Huang (Migration)

[2019] AATA 2644

Huang (Migration) [2019] AATA 2644 (28 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Meifen Huang

CASE NUMBER:  1724466

HOME AFFAIRS REFERENCE(S):           BCC2017/2598648

MEMBER:Glenn O'Brien

DATE:28 May 2019

PLACE OF DECISION:  Brisbane

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

·cl.500.212 of Schedule 2 to the Regulations.

Statement made on 28 May 2019 at 5:03pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – study history – consistent with work experience and stated career goals – satisfactory academic progression – likely to improve employment prospects and level of remuneration – decision under review remitted

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

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection on 20 September 2017 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 21 July 2017. 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 applicant provided the Tribunal a copy of the delegate’s decision record. 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 (the Regulations) because the delegate was not satisfied the applicant intends genuinely to stay temporarily in Australia.

4. The applicant appeared before the Tribunal on 23 May 2019 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Mandarin and English languages.

5. The applicant was assisted in relation to the review by their registered migration agent.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. 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 is a genuine temporary entrant for entry and stay as a student.

8. 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?

9. 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.

10. 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.

11. Adopting the procedure in s.359AA of the Act, the Tribunal put to the applicant that it had on the Tribunal file a copy of the applicant’s enrolment records from the Provider Registration International Student Management System (PRISMS) database.  For completeness, the Tribunal provided the applicant with a copy of the PRISMS summary of enrolment.  The Tribunal explained to the applicant the relevance of the records to the review before the Tribunal. The Tribunal explained the consequences of relying on the information and confirmed the applicant understood the consequences of the information being relied upon. The Tribunal offered the applicant an opportunity to seek an adjournment to consider the information and comment on or respond to the information.  The applicant did not seek an adjournment and elected to comment on and to respond to the information during the course of the hearing.

12. The applicant arrived in Australia on 29 May 2017.

13. The Tribunal considered whether the applicant has reasonable reasons for not undertaking the proposed study in her home country if a similar course is already available there. The applicant stated that there were similar courses in Singapore and she has completed an International Diploma in Tourism and Hospitality Management, however the course is theoretical and offers no practical training.  In addition the courses in Australia provide the applicant with an international qualification and the opportunity to study in English.

14. The applicant does not have immediate family in Singapore.  She left Singapore about 12 months after the divorce from her partner.  Her father, mother, and brother reside in China and she remains in contact with them frequently via WeChat. The applicant married in Australia in 2019 to a dual Australian/Taiwanese partner and now has a step-son aged six who also resides in China.

15. The applicant has significant assets in Singapore and previously had her own business.  The applicant has extensive previous work experience in the hospitality industry, and in sales roles both in China and Singapore.  In the applicant’s previous role prior to travelling to Australia the applicant earned SG$96,000 and anticipates earning a higher income in management positions within five star hotels in Singapore.

16. The applicant does not work in Australia and receives income from her property in Singapore and China which is rented as well as interest from various term deposits totalling approximately AU$4,000 per month.

17. The applicant has travelled to both China and Singapore in 2019 for a total period of approximately 23 days.  The purpose of travel was to visit family and friends.

18. The applicant does not have any military service commitments in Singapore and there are no circumstances of political or civil unrest in Singapore that may induce the applicant to apply for a visa to remain in Australia indefinitely.

19. In considering the applicant’s circumstances in their home country, on the basis of the evidence before the Tribunal, the Tribunal finds:

    a.The applicant provided reasonable reasons for not undertaking the proposed course of study in their home country.

    b.The applicant does not have family ties to Singapore but does have family ties to China.  Given the applicant’s evidence that it is her intention to return to Singapore and not China for work, the length of time the applicant has been in Australia, the applicant’s husband being a permanent resident in Australia, and the uncertainty of any arranged prospective employment upon their return the Tribunal finds these circumstances are not a significant incentive to return.

    c.The applicant has significant unencumbered property in both China and Singapore which provides the applicant with a source of income while studying.  The applicant does not currently work in Australia and has a history of engaging in paid full-time employment in China and Singapore.  In considering the applicant’s economic circumstances as a whole, these do not act as a significant incentive not to return home.

    d.The applicant does not have any military service commitments which would provide a significant incentive not to return home.

    e.There is no evidence before the Tribunal of political and civil unrest in the applicant’s home country of such a nature that may induce the applicant to apply for a student visa to obtain entry to Australia to remain indefinitely.

