Du (Migration)

[2020] AATA 2741

Du (Migration) [2020] AATA 2741 (4 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs. Jiajia Du

CASE NUMBER:  1825901

HOME AFFAIRS REFERENCE(S):          BCC2018/2935279

MEMBER:P. Adami

DATE:4 May 2020

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 04 May 2020 at 3:44pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – lack of travel home since arrival – applicant never started the originally proposed course –genuine temporary entrant criterion not met– using student visa to maintain ongoing residence –decision under review affirmed

LEGISLATION
Migration Act 1958, ss 65, 359, 360, 499
Migration Regulations 1994, r 1.03, Schedule 2, cl 500.212

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 29 August 2018 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 5 August 2018. 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.

3. 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(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations), because the delegate was not satisfied that the applicant genuinely intends to stay temporarily in Australia as a full time student.

4. On 18 March 2020, the Tribunal formally wrote to the review applicant pursuant to section 359(2) of the Act, inviting the applicant to provide further information to the Tribunal, including information as to her enrolment and being a genuine applicant for entry and stay as a student. The invitation was sent to the review applicant’s registered migration agent Ms. Billie Shi of Billie Shi Enterprise & Co., being the email address provided by the applicant in her 5 September 2018 ‘Application for review’. On 27 March 2020, the applicant filed with the Tribunal a completed ‘Request for Student Visa Information’ together with other supporting evidence.

5. In her completed Request for Student Visa Information, the applicant in the section headed ‘Hearing information’ consented to the Tribunal deciding the review without a hearing. The Tribunal is satisfied that the necessary consent has been given under s360(2)(b) of the Act, and that pursuant to s360(3), the review applicant is no longer entitled to appear before it.

6. It is appropriate to note that a decision maker is not required to make the applicant’s case. It is for the applicant to satisfy the Tribunal that the requirements of the Act and Regulations have been met. Although the concept of ‘onus of proof’ is  not appropriate to administrative decision-making, the relevant facts of the individual case have to be supplied by the applicant, in as much detail as is necessary to enable the examiner to establish the relevant facts.

7. In these circumstances, the Tribunal has proceeded to make a decision having regard to the information before it, including the information previously provided by the applicant to the Department and to the Tribunal.

8. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

9. 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 genuinely intends to stay in Australia temporarily as a full time student.

10. 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?

11. In considering whether the applicant satisfies cl.500.212(a), the Tribunal must have regard to Direction No.69, ‘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.

12. 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.

13. The applicant is a 42 year old Chinese female who travelled to Australia on a class FA-600 Tourist Visa on 5 May 2018. According to the delegate’s 29 August 2018 Decision Record, the applicant’s FA-600 Tourist Visa expired on 5 August 2018. On 5 August 2018,  the last same day her Tourist Visa was set to expire, the applicant applied for a Student (Temporary) (Class TU) Student (subclass 500) visa, and proposed to undertake a non Australian Qualifications Framework (AQF) General English course. The delegate states that this was to run from 27 August 2018 to 23 July 2019. It is the August 2018 application for a student visa and subsequent refusal by the delegate on 29 August 2018 that gives rise to the review application before the Tribunal.

14. The Tribunal has read and had regard to the documentation provided by the applicant to the Department. This relevantly includes; the applicant’s Application for a Student Visa dated 5 August 2018; a 1 August 2018 Genuine Temporary Entrant (GTE) Statement; a Bridging Visa A Grant Notice with a No Travel and No Work limitation commencing 5 August 2018 issued to the applicant.

15. The Tribunal has also read and had regard to the documentation provided by the applicant to the Tribunal. This relevantly includes; the delegate’s Decision Record dated 29 August 2018; a completed ‘Request for Student Visa Information’; a Confirmation of Enrolment (COE)  issued to the applicant for the non AQF award General English course at Lloyds International College with a course start date of 1 June 2020 and a course end date of 28 March 2021; Bank of China (Australia) Limited ‘Confirmation of Deposit Account’ dated 26 March 2020 showing account balance; letter from the applicant’s employer Guizhou XIAO Construction Scientific Eco Material Co. Ltd. dated 18 March 2020; copy of the applicant’s passport expiring 28 February 2023.

16. The applicant in her completed Request for Student Information lists prior to arriving in Australia that she had completed a Diploma between September 2003 and July 2005. The applicant then worked as a self-employed shop owner between September 2005 and March 2008. The applicant then worked as a “Purchaser” between April 2008 and September 2014. Since October 2010, the applicant has been employed by her current employer, Guizhou XIAO Construction Scientific Eco Material Co. Ltd. The Tribunal accepts this history.

