Domingo (Migration)

[2024] AATA 3200

Domingo (Migration) [2024] AATA 3200 (27 August 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Lorna Lazo Domingo
Mr Ramonito Farinas Domingo

REPRESENTATIVE:  Mr Mehmet Celepci (MARN: 0636137)

CASE NUMBER:  2302522

HOME AFFAIRS REFERENCE(S):          BCC2022/5523700

MEMBER:Gabrielle Cullen

DATE:27 August 2024

DECISION:The Tribunal remits the applications for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 (Student) visa:

·cl 500.212 of Schedule 2 to the Regulations.

Statement made on 27 August 2024 at 2:29pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – current enrolment with one course completed and another in progress – current work and consistent evidence and detailed plan for business in home country – airline tickets purchased – member of family unit – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212(a)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 14 February 2023 to refuse to grant the applicants Student (Temporary) (Class TU) visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicants applied for the visas on 22 December 2022. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The primary visa applicant (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.

3. The applicants arrived in Australia on subclass 600 Visitor visas on 9 August 2002 valid to 9 February 2023. The applicant previously visited Australia on a subclass 600 Visitor visa from 26 February 2019 to 12 March 2019

4. Confirmation of Enrolment documents (CoEs) attached to the application for the visa refer to the applicant studying a Certificate III in Early Childhood Education from 27 Janaury 2023 to 24 Janaury 2024 followed by a Diploma of Early Childhood Education and Care from 25 Janaury 2024 to 30 Janaury 2025. She has provided evidence to the Tribunal from the education provider that she has successfully completed the Certificate III in Early Childhood Education and has completed 6 units towards the Diploma of Early Childhood Education and Care as at 5 August 2024.

5. The applicant is 56 years of age and her spouse, the second named applicant is also 56 years of age. Both are from The Philippines.

6. In an attached genuine temporary entrant statement, the applicant claimed they came to Australia to visit and while she was in Australia, she was encouraged to undertake vocational education as Australia has a quality educational system and as it would advance her job prospects. She claimed she was convinced and enrolled to study childcare so she can set up her own childcare business. She chose this education program as it is relevant to her future path to open an early childhood education centre. She described the courses she is studying in detail as well as outlining why she chose the education provider. She noted that previously she has travelled to Australia, Singapore and Malaysia and her partner has visited Australia and Singapore and they have obeyed the visa conditions.

7. The delegate decided to refuse to grant the visas on 10 February 2023 because 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 the applicant is not a genuine applicant for entry and stay as a student. The delegate was concerned that the applicant was studying at a lower level to that studied in The Philippines, and why she has not addressed the gap in her study previously. She was concerned at the significant family ties to Australia and that she has not provided information as to her childcare business in The Philippines. She was also concerned that the applicant arrived in Australia on a Visitor visa and then applied for a Student visa.

8. The applicants applied to the Tribunal for review on 14 February 2023 and attached the decision of the Department.

9. On 19 April 2024 the Tribunal wrote the applicants a s 359(2) letter, which stated as follows:

   As you applied for the visas on the basis of undertaking a course of study in Australia, it is a requirement for the visa for one of you (the main applicant) to be:

   ·enrolled in a registered course of study; and

   ·a genuine applicant for entry and stay as a student.

   Accordingly, you will need to provide sufficient information to satisfy us that you meet both of these visa requirements and you are now invited to give, in writing, all relevant information about the course(s) of study the main applicant is undertaking and their entry and stay in Australia as a student. Specific details about the information requested is set out in the Request for Student Visa Information form which you can access by clicking on the link below.

10. The Tribunal also advised that in considering whether one of applicant is a genuine applicant for entry and stay as a student, the Tribunal must have regard to Ministerial Direction No.69 ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’ and attached a copy. This has since changed to Ministerial Direction No. 108 (as attached). The Tribunal raised at hearing the content of Ministerial Direction No. 108 and noted it is essentially the same as Ministerial Direction No. 69 as to matters to consider when determining whether the applicant is a genuine applicant for entry and stay as a student.

11. In response the applicant provided a completed form including the following additional information relevant to the GTE criteria. She currently works as an early childhood educator at Montessori Academy and has been doing so since January 2024. She has one sister in The Philippines and another in the USA and is a member of her church choir. They own a car in the Philippines. Her husband’s sister is a citizen and lives in Australia.

12. As to her employment plans, she notes the following.

    I have decided to do this course to start a childcare business in the Philippines upon completion of my Diploma with assistance of my sister-in-law. We plan to cater for the children of overseas people (Australians, Americans, Europeans, etc.) assigned to work in Manila.

    The usual charge for a baby or a child in childcare is around 300 AUD. We plan to have 4 babies or infants, 10 toddlers, 10 preschoolers, and 8 after-school students. We plan to employ 4 full time carers and 1 casual carer for the after-school care. We can earn 7000 AUD gross per month and we have plans to accept more children as the business progresses.

13. She expects to earn $7000AUD per month with her sister-in-law.

14. She has no concerns about military service commitments or political or civil issues in her home country.

15. She provided a reference letter dated 15 April 2024 from her current employer indicating that she is an employee on a casual basis as an early childhood educator.