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

20. The applicant is married to a dual Australian/Taiwanese partner.  The applicant does not engage in paid work in Australia and told the Tribunal she has made friends through her study and also socialises with her husband’s work colleagues.

21. The applicant, since arriving in Australia has continued enrolment in a series of courses of full-time study and has completed a Certificate I and II in Spoken and Written English, before immediately enrolling in a Diploma of Hospitality Management and an Advanced Diploma of Hospitality Management.  The applicant’s proposed course of study would end in February 2021.

22. The applicant has previously undertaken two years of English Studies in China and completed an International Diploma in Tourism and Hospitality Management.  The applicant told the Tribunal while they may seem similar courses to her study in Australia, they were conducted in the Chinese language and did not provide the applicant with the exposure to English that studying in an English speaking country does.  In relation to the diploma the applicant told the Tribunal it consisted of only eight units and was entirely theoretical in its teaching method with no practical components.  The Tribunal accepts the applicant’s evidence in relation to these matters.

23. The applicant had a good knowledge of her current and intended study, the components and subjects of those courses and her living arrangements in Australia which she intends to continue during her course of study.

24. In considering the applicant’s potential circumstances in Australia the Tribunal finds:

    a.The applicant has ties to Australia through her marriage to an Australian citizen, her study, and the friendships she has formed with other students and work colleagues of her husband.  Given the period of time the applicant has been in Australia, the Tribunal is satisfied the applicant has developed friendships in Australia through work and study and considers this social and emotional connection to Australia provides a strong incentive to remain.

    b.The applicant’s pattern of enrolment and completion of the courses in which she has enrolled, indicates the applicant is genuinely studying and those studies are consistent with the applicant’s previous work experience and stated career goals and aspirations and does not evidence the student visa programme is being used to circumvent the intentions of Australia’s migration programme.

    c.The applicant’s student visa application is not being used primarily to maintain ongoing residence in Australia.

    d.The applicant has a good knowledge of living in Australia, primarily through the length of time the applicant has been in Australia, her marriage to an Australian citizen, her study and the friendships she has formed. 

    e.The applicant has a good understanding of the proposed course of study, education provider and her current study and living arrangements in Australia.

25. The applicant told the Tribunal that the proposed courses of study will not only provide specific industry qualifications in management but will also improve the applicant’s English language skills.

26. The applicant told the Tribunal that prior to travelling to Australia that she had applied for a number of management positions within hotels in Singapore and because her existing qualifications were undertaken in Chinese she was not competitive for those roles as international hotels in Singapore are focused on English speaking guests. 

27. The applicant told the Tribunal that if she were to return to Singapore she would be able to obtain employment however the completion of her proposed qualifications would enable her to obtain higher paid management level roles within her industry of choice.

28. The applicant’s proposed courses of study are consistent with the applicant’s existing qualifications and education.

29. The applicant told the Tribunal that Singapore has a low rate of unemployment and educated workers, particularly those with English language skills can quite easily obtain employment in Singapore.

30. The applicant told the Tribunal that she has obtained a prospective position in Singapore but has a wide social network in Singapore and is confident of securing employment upon her return to Singapore at the completion of her courses of study.

31. The applicant’s proposed courses of study are consistent with the applicant’s previous work experience within both the hospitality industry and in sales roles generally.  The courses are of relevance to the applicant’s future career aspirations and the Tribunal accepts that the applicant’s proposed qualifications, if obtained, will be of assistance in improving the employment prospects of the applicant within the hospitality sector in Singapore.

32. The applicant provided the Tribunal information in relation to average salaries in Singapore and the Tribunal accepts the applicant’s evidence that the applicant previously earned a higher income in Singapore than what she would expect to earn in Australia with similar qualifications. 

