Jayamaha (Migration) - [2025] ARTA 905

JAYAMAHA (MIGRATION) [2025] ARTA 905 (1 MAY 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms Aruni Prasangika Jayamaha
Respondent:  Minister for Immigration and Multicultural Affairs
Tribunal Number:  2403152

Tribunal:General Member J Ermert
Place:Melbourne
Date: 1 May 2025
Decision:The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.

Statement made on 01 May 2025 at 10:28am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – repeated course due to college’s teaching staff shortage – value of course to career change – plans to establish a business – family ties in home country – decision under review remitted
LEGISLATION
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024
Migration Act 1958, ss 65, 499; Direction No 108
Migration Regulations 1994, Schedule 2 cls 500.212, 500.611
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 7 February 2024 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicant applied for the visa on 8 September 2023. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the delegate was not satisfied the applicant is a genuine applicant for entry and stay as a student.
In particular, the delegate was not satisfied the applicant intends genuinely to stay in Australia temporarily as required by cl 500.212(a), because the delegate was not satisfied the economic or financial incentive for the applicant to return to Sri Lanka outweighs the financial incentive for her to remain in Australia. The delegate was also not persuaded that the applicant’s proposed courses of study would add value to her future career goals or increase her earning potential, having regard to her prior experiences in Sri Lanka where she had already completed a Diploma of Hairdressing in 2006 and also worked as a salon manager full time between March 2017 to August 2022, and then part time from August 2022 until her departure from Sri Lanka in June 2023.
The applicant applied for review of the delegate’s student visa refusal decision with the Administrative Appeals Tribunal (‘AAT’) on 22 February 2024.
On 14 October 2024, the AAT became the Administrative Review Tribunal (‘the Tribunal’). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (‘the Transitional Act’), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT.
The applicant appeared before the Tribunal on 22 April 2025 to give evidence and present arguments.
The applicant was assisted in relation to the review, although the applicant’s representative did not attend the hearing.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
CLAIMS AND EVIDENCE
The applicant is a 51 year old Sri Lankan national, and she is married with one daughter. Her husband, who lives in Sri Lanka, has worked for many years in the banking and finance industry. Currently he is a branch manager for Pan Asia Banking Corporation in Sri Lanka. Her father has passed away, and her elderly mother who has lived with her family for the last 20+ years, also remains in Sri Lanka. Her daughter, who holds a Bachelor degree in biomedical science from Deakin University, is working at a medical centre as the holder of a Class VC Subclass 485 graduate visa, after which her daughter’s plans are to return to Sri Lanka and work in a hospital as a biomedical scientist and researcher.
The applicant is living with her daughter at the moment. She has daily contact with her husband and mother in Sri Lanka on WhatsApp.
Movement records maintained by the Department indicate the applicant last arrived in Australia on a Class FA Subclass 600 visitor visa on 27 June 2023. Prior to that, she has entered and departed Australia multiple times on the same visitor visa.
The applicant is enrolled in a suite of courses at the Melbourne College of Hair and Beauty (‘MCOHB’) that includes Certificate III in Hairdressing, Certificate IV in Hairdressing and Diploma of Salon Management. She is currently studying the Certificate III in Hairdressing with an anticipated completion date of 27 June 2025, while the Certificate IV in Hairdressing and the Diploma of Salon Management will take place between 23 July 2025 to 13 March 2026, and 18 March 2026 to 16 October 2026, respectively.
Information from the Provider Registration and International Student Management System (PRISMS) indicates the applicant has also completed Certificate III in Hairdressing at MCOHB previously between the period of 20 September 2023 and 29 November 2024. When asked why she is repeating the Certificate III in Hairdressing if she had already completed it in November 2024, the applicant claimed that is not quite correct. Although she was enrolled in Certificate III in Hairdressing at the time, she and many other students did not complete the course by the nominal course end date of 29 November 2024 and had to be extended to the current enrolment intake due to delays in many of the units arising from the College’s teaching staff shortage at the time.
