Kumar (Migration)

[2024] AATA 3075

Kumar (Migration) [2024] AATA 3075 (26 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gagan Kumar

REPRESENTATIVE:  Ms Kamlesh Singh (MARN: 9682717)

CASE NUMBER:  2304926

HOME AFFAIRS REFERENCE(S):          BCC2023/398353

MEMBER:Penelope Hunter

DATE:26 July 2024

PLACE OF DECISION:  Sydney

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 26 July 2024 at 11:39am

CATCHWORDS  
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – applicant is enrolled in a course of study – applicant has provided the Tribunal with a CoE – satisfied that the applicant is a genuine applicant for entry and stay as a student – positive study progress – decision under review remitted 

LEGISLATION
Migration Act 1958, ss 65, 359

Migration Regulations 1994, 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 March 2023 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicant applied for the visa on 23 January 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.

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 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the delegate was not satisfied that the applicant met the temporary entry criteria.

4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   BACKGROUND

5. The applicant is a 24 year old, single citizen of India. He applied for the visa in order to undertake study in a Certificate IV in Engineering and a Diploma of Engineering with course dates from 23 January 2023 to 4 May 2025.

6. In support of his visa application, the applicant submitted copies of his Confirmations of Enrolments (COE), evidence of his English language ability, identity documents, financial documents, copies of his qualifications obtained in India, a statutory declaration from his brother, and a statement addressing the genuine temporary entrant criteria. In his statement the applicant set out the following relevant information (in summary):

   i.After achieving a Diploma of Engineering he will be placed and accepted in the professional world of his choice. He believed that an international degree would provide him with the latest skill and knowledge as well as exposure to international standards.

   ii.His parents have always encouraged him to study well and it is their dream for him to pursue studies abroad. They have the financial strength to support his education. He completed year 12 in India and then a diploma in Electrician and Welding in 2021.

   iii.His proposed course covers the skills and knowledge required for employment as a higher engineering tradesperson or special class engineering tradesperson. There was a great prospect for career development with a highly reputed foreign degree.

   iv.The course he wanted is only available at limited institutions in India and with higher fees. The facilities are also not world class. The education pattern in India was more theoretical than practical and he believes that his proposed course provider suits him best. The Australian education system is globally renowned and he would have difficulty studying in other countries in Europe due to language difficulties.

   v.By pursuing the course he could look for good jobs as a welder. Australian experience and a degree would help him in the future to obtain a rewarding salary package.

7. The delegate, in their decision record, set out the following reasons for the refusal of the visa:

   i.The delegate was not satisfied of the applicant’s economic circumstances in his home country. It was considered that he had comparatively greater economic opportunities in Australia and the delegate was not satisfied that the applicant would be compelled to return to his home country on account of any business or economic reason on the completion of his studies.

   ii.The delegate held concerns that the applicant had applied for the student visa for the purposes of securing ongoing temporary residence.

   iii.The applicant had a sibling residing in Australia. The delegate was concerned that this may provide the applicant with incentive to remain.

   iv.The applicant applied for the visa while the holder of a short stay visitor visa, it was difficult to accept that after a short space of time after arrival as a tourist they would make a change from their original intentions. It was considered that the motivation to pursue study coincided with the expiry of their previous temporary visa and it was indicative of a person using a tourist visa as a mechanism for circumventing the usual migration channels.

8. The Tribunal received an application for review from the applicant on 6 April 2023, and at that time he provided a copy of the decision record of the delegate.