17. The Tribunal is mindful that decision makers should have regard to the relevance of the applicant’s course to their proposed future employment either in their home country or a third country. The applicant in her August 2018 Application for a Student Visa states that she wished to study English so that she could improve her skills to assist her to sell her employer’s products and to build closer relationships with her customers. The applicant states, “I feel i couldn’t get to know them [the customers] close enough to develop further business relationship.” [original] In her August 2018 GTE Statement, the applicant states, “The Chinese employment market is getting more and more competitive these days. Being able to speak some English isn’t a very difficult thing for new graduate. I have working experience but lack of language advantage in the working market. In order to keep up and be able to further improve, I need to further my education and well equip myself.” These statements are consistent with the applicant’s answer in her completed Request for Student Visa Information. The Tribunal considers the applicant, in improving her English skills, will improve her general employment prospects in her home country, and that this weighs in favour of concluding the applicant is a genuine temporary entrant.

18. In her completed Request for Student Visa Information, the applicant where she is asked to provide details of the remuneration she expects to receive in her home county, or third country, using the qualifications she will gain from their current and/or proposed study refers to her answer that her current employer is keeping her position open for her. The applicant filed with the Tribunal an 18 March 2020 letter from her current employer evidencing that her job will be kept open for her. The employer states, “[the applicant] has worked as a Sale Representative for our company since October 2014. Our company gives full support for her to continue studying in Australia. We will keep her position open for her.” The Tribunal notes that in her 1 August 2018 GTE Statement, the applicant noted that, “with my employers’’ permission and support (they keep my job position open for me), and my husband’s support, I really want to focus on studying English for a year in Australia so that I will be able to do better in my job and further help my company to develop.” [original] This statement is also found in the applicant’s August 2018 Application for a Student Visa.

19. The Tribunal considers that the applicant’s employment status might act as a significant incentive to return to China, however, the applicant has not explained her failure in commencing the initially enrolled in General English course in August 2018 to the Tribunal. The Tribunal notes that the employer’s 18 March 2020 letter states “Our company gives full support for her to continue studying in Australia.” It is unknown to the Tribunal if the applicant’s employer knows that the applicant never began studying in Australia. The Tribunal considers that no weight can be given in this regard in concluding the applicant is a genuine temporary entrant by reason of her failure to explain her lack of study; given the applicant’s August 2018 statement to “focus on studying English for a year” which did not eventuate; and given the applicant’s employer apprehends that the applicant has studied and continues to study in Australia, and that this has not occurred.

20. The Tribunal notes that when the applicant applied for her Student Visa, she was originally proposing a course that would start in August 2018 and end in June 2019; however, the now proposed study would see the applicant complete her studies in March 2021. Since proposing to study in May 2018 and to her now intended course end date, the applicant will have spent nearly 3 years in Australia to complete a 9 month non AQF award course. The Tribunal considers that the applicant’s study history in Australia and failure to adequately explain it, weighs against concluding that the applicant genuinely intends a temporary stay in Australia.

21. The Tribunal has had regard to the reasons proffered for the applicant not to study in China or the surrounding region. The applicant in her completed Request for Student Visa Information sates, “I need not only learn English, but also our customer’s culture and way of thinking. I need to learn their background, hobbies etc. Australia is one of the closest business partner of China, we do business in many areas. I want to study English here so that not only will I improve my English, I could also get to know Aussies well.” [original] In her August 2018 GTE Statement, the applicant states, “I’ve tried to study English in China, but I intended to forget about it once I leave the classroom as I have nobody to practice it with, and I’m always drawn to my work.”

22. The Tribunal considers that the applicant’s stated motives to study in Australia are reasonable, given as set out to the Department, it was expected to be of a short and fixed duration. The Tribunal notes that the reasons proffered by the applicant for choosing to study in Australia are general in nature. The Tribunal considers given the applicant’s lack of study, little weight ought to be given to this factor for the applicant not undertaking similar studies in China or the surrounding region to China. The applicant has not studied and lived in Australia for 1 year and departed, but has lived in Australia and not studied which goes against her stated intention and reason for living in Australia.

23. The Tribunal notes that the applicant lists a property in China valued at $300,000; a car valued at $10,000 in China; savings of $20,000 in Australia; and a restaurant she owns in China valued at $120,000, as comprising her property or other significant asset owned by her.  The Tribunal notes that the applicant has not worked while living in Australia, and notes the No Work limitation on her Bridging Visa A. The Tribunal considers that the applicant’s economic ties might generally serve as a significant incentive for the applicant to return to her home country. The Tribunal notes that the applicant has been able to sustain her living expenses in Australia, which she lists in her completed Request for Student Visa Information at being approximately $1,540 per month, despite the No Work limitation attached to her Bridging Visa. The Tribunal accords little weight to this factor given the applicant has not studied as she stated she would and returned home after completing the initially proposed non AQF award course, notwithstanding she has earned no personal employment income while living in Australia.