The applicant’s claimed education and work history in Sri Lanka, and her reasons for applying for a student visa to study the aforementioned courses at MCOHB, can be summarised as follows. After completing her secondary school education, the applicant commenced working in the banking sector in 1996. Although her real passion was in hairdressing and for which she did a Diploma of Hairdressing in 2006, she did not pursue it further because her career in the banking sector was more lucrative and stable, and she needed the extra money to support her mother after her father passed away.
To develop professionally in support of her banking career, the applicant has completed a number of relevant qualifications that included Diploma of Marketing Management, Diploma of Banking and Finance, Executive Diploma in Banking Management, and Master of Business Administration. She also did well career-wise, and she was promoted to Assistant Relationship Manager at the DFCC Bank Plc in 2013. Despite the applicant’s progression in banking, hairdressing remained her real passion, and she remained connected to it by always returning to the Thushari Rodrigo Hair and Beauty Salon where she did her Diploma of Hairdressing during her holidays to observe how things were done and help with basic things like blow-drying hair to compensate for her inability to pursue her passion.
In 2017, after more than 20 years in the banking sector, the applicant decided it was finally time for her to do something about her passion. She resigned from her job at the DFCC Bank Plc and took up a full time job as the salon manager of Thushari Rodrigo Hair and Beauty Salon. In August 2022, she reduced her salon manager role from full time to part time and picked up another job at Hasitha International because of the better pay condition, and she continued saving for her dream of establishing her own salon business one day.
When asked by the Tribunal how she managed to become the salon manager at Thushari Rodrigo Hair and Beauty Salon if her prior experience (apart from the Diploma of Hairdressing) was exclusively in banking and finance. The applicant explained her role as a salon manager did not involve providing hairdressing services, which she was not allowed to do without practical industry experience. Rather, she used her financial management and marketing skills to manage and expand customer base and undertake business promotions. She also managed customer bookings, cashflow, stock, and other financial aspects of the salon. Otherwise, her hairdressing involvement was limited as always to basic tasks such as blow-drying.
The Tribunal and the applicant discussed why she decided to study hairdressing courses in Australia and how the courses would provide her with skills she did not already learn in Sri Lanka from her 2006 diploma and years of observation including while working as a salon manager for Thushari Rodrigo Hair and Beauty Salon. The applicant claimed she came to visit her daughter who was studying in Australia initially, but when she saw that mature age students can study in Australia without stigma, it inspired her to do further studies in hairdressing in furtherance of her dream and to do it ‘before it is too late’.
The applicant told the Tribunal she is learning new haircutting techniques that she had not seen before in Sri Lanka, where they teach basic cutting techniques but not advanced styling skills, and students in Australia are supported and given more opportunities to be creative. There are not many foreign-trained hairdressers in Sri Lanka in her experience, and she hopes that gaining Australian hairdressing qualifications would enable her to open her own salon where she can cater to both locals as well as expats. Her former employer Thushari Rodrigo, with whom she has been keeping in touch, may emigrate to the UK with her son, so there is a possibility she could even taken over her salon and customers, although that is not settled and that in any event, she would prefer to open her own salon and establish her own brand. Either way, she will use her savings over the years to establish her business, and her husband who is very supportive of her pursuing her dream after putting it off for so many years, will also contribute financially.
Finally, the applicant gave evidence that she is not currently working and relies on her savings for her living expenses, with support from her daughter who is legally able to work. She also stated her intention to fully comply with any condition to which her student visa, if granted, might be subject.
CONSIDERATION OF CLAIMS AND EVIDENCE
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant is a genuine applicant for entry and stay as a student, pursuant to cl 500.212 of the Regulations.
Genuine applicant for entry and stay as a student (cl 500.212)
Clause 500.212 requires as follows:
The applicant is a genuine applicant for entry and stay as a student because:
(a)the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i)the applicant’s circumstances; and
(ii)the applicant’s immigration history; and
(iii)if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv)any other relevant matter; and
(b)the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i)the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii)the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c)of any other relevant matter.