9. On 16 October 2023, the Tribunal sent a request for information to the applicant pursuant to s 359(2) of the Act.

10. On 30 October 2023, the applicant provided a completed Request for Student visa information form, further copies of his CoE, a letter from the Australian Institute of Engineering dated 28 October 2023 confirming his course progress, a letter from the National Australia Bank regarding the account balance of his brother, further copies of his qualifications in India, evidence of Overseas Student Health Insurance and a statement of support. In his statement the applicant set out the following additional information (in summary):

    i.When undertaking his vocational courses he developed a passion for engineering and knew that he would pursue higher education in this field.

    ii.After completing his education in India he worked as a salesperson at Garg Tyres Plaza. When he first visited his brother in June 2022 he had a wonderful time. He returned to India in July 2022 and then came back to Australia in November 2022. On his second trip to Australia he visited a few education seminars and agents where they assessed his profile and suggested he could have a great career in engineering. He discussed this with his family and they supported his decision to study in Australia.

    iii.The Certificate IV in Engineering and the Diploma of Engineering-Advanced Trade are designed to provide students with a comprehensive understanding of engineering principles and practical skills. The qualifications would empower him to contribute to the engineering industry in India, particularly in the areas of electrical work and welding. After completing his courses, he planned to return to India and seek employment in engineering firms or manufacturing companies. He could obtain entry level junior engineer positions and with experience attain mid-level positions such as a design engineer, project engineer or quality assurance engineer.

    iv.His Australian qualifications would help him to achieve a higher salary due to the international recognition of the qualifications. He had a deep passion for engineering and a desire to experience a world class education system that was available in Australia .

11. 22 July 2024, the applicant submitted the following additional documents:

    i.Payslips for the applicant’s employment with Tuffride.

    ii.ANZ statement details for Kumar Pardeep.

    iii.Interim transcript for the applicant in the Certificate IV in Engineering issued 16 July 2024.

12. The applicant appeared at a hearing before the Tribunal on 23 July 2024, via MS Teams video,  to give evidence and present arguments. The applicant was assisted in relation to the review application by his representative, although his representative did not attend the hearing. Where relevant the Tribunal has set out the evidence of the applicant at hearing below.

    CONSIDERATION OF CLAIMS AND EVIDENCE

13. 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 satisfies cl. 500.212 of Schedule 2.

14. 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?

15. 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, supersedes as of 23 March 2024, the former Direction No. 69. A copy was provided to the applicant prior to the hearing and a copy of which is attached to this decision. Direction 108 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.

16. 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.

17. On the material before the Tribunal the applicant has maintained his enrolment in his selected courses and the academic transcript he has provided demonstrate that he is progressing as expected through to his Certificate IV in Engineering and has completed a significant component of the course. This is what is generally expected of student visa applicants. He confirmed his study intentions remained the same as when he applied for the visa and on the completion of the Certificate IV planned to progress to the Diploma.

18. The applicant discussed further with the Tribunal his reasons for study in Australia, he claimed that equivalent study was not readily available in India particularly with a focus of welding and fabrication which was the area where the applicant wished to develop his skills. He claimed that his study in Australia was more practical and would equip him with great workforce skills than the limited expensive theoretical study available in his home country. The Tribunal accepts that the applicant’s desire for internationally regarded practical studies in Australia which focus on his desired skills in welding and fabrication are reasonable reasons for the applicant choosing to undertake study in Australia rather than in his home country.

19. As to the applicant’s circumstances in India, his parents remain in his family home. He was residing with them up until he departed India. His sister and her husband continue to live in India as does his extended family. The applicant also has many social contacts. While awaiting the processing of his visa the applicant had already made a return trip to visit family in his home country. It is accepted that these would serve as a significant incentive for him to return. The applicant was working in the past as a salesperson. Although he obtained trade qualifications in welding, he told the Tribunal that these were not awarded until 2022. He does not himself own any property in India, however he claimed that his parents have several properties and it is accepted that he enjoyed a comfortable standard of living in comparison to others in his country.

20. There is no evidence that the applicant has any military service commitments in his home country, which would present a significant incentive for him not to return. The applicant also repeatedly stated to the Tribunal that he wished to return to his home country at the conclusion of his studies. He did not express any fears or concern on returning to India and there is no evidence that the applicant has fears or concerns in relation to any civil or political unrest which may induce him to apply for a student visa.  Overall, it appeared to the Tribunal that the circumstances of the applicant in his home country were favourable to the visa grant.