24. The applicant states in her completed Request for Student Visa Information that her husband and daughter (born November 2008) live in China as that she has not seen them since travelling to Australia in May 2018. The Tribunal considers that the applicant’s husband and daughter might act as a significant incentive to return, however given the length of stay for study in Australia (now to March 2021) and that the applicant never started the non AQF award General English course proposed when she applied for the Student Visa, the Tribunal considers that the applicant’s family has not acted as a significant incentive to return.

25. In the completed Request for Student Visa Information, the applicant lists her community ties in China as, “we get together with high school friend, and travel overseas with some friends. My husband is a doctor and he’s very busy with his work. We haven’t been able to travel overseas together, but our family have travelled inland China to many places.” [original] Where asked to provide details of her community ties in Australia the applicant states, “I visited many places with Australian different groups.”

26. Where the applicant is asked in the Request for Student Visa Information to provide details of her contact with her family in China, and how often she contacts her family, the applicant answers, “We contact each other via wechat.” The Tribunal considers that the applicant has been able to manage relations overseas while living in Australia. The Tribunal considers that given the applicant can manage her family relations via phone technology and that she does not have strong community ties in China, the Tribunal does not consider the applicant’s personal ties to China act as a significant incentive to return home.

27. In her completed Request for Student Visa Information the applicant states that she has not travelled overseas since arriving on 5 May 2018. The Tribunal is mindful that the applicant has had a no travel limitation attached to her Bridging Visa since August 2018. The Tribunal also notes that there is no material before it of an application to have this limitation removed or that she has sought a Bridging Visa that permits overseas travel. Given the applicant’s husband and child reside in China, and that the applicant has not seen them since arriving first as a tourist in May 2018, the Tribunal considers that the applicant’s lack of travel home since arriving in Australia, demonstrates the applicant is more using the Student Visa program to maintain residence in Australia rather than the applicant genuinely intending a temporary stay in Australia.

28. The applicant states in her completed Request for Student Visa Information that there are no military service commitments that would present as a significant incentive for her not to return to her home country, and there is no political or civil unrest in her home country that may induce her to apply for a student visa as a means of remaining in Australia indefinitely.

29. There is no evidence regarding the applicant’s circumstances in his home country relative to others in that country and the Tribunal makes no findings concerning the applicant in that respect.

30. There is no evidence that the applicant has been denied a travel visa to another country or any conditions attached to a foreign visa. There is no evidence before the Tribunal that she has breached any visa from Australia or any conditions attached to an Australian visa.

31. Having considered all the information before it, on balance the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. The Tribunal considers that an applicant who is a genuine temporary entrant will have circumstances which support a genuine intention to remain in Australia temporarily. Despite the stated intention to study for 1 year and return home to her job, the applicant never started the originally proposed General English course. This is despite her husband and child residing in China; her job was kept open for her to do so; and her significant assets are in China. The applicant is proposing to study from June 2020 to March 2021, having arrived in Australia as a tourist on 5 May 2018. The applicant has not explained why she did not start to study the course in the August 2018. The Tribunal is concerned that the applicant is using the student visa program primarily in order to maintain ongoing residence in Australia. Accordingly, the applicant does not meet cl.500.212(a).

32. On the basis of the above, the Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl.500.212.

1. Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.

   DECISION

2. The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

3. P. Adami

   
   

   Member

   Attachment – Direction No.69

   DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS

   (Section 499)

   I, PETER DUTTON, Minister for Immigration and Border Protection give this Direction under section 499 of the Migration Act 1958 (the Act).

   Dated: 18 April 2016

   Peter Dutton

   
   

   Minister for Immigration and Border Protection

   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 of Direction No. 69 - Preliminary

   Name of Direction

   This Direction is Direction No. 69 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.

   It may be cited as Direction No. 69.

   Commencement

   This Direction commences on 1 July 2016.

   Interpretation

   Act means the Migration Act 1958.

   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’s temporary entrant criterion for Student visa applications in Schedule 2 to the Regulations.

   This Direction also applies to members of the Administrative Appeals Tribunal who review the decisions of primary decision-makers in relation to a Student visa or a Student Guardian visa application.

   The genuine temporary entrant criterion must be satisfied by all applicants who make an application for either a Student visa seeking to satisfy the primary criteria for a Student Guardian visa.

   Preamble

   The Australian Government operates a student visa programme 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 programme 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 of Direction No. 69 - 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.

   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 Subclass 500 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;

   dwhether 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.

   b.Previous travels to Australia or other countries, including:

   i.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;

   ii.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;

   iii.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

   iv.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 Subclass 500 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.