Does the applicant intend genuinely to stay in Australia temporarily?
In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
·the applicant’s circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant’s future;
·the applicant’s immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
·if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
·any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
The Tribunal is satisfied on the claims and evidence provided by the applicant that she has a reasonably plausible narrative for why she did not pursue a career in hairdressing in Sri Lanka despite her claimed interest and passion in the area. The Tribunal is also satisfied that regardless of whether she has greater employment and economic opportunities in Australia than in Sri Lanka (which was one of the delegate’s concerns), the applicant’s intention is to remain in Australia temporarily until she completes the full suite of her hairdressing training and then return to Sri Lanka to establish her own salon business. The Tribunal accepts that although the applicant completed a Diploma of Hairdressing in Sri Lanka in 2006, she was prevented by her circumstances at the time from turning her training into a profession, and that the most she could do was to hang out at the Thushari Rodrigo Hair and Beauty Salon where she did her training whenever she had time, to watch and occasionally help with basic tasks. Although she subsequently obtained work as the salon manager, her lack of practical industry experience, exacerbated by the lengthy passage of time since she completed her hairdressing diploma, prevented her from actually working in hairdressing and she had to limit her functions to looking after the business promotion, customer liaison and financial management aspects of the salon.
Therefore, in circumstances where her personal situation has changed, most significantly her daughter has grown up and is independent, such that she now has the time and the opportunity to think about herself, the Tribunal considers it is not unreasonable or implausible that the applicant wishes to now pursue her dream in earnest and take the opportunity to further her own training, and to do this for herself ‘before it is too late’. Unlike the delegate who found the courses that the applicant has enrolled in would not add value to her future career, the Tribunal is persuaded that the courses would, if completed, give her updated skills and knowledge in hairdressing trends and techniques and equip her with the confidence and ability to establish her own salon business, rather than limit herself to observing on the side at someone else’s salon or only working in a salon in a non-hairdressing capacity. The Tribunal also accepts that being able to advertise herself as trained and qualified in Australia could give her a competitive edge in attracting expat as well as local customers.
Further, the applicant’s husband and her mother, who the Tribunal finds she has a close relationship to based on her evidence of the frequency of contact and based on the fact that she has lived with and looked after her widowed mother for 20+ years, are both in Sri Lanka. The Tribunal finds this adds another incentive for the applicant to return to Sri Lanka, despite her daughter’s presence in Australia, noting that her daughter apparently has plans to return to Sri Lanka at the end of her graduate visa to work as a biomedical scientist or researcher so that any personal/family ties in Australia the applicant has would eventually disappear.
When all of the above factors are taken into account cumulatively, the Tribunal finds the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
Does the applicant intend to comply with visa conditions?
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed. Pursuant to cl 500.611(2), the following conditions may also be imposed in some cases: 8535 (visa entitlement), 8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).
There is no evidence before the Tribunal that the applicant has not complied with the conditions of the visitor visa she previously held. She is currently the holder of a Class WA Subclass 010 bridging visa A granted in association with her student visa application, which is subject to the condition 8101 (no work). The applicant has stated she is not presently working and relies on her savings for her living expenses, with support from her daughter with whom she currently resides.
On the basis of the above, and on the basis of the applicant’s stated intention at the hearing that she would comply with the conditions to which her student visa would be subject if granted, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).
Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?
For the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)).
In the present case, the Tribunal finds that there are no other matters arising from the material and evidence available which are relevant to the Tribunal’s assessment of whether the applicant is a genuine applicant for entry and stay as a student. Therefore, cl 500.212(c) is taken to be satisfied.
In conclusion and for all the reasons discussed, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212 of Schedule 2 to the Regulations. This being the case, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION

The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 22 April 2025
Representative for the Applicant: Mr M B U Namal Fernando (MARN: 0214726)
Attachment – Direction No 108
DIRECTION NUMBER 108 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, CLARE O’NEIL, Minister for Home Affairs and Minister for Cyber Security give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated:
Clare O’Neil

Minister for Home Affairs and Minister for Cyber Security
Note: Section 499(1) of the Act empowers the Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.