21. As to the applicant’s circumstances in Australia. He has a brother onshore who is a permanent resident. The applicant told the Tribunal that his brother was living in Sydney, and was setting up a hospitality business. His brother has undertaken to support him in his studies in Australia. This family tie may present an incentive for the applicant to remain. It must however be balanced with the evidence that the applicant is living and studying in Melbourne, some considerable distance from his brother. He was living in share accommodation that he had found listed on Facebook Marketplace. He chose the accommodation as it was close to his education provider. He is working for a business in Victoria, Tuffride Components Pty Ltd. The applicant said that he had obtained the job through an advertisement on the website It is providing him with some experience in relevant to his chosen courses. There is no evidence that the applicant has entered into a relationship of concern. His circumstances onshore appear to be consistent with the desire to obtain his proposed qualifications.

22. The applicant’s studies in Engineering are consistent with his stated interest in the field. He chose his education provider on the advice of education agents that he consulted in Melbourne and it specialises in fabrication which builds upon the trade qualification that the applicant had already obtained in India. As his courses specifically focus on fabrication and take him to a higher level beyond his welding trade certificate. It is accepted that both the Certificate IV and Diploma will assist the applicant to obtain employment in his home country and internationally. It is also accepted that in addition to holding the trades qualification that he obtained in India, his Australian qualifications would assist the applicant to improve his remuneration in his home country or in a third country. The applicant has set out in his submissions that upon the completion of his qualification he would be qualified for junior engineering level positions in various fields including civil, mechanical and electrical engineering. With experience he can progress to positions such as a design engineer, project engineer or quality assurance engineer, further that the demand for engineering professionals in India remains robust. The Tribunal accepts that the applicant’s study hold value to his future career.

23. As to the immigration history of the applicant. The delegate raised concerns about the actions of the applicant in applying for a student visa onshore, when only arriving in Australia for a short stay. The applicant firstly came to Australia in June 2022 to visit his brother and returned the following month. It while in Australia for the second time as a visitor that the applicant determined to apply for a student visa. He told the Tribunal that the purpose of the trip was for tourism and to investigate if options for study were available. It was only on consultation with education agents in Australia that he became aware that he could apply for a student visa while onshore and he was advised that this was an appropriate course of action. The applicant maintains that he did not intend to  circumvent the intentions of the migration program

24. There is no evidence that the applicant has been refused any other visa in Australia or elsewhere. On the material before the Tribunal there is no evidence to suggest that he did not comply with the conditions of his visa on his previous travel to Australia. There is no evidence that he has previously held a visa that was cancelled or considered for cancellation. The immigration record of the applicant presents no concerns for the Tribunal.  

25. Considering the circumstances of the applicant overall, the Tribunal finds on balance they are favourable to the grant of the visa for him to continue his proposed studies towards higher qualifications in Engineering. He has family ties in his home country and sound reasons for seeking well-regarded qualifications in Australia. While he does have a brother onshore, the applicant has chosen to reside some distance from his brother close to his chosen education provider and it would appear he places a higher value on his intended qualifications.  On the basis of the above discussion of evidence, findings and reasons regarding the applicant’s intentions, and having regard to the factors specified in Direction 108, the Tribunal is satisfied that the applicant genuinely intends to stay in Australia temporarily.

26. Accordingly, the applicant meets cl 500.212(a).

    Does the applicant intend to comply with visa conditions?

27. 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.

28. 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).

29. The applicant claimed he would apply by the conditions of any visa if granted.

30. 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?

31. 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)).

1. There is no other relevant matter before the Tribunal.

2. 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.

3. 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

4. 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.

   Penelope Hunter
   Member

   
   

   Attachment – Direction No.108

   DIRECTION NUMBER 108 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS

   (Section 499)

   I, CLARE O’NEIL, Minister for Home Affairs and Minister for Cyber Security, give this Direction under section 499 of the Migration Act 1958 (the Act).