33. In considering the value of the proposed course of study to the applicant’s future the Tribunal finds:

    a.The applicant’s proposed courses of study are consistent with her current level of education.

    b.Given the applicant’s previous history of employment and the qualifications already obtained, the Tribunal finds the current proposed course of study will assist the applicant in relation to improving her prospects of employment in management roles in the hospitality industry in Singapore.

    c.The applicant’s proposed courses are relevant to both the past and the proposed future of the applicant in her home country, as they are a natural progression of the qualifications already attained by the applicant and she has demonstrated reasonable academic progression since undertaking study in Australia in 2017.

    d.The remuneration the applicant can expect in her home country is higher than the applicant can expect to earn in Australia with similar qualifications.  The applicant’s income in Singapore prior to travelling to Australia was higher than the average income in Australia and the applicant’s proposed qualifications, if obtained, are likely to improve the applicant’s employment prospects and level of remuneration in Singapore.

34. The applicant told the Tribunal she has not applied for any other visas in Australia and does not intend to do so.

35. Other than the applicant’s student visa under review by the Tribunal, the applicant told the Tribunal she has no undecided, refused, or cancelled visas for Australia or any other country.

36. The applicant told the Tribunal that she has travelled to Indonesia, China, South Korea, the United States and Vietnam.  The applicant told the Tribunal that she has also obtained a tourist visa for Canada but did not travel there.

37. The applicant told the Tribunal she has not been in breach of any visa conditions for any country to which she has travelled and has complied with the immigration laws of those countries.

38. The applicant has been in Australia since 29 May 2017 and has undertaken a series of relatively inexpensive and short courses in the vocational education sector.  The applicant has however progressed academically and completed the courses in which she has previously enrolled.  The applicant’s pattern of enrolment is consistent with the applicant’s stated career intentions and previous work experience and qualifications. 

39. In considering the applicant’s immigration history for the purposes of this application, the Tribunal finds:

    a.Other than the Australian visa applications set out in the delegate’s decision record the applicant has not applied for other visas to Australia or any other country other than those countries set out above to which she travelled for the purposes of tourism.

    b.Other than the current application for a visa under review by the Tribunal the applicant has not had any visas refused, cancelled or undetermined.

    c.The applicant has complied with the immigration laws of other countries to which she has travelled.

    d.Except for the return travel to Singapore and China, as set out above, the applicant has not travelled to other countries from Australia or to Australia from other countries since arriving in 2017.  

    e.The applicant has been in Australia since 2017 undertaking a series of short and inexpensive courses following her arrival for the purposes of a short stay as a visitor.  The applicant has enrolled in a number of courses that have all been completed and now proposes to complete a Diploma and Advanced Diploma of Hospitality Management.  The applicant’s proposed courses would extend her stay in Australia which is not unreasonable when considering she would have completed two certificates in spoken and written English and a Diploma and Advanced Diploma of Hospitality Management which are consistent with the applicant’s previous work experience and stated career goals and aspirations. For these reasons the Tribunal finds the applicant is using her student visa for study in Australia. 

40. The applicant is not a minor and it was not necessary to consider the intentions of the parent, legal guardian or spouse of the applicant.  There was no evidence before the Tribunal in relation to these matters and the Tribunal makes no such findings.

41. As required by Ministerial Direction No.69, the Tribunal invited the applicant to make submissions in relation to any other relevant matter for the purposes of assessing the application.  No other relevant matters were raised by the applicant at the hearing.

42. The Tribunal had regard to all the factors in Ministerial Direction No.69 in considering the applicant’s circumstances as a whole and in making its findings and 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?

43. 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.

1. 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).

2. The applicant told the Tribunal that she intends to comply with any visa condition imposed and the applicant’s record of compliance with previous visa conditions does not indicate otherwise.

3. 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?

4. 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)). No other relevant matters were raised by the applicant.

5. 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.

6. 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

7. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

   ·cl.500.212 of Schedule 2 to the Regulations.

   Glenn O'Brien
   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.