16. She provided a further detailed submission dated 17 August 2025 noting that she and her spouse intend to stay temporarily in Australia as they are going to build a Childcare business with Dr Jocelyn Domingo-Bates and Professor Paul Bates, which they will open in January 2025. She notes:

17. She notes that she will finish her study in January 2025 and is working as a part-time early child educator. She lives with the second named applicant in the apartment rented by the second named applicant’s sister, Dr Jocelyn Domingo-Bates, who stays there when she is on call at the hospital. She notes that they both were victims of Covid and lost their jobs in the Philippines. The applicant was office coordinator and human resources assistant in a pharmaceutical industry that caters to children. Due to their age they struggled to find work. The second named applicant’s sister invited them to Brisbane, and they were thinking of a way to move forward and they thought of the childcare business. They knew from the start they could not stay in Australia permanently and she notes the exposure and education she has received can help her to start a childcare business. She notes Dr Jocelyn Domingo-Bates and Professor Paul Bates will invest in this business and she attached a business plan for Kultura Early Learning Centre. She said that they did not undertake courses in the Philippines as they are short-term courses that run for 8 to 12 weeks, and they wanted to undertake more extensive courses to succeed in the business they are creating. She submits that working in childcare in Australia will serve as a foundation for the business of Kultura Early Learning Centre. They have one asset a car and live with the applicant’s sister in Quezon City.

18. She also attached the following documents.

    ·Aeroplane tickets for the applicants to return to the Philippines on 12 February 2025.

    ·Detailed Business plan for Kultura Early Learning Centre signed by the applicants, as well as Professor Paul Bates and Dr Jocelyn Domingo Bates.

    ·Evidence of Business Name Registration for Kultura Early Learning Centre from the Department of Trade and Industry, Republic of Philippines.

    ·Letter from Stella Marie Lazo Chan, the applicant’s sister dated 31 July 2024 granting permission for a portion of the home in Quezon City to be used as a licensed childcare business, Kultura Early Learning Centre.

    ·Letter from Dr Jacelyn Domingo Bates dated 16 August 2024 noting she lends her full support to the applicants. She notes she moved to Australia in 2006 and married Professor Paul Bates and they have a daughter. She attached her birth certificate, marriage certificate and Australian citizenship certificate. She notes that the applicants can never permanently stay Australia due to their age and she has been planning to start a childcare business in the Philippines. She notes childcare has helped her with her daughter and it is a facility that they did not have in the Philippines then.

    She notes that together with her husband they are directors of the neonatal and paediatric care unit, a private practice clinic at the Martyr Hospital in Brisbane. While they do not need another business they are keen to support the applicants to develop a childcare business which they are sure will grow significantly due to the increasing number of dual income families.

19. The applicant appeared before the Tribunal by video on 26 August 2024 to give evidence and present arguments. The second named applicant did not attend. Their representative attended the hearing.

20. The Tribunal noted that the issue before it is whether she meets the genuine temporary entrant criterion as per cl 500.212. It outlined these requirements and Direction No.108. It noted the change from Direction 69 but that the new Direction 108 was essentially the same as Direction 69.

21. She confirmed that her air tickets are not flexible.

22. She answered consistently with information above and in detail about her business plan for opening a childcare centre on return to The Philippines.

23. She has 4 months of her course left and then will depart as per the airline tickets.

24. There are no civil and/or political issues which will act as a disincentive to return.

25. Her sister is in The Philippines and her husband’s sister is in Australia, with his father in Australia on a temporary visa.

26. She answered questions in detail and consistent with the above.

    CONSIDERATION OF CLAIMS AND EVIDENCE

27. 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 whether the applicant meets cl 500.212(a).

28. 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

29. 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.

30. 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.

31. 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 the applicant not to return to The Philippines. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely. There is no evidence before the Tribunal of military commitments that would present as a significant motive not to return. It accepts her evidence as to her reasons for choosing to study in Australia. The Tribunal notes that she has family ties in The Philippines, including her sister. She owns a car which is in The Philippines. The Tribunal considers that these factors are indicative of a person who is only a temporary entrant and wishes to return to their country.

32. Of concern is that her sister-in-law is in Australia, and she together with her husband are financially supporting the applicants. Her father in-law is also in Australia, albeit on a temporary visa.

33. The evidence indicates that the applicant has been continuously enrolled successfully completing courses while applying for a student visa. Since the application for the visa, she has completed the Certificate III in Early Childhood Education and will complete the Diploma of Early Childhood Education and Care on 30 January 2025. The Tribunal accepts that she has been continuously enrolled, successfully completing courses and achieving course progression which is indicative of a genuine student.

34. The Tribunal also accepts her evidence as to the value of the courses to her future. She has provided detailed and consistent oral and written evidence as to her future employment plans and the value of studying these courses to her future. While of some concern is her age, at 57 entering a new career path, the Tribunal is persuaded by the support letters from her sister and brother-in-law in Australia, both Doctors working in the paediatric area, that she is genuine as to her claims of wanting to open an early childhood care centre on return. That she is currently working in the area supports that she is genuinely studying for a future career aim.

35. The applicant has indicated that she will return to The Philippines on completion of the Diploma of Early Childhood Education and Care. She has provided airline tickets to return in February 2025 on completion of the course which she says are not flexible. The Tribunal notes no evidence has been presented that she will need to stay further in Australia to study for her future career aim following completion of this course on 30 January 2025 and should she choose to do so and present a further application for a student visa or enrolment in a further course this would be of concern.

36. As to the applicant’s immigration history, the Tribunal accepts her reasons as to why she applied onshore after initially arriving on a Visitor visa. It accepts she has previously visited Australia and other countries and complied with the laws.

37. On the basis of the above and having considered the applicant’s circumstances, immigration history, and other matters it considers relevant, 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?

38. 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.

39. 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).

40. The evidence before the applicant is that she has abided by conditions of the visas she has held to date.

41. 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?

42. 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)

43. 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.

44. 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

45. The Tribunal remits the applications for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 (Student) visa:

    ·cl 500.212 of Schedule 2 to the Regulations.

    Gabrielle Cullen
    Senior Member

    
    

    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.