   Dated: 21 March 2024

   Clare O’Neil

   
   

   Minister for Home Affairs and Minister for Cyber Security

   Note: Section 499(1) of the Act empowers the Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.

   Part 1 - Preliminary

   Name of Direction

   This Direction is Direction No. 108 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.

   It may be cited as Direction No. 108.

   Commencement

   This Direction commences on 23 March 2024.

   Revocation

   Direction No. 69, given under section 499 of the Act, is revoked.

   Interpretation

   Act means the Migration Act 1958.

   Finally determined has the same meaning as is set out in subsections 5(9) and (9A) of the Act.

   Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.

   Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.

   Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.

   Regulations mean the Migration Regulations 1994.

   Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.

   Spouse has the same meaning as the definition of the term in section 5F of the Act.

   Student visa means a Subclass 500 (Student) visa

   Student Guardian visa means a Subclass 590 (Student Guardian) visa.

   Application

   This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant against the genuine temporary entrant criterion for Student visa applications and Student Guardian visa applications (as applicable).

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

   This Direction applies in relation to Student visa applications and Student Guardian visa applications made before 23 March 2024 but not finally determined on that date, including such visa applications that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.

   The genuine temporary entrant criterion must be satisfied by all applicants who make an application for a Student visa and seek to satisfy the primary or secondary criteria, or an application for a Student Guardian visa and seek to satisfy the primary criteria.

   Note: Direction No. 106 applies in relation to Subclass 500 (Student) visa applications and Student Guardian visa applications made on or after 23 March 2024, including visa applications made on or after that date that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.

   Preamble

   The Australian Government operates a student visa program that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa program must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.

   An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.

   The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

   a) the applicant’s circumstances; and

   b) the applicant’s immigration history; and

   c) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

   d) any other relevant matter

   This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a) to d), to determine whether the applicant genuinely intends to stay in Australia temporarily.

   Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily

   Part 2 – Directions

   Assessing the genuine temporary entrant criterion

   1. Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.

   2. Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:

   a) considering the applicant against all factors specified in this Direction; and

   b) considering any other relevant information provided by the applicant (or information otherwise available to the decision maker)

   3. Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.

   4. Circumstances where further scrutiny may be appropriate include but are not limited to:

   a) information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny;

   b) the applicant or a relative of the applicant has an immigration history of reasonable concern;

   c) the applicant intends to study in a field unrelated to their previous studies or employment; and

   d) apparent inconsistencies in information provided by the applicant in their Student visa application or Student Guardian visa application.

   5. An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.

   The applicant’s circumstances

   6. Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.

   7. For primary applicants of Student visas, decision makers should have regard to the value of the course to the applicant’s future.

   8. Weight should be placed on an applicant’s circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia. The applicant’s circumstances in their home country

   9. When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:

   a) whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant;

   b) the extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country;

   c) economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant’s circumstances relative to the home country and to Australia;

   d) military service commitments that would present as a significant incentive for the applicant not to return to their home country; and

   e) political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa or a Student Guardian visa.

   10. Decision makers may have regard to the applicant’s circumstances in their home country relative to the circumstances of others in that country.

   The applicant’s potential circumstances in Australia

   11. In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:

   a) The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;

   b) evidence that the student visa programme is being used to circumvent the intentions of the migration programme;

   c) whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;

   d) whether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and

   e) the applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.

   Value of the course to the applicant’s future

   12. Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:

   a) whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and

   b) relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and

   c) remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.

   The applicant's immigration history

   13. An applicant’s immigration history refers both to their visa and travel history.

   14. When considering the applicant’s immigration history, decision makers should have regard to the following factors:

   a) Previous visa applications for Australia or other countries, including:

   i. if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which the application(s) were refused; and

   ii. if the applicant has previously applied for visa(s) to other countries, whether the applicant was refused a visa and the circumstances that led to visa refusal.

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

   iv. if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control;

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

   vi. the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and

   vii. if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non-compliance.

   If the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant

   15. If the primary or secondary applicant for a Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.

   Any other relevant matters

   16. Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.