Part 1 - Preliminary
Name of Direction
This Direction is Direction No. 108 – Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 108.
Commencement
This Direction commences on 23 March 2024.
Revocation
Direction No. 69, given under section 499 of the Act, is revoked.
Interpretation
Act means the Migration Act 1958.
Finally determined has the same meaning as is set out in subsections 5(9) and (9A) of the Act.
Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.
Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.
Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Regulations mean the Migration Regulations 1994.
Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Spouse has the same meaning as the definition of the term in section 5F of the Act.
Student visa means a Subclass 500 (Student) visa
Student Guardian visa means a Subclass 590 (Student Guardian) visa.
Application
This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant against the genuine temporary entrant criterion for Student visa applications and Student Guardian visa applications (as applicable).
This Direction also applies to members of the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; who review the decisions of primary decision-makers in relation to a Student visa or Student Guardian visa application.
This Direction applies in relation to Student visa applications and Student Guardian visa applications made before 23 March 2024 but not finally determined on that date, including such visa applications that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
The genuine temporary entrant criterion must be satisfied by all applicants who make an application for a Student visa and seek to satisfy the primary or secondary criteria, or an application for a Student Guardian visa and seek to satisfy the primary criteria.
Note: Direction No. 106 applies in relation to Subclass 500 (Student) visa applications and Student Guardian visa applications made on or after 23 March 2024, including visa applications made on or after that date that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
Preamble
The Australian Government operates a student visa program that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa program must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.
An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.
The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
a) the applicant’s circumstances; and
b)the applicant’s immigration history; and
c)if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
d)any other relevant matter
This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a) to d), to determine whether the applicant genuinely intends to stay in Australia temporarily.
Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily.
Part 2 – Directions
Assessing the genuine temporary entrant criterion
1.Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
2.Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:
a)considering the applicant against all factors specified in this Direction; and
b)considering any other relevant information provided by the applicant (or information otherwise available to the decision maker)
3.Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.
4.Circumstances where further scrutiny may be appropriate include but are not limited to:
a)information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny;
b)the applicant or a relative of the applicant has an immigration history of reasonable concern;
c)the applicant intends to study in a field unrelated to their previous studies or employment; and
d)apparent inconsistencies in information provided by the applicant in their Student visa application or Student Guardian visa application.
5.An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.
The applicant’s circumstances
6.Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.
7.For primary applicants of Student visas, decision makers should have regard to the value of the course to the applicant’s future.
8.Weight should be placed on an applicant’s circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia.
The applicant’s circumstances in their home country
9.When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:
a)whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant;
b)the extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country;
c)economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant’s circumstances relative to the home country and to Australia;
d)military service commitments that would present as a significant incentive for the applicant not to return to their home country; and
e)political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa or a Student Guardian visa.
10.Decision makers may have regard to the applicant’s circumstances in their home country relative to the circumstances of others in that country.
The applicant’s potential circumstances in Australia
11.In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:
a)The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;
b)evidence that the student visa programme is being used to circumvent the intentions of the migration programme;
c)whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;
d)whether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and
e)the applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to the applicant’s future
12.Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:
a)whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and
b)relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and
c)remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
The applicant's immigration history
13.An applicant’s immigration history refers both to their visa and travel history.
14.When considering the applicant’s immigration history, decision makers should have regard to the following factors:
a)Previous visa applications for Australia or other countries, including:
i.if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which the application(s) were refused; and
ii.if the applicant has previously applied for visa(s) to other countries, whether the applicant was refused a visa and the circumstances that led to visa refusal.
iii.b. Previous travels to Australia or other countries, including:
iv.if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control;
v.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
vi.the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and
vii.if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non-compliance.
If the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant
15.If the primary or secondary applicant for a Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.
Any other relevant matters
16.Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.