil Construction Design aligns with her long-term career goals
·her knowledge and experience in information technology gives her a strong foundation to transition into construction design when she returns to Brazil - where digital and sustainable solutions are in demand
·upon returning to Brazil, and having a job offer already in place, she intends to work in (or lead) civil construction and design projects, combining her IT skills with the construction expertise she gains by studying in Australia
·the responsibilities of the job she has been offered directly align with subjects she is studying, including preparing infrastructure design documentation (in accordance with technical standards), conducting material and cost analyses, and collaborating with engineers and project teams to ensure safe and efficient execution of civil works
·the course she is studying in Australia has direct relevance to the Brazilian employment market and she intends to return there to pursue her career.
In support of other contentions relating to her stay in Australia being of a temporary nature only, the applicant outlines her family (and other) circumstances as follows:
·she owns a residential unit in Brazil where she will live upon return
·she has immediate family living in Brazil (father and brother) with whom she maintains close contact
·she continues to pay her private health insurance premiums in Brazil
·pandemic border closures between March 2020 and August 2022 prevented her return to Australia and delayed her academic and professional plans
·she has complied with all previous visa conditions - never overstaying her visa or working unlawfully.
Other documents included in the pre-hearing materials are as follows:
·a statement of attainment for the Advanced Diploma of Civil Construction Design showing 9 units completed
·a statement of attainment (on completion of Certificate IV in Project Management Practice)
·a statement of attainment (on completion of the Diploma of Systems Analysis and Design)
·a statement of attainment (on completion of the Diploma of Leadership and management)
·academic transcripts for the years 2009 to 2018
·a certificate conferring Associate Degree (on completion of Tertiary Technology Course in Information Technology for Business Management)
·a certificate of completion for General English 2 course
·flight tickets to return to Brazil on 10 November 2025
·insurance and invoice documents showing her address in Brazil
·deed of the estate of Marcia Consuelo de Oliveira Paula
·job offer letter (from Rômulo de Freitas Alves – Engineer at Alphamax Engineering).
The Tribunal also has before it records from the Provider Registration and International Student Management System (PRISMS) relating to the applicant’s enrolments, and her movement records which set out her immigration history in Australia.
The hearing
At the commencement of proceedings on 18 September 2025, the Tribunal noted that the issue before it is whether the applicant meets the genuine temporary entrant criterion in ‘the regulations’ per cl 500.212. The requirements (set out in the Tribunal’s letter of 25 June 2025) and Direction No.108 (the Direction) were raised.
Ms de Paula answered questions addressed to her by the Tribunal consistently with the information above and in detail. The applicant elaborated on the statements and submissions set out above – stating that:
·she has had a varied career in Brazil, related to technology and supports technique. None of these roles was construction -related. After 10 years of continuous employment in IT-related jobs (and moving around with in the sector) she ran out of work opportunities that could maintain her interest. She decided on a change to her career direction that would allow her to build on her skill set and qualifications
·she undertook a lot of research into the job market in Brazil and found a wealth of opportunity in the civil construction sector
·while she did find some institutions offering civil construction courses in Brazil, she assessed the international courses as being superior. Further, she would receive greater remuneration from corporate employers if she could do the job ‘in English’. She has completed studies in General English in Australia
·having attended 12 or 13 job interviews remotely, she was offered two positions in Brazil. She was interviewed by Alphamax 8 months ago and has accepted their offer of employment. Alphamax is her employer of choice because it works across different construction segments and will accelerate her skills growth
·she has returned to Brazil almost every year to visit family. Her father (74 years old) is ailing and she wants to care for him - he is no longer able to manage the tiring 36 hour flights to Australia to visit her
·she is the legal owner of an apartment in Brazil. This will be her residence when she returns to her home country.
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 was awarded an Associate Degree in 2012 from Faculdade Estadual de Tecnologia de Sao Paulo – ZS and has completed Diploma and certificate courses since then. The current study in the Advanced Diploma of Civil Construction Design course appears to be at a commensurate level with Ms De Paula’s tertiary study in Brazil.
As stated above, the applicant applied for this student visa to study the Advanced Diploma of Civil Construction Design. Based on the supporting statements (and job offer letter), the Tribunal accepts that civil construction expertise is part of the necessary skillset for the work (and in the role) Ms de Paula will be undertaking at Alphamax. This indicates to the Tribunal that the applicant’s motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
The Tribunal places significant weight on the flight arrangements made by the applicant to return to Brazil shortly after her completion of the Advanced Diploma of Civil Construction Design.
Ms de Paula has provided evidence to the Tribunal, from the education provider, that she has successfully completed 9 units in the Advanced Diploma of Civil Construction Design and is on-track to complete the course this semester.
At hearing the Tribunal found the applicant to be a reliable and forthcoming witness. She was able to provide detailed and thoughtful evidence about her courses of study, her reasons for studying in Australia, her plans for the future and her personal motivations.
The applicant‘s consistent and detailed oral evidence as to her reasons for choosing to study in Australia is accepted. The Tribunal notes that Ms de Paula has family ties in Brazil, including a brother and father. The Tribunal is satisfied that she wishes to live closer to them (and to spare her father the rigours of the international flights he has been taking to visit her in Australia). The Tribunal considers that these factors are indicative of a person who is only a temporary entrant and wishes to return to their home country.
Evidence before the Tribunal, including from PRISMS, indicates the applicant has successfully applied herself to studying her Australian courses. The Tribunal is satisfied that on occasions when her enrolment in a course has been cancelled (between November 2020 and July 2023) there were pandemic travel restrictions in place which disrupted her studies. As such, the Tribunal does not place undue weight on the applicant’s failure to complete the Diploma of Information Technology which was to have commenced in September 2022.
The Tribunal accepts the applicant’s evidence that, having fallen behind in some assignments due to a short (emergency) return trip to Brazil at the end of 2024, she is now undertaking additional catch-up work.
The Tribunal considers that these matters are strong evidence that the applicant is in Australia for the purposes of study as she claims and is not using the student visa program to maintain residence in Australia for a purpose unrelated to study. The Tribunal weighs the factors listed above strongly in her favour.
As to the applicant’s circumstances in her home country, no evidence has been presented that the applicant’s economic circumstances would present as a significant incentive for her not to return to Brazil. 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 her 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 her student visa with the applicant. She was aware of these conditions, giving evidence of her understanding of the work limitation that applies, and the requirements that she engage in her study. Ms de Paula expressly stated that she would comply with the conditions attached to her student visa. The evidence before the Tribunal is that the applicant has abided by conditions of the visa issued to her on 16 August 2024.
On the basis of the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).
Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?
For the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). There is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Date of hearing(s):18 September 2025
Representative for the Applicant: Mr Carllo Castriota
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.