Lu (Migration)

[2022] AATA 2714

Lu (Migration) [2022] AATA 2714 (30 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Kok Onn Lu

CASE NUMBER:  2113088

HOME AFFAIRS REFERENCE(S):          BCC2020/1921642

MEMBER:Peter Haag

DATE:30 June 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 30 June 2022 at 11:01am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa–– applicant failed to provide the information within the prescribed period – applicant was not a genuine applicant for entry and stay as a student – applicant has not completed a course of study since 9 June 2019 – applicant has not demonstrated the value of the proposed courses to his future– decision under review affirmed

LEGISLATION
Migration Act 1958, ss 65, 359, 360, 363, 499
Migration Regulations 1994, Schedule 2, cl 500.212

CASES

MIAC v Li (2013) 249 CLR 332

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 22 September 2021 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 17 July 2020. 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 information provided by the applicant regarding their circumstances in their home country, potential circumstances in Australia, the value of applicant’s proposed courses to their future, their immigration history and other relevant matters did not sufficiently demonstrate that the applicant is a genuine temporary entrant.

4. On 10 February 2022 the Tribunal wrote to the applicant pursuant to s 359(2) of the Act, inviting the applicant to provide all relevant information about the course(s) of study the applicant was undertaking and their entry and stay in Australia as a student, in order to satisfy the requirements for a student visa. The invitation was sent to the last address provided in connection with the review and advised that, if the information was not provided in writing by 24 February 2022, the Tribunal may make a decision on the review without taking further steps to obtain the information and the applicant would lose any entitlement he might otherwise have had under the Act to appear before the Tribunal to give evidence and present arguments.[1]

   [1] Tribunal file 2113088, Doc ID 9428112.

5. The applicant responded on 24 February 2022.[2]

   [2] Tribunal file 2113088, Doc ID 9476123.

6. On 6 April 2022, the Tribunal conducted a search on the Provider Registration and International Student Management System (PRISMS) database.[3]

   [3] Tribunal file 2113088, Doc ID 9622783.

7. On 20 April 2022 the Tribunal wrote to the applicant pursuant to s 359A of the Act, inviting the applicant to comment on or respond to information which would, subject to the applicant’s comments or response, be the reason, or a part of the reason, for affirming the decision under review. In the s 359A letter, the Tribunal provided the particulars of the information from the PRISMS search conducted on 6 April 2022.[4]

   [4] Tribunal file 2113088, Doc ID 9631282.

8. The invitation was sent to the last address provided in connection with the review and advised that, if the information was not provided in writing by 4 May 2022, the Tribunal may make a decision on the review without taking further steps to obtain the information and the applicant would lose any entitlement he might otherwise have had under the Act to appear before the Tribunal to give evidence and present arguments.

9. The review applicant did not provide the information within the prescribed period and no extension of time was requested. In these circumstances, s 359C of the Act applies and pursuant to s 360(3) of the Act, the review applicant is not entitled to appear before the Tribunal. The effect of s 363A of the Act is that if a review applicant has no entitlement to a hearing, the Tribunal has no power to permit him or her to appear: Hasran v MIAC [2010] FCAFC 40. The Tribunal has decided to proceed to a decision without taking further steps to obtain the information.

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

    CONSIDERATION OF CLAIMS AND EVIDENCE

11. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant genuinely intends to comply with the study conditions of the student visa.

    Genuine applicant for entry and stay as a student (cl 500.212)

12. 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?

13. 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.

14. 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.

15. In the application for the student visa,[5] submitted to the Department on 17 July 2020, the applicant stated that he was studying a Certificate III in Business and will study a Certificate IV in Business. He had previously studied a Diploma of Leadership and Management at Mercury Institute of Victoria, completed in December 2017.

    [5] Department file BCC20201921642, Doc ID 9173377.

16. He completed high school in Malaysia.

17. The applicant stated that his father was living in Malaysia. He did not provide any other details of family members.

18. He submitted evidence of health insurance, a copy of his passport and an undated statement with the application, as follows:[6]

    My name is Kok Onn LU. I come from Malaysia. I am now taking the course of Certificate III in Business in Australian Design College in Australia. After that, I also applied the course of Certificate IV in Business in Australian Design College, but the student visa I am holding now is not enough for me to complete these courses. I want to apply for an extension of my student visa so that I can complete these courses and get certificates.

    Nowadays, since the competition in Malaysia’s job market is getting more and more fierce recently, many companies and employers prefer their staffs to have professional qualifications in business field. I realized it is an urgent and necessary task for me to continue improving my business knowledge and skills through systematic and comprehensive study, so I could enhance my competitiveness in the job market. I believed that the improvement of my business knowledge will help me fully reach my potential and provide me more job opportunities in my future career. The above reasons are why I eventually made up my mind to take the courses of Certificate III in Business and Certificate IV in Business, and I really want to renew my current visa to further my business study.

    Actually, When I decided to take these courses, I have done some research on business education in Malaysia, and found it tends to be too theoretical. It mainly focuses on theory study and ignore the skills and knowledge that are required in the real world, which means I could hardly get enough knowledge and skills that I want. Secondly, in my opinion, Australia is a multicultural nation with high reputation in education and vocational training. I believe I can get the best business education in Australia.

    After discussing my situation and my study purposes in Australia with my friends, they recommended Australian Design College to me. It is a prestigious international college which offers students from all over the world excellent opportunities to gain the qualification they are seeking for. Additionally, the tuition fees are affordable and reasonable to me. What’s more, its advanced facilities, convenience campus location, high quality of education and vocational training, excellent teachers and good-quality business courses have strengthened my conviction that Australian Design College is the best choice for me to further my business study and consolidate the relevant vocational and business skills for the aim of improving my competitiveness and getting a better job in the future when I go back to Malaysia.

    Thus, I chose to study Certificate III in Business and Certificate IV in Business in Australian Design College. Certificate III in Business, whose aim is to develop the knowledge and skills across a wide range of business functions and contribute to decision making. It consists of 12 units, covering topics such as processing customer complaints (unit BSBCMM301), designing and producing business documents (unit BSBITU306), analysing and presenting research information (unit BSBRES401), work effectively in a business environment (unit BSBIND201) and so on.

    The second course that I am going to study is Certificate IV in Business. It has a primary focus on developing the skills and knowledge to undertake low level leadership/management activities, marketing processes, recruit and select staff and identify, assess and manage risks. In order to achieve these aims, it provides practical business knowledge about leading effective workplace relationships (unit BSBLDR402), supporting the recruitment, selection and induction of staff (unit BSBHRM405), identifying risk and applying risk management processes (unit BSBRSK401) and other practical units. Moreover, both these two units incorporated the context of simulated workplace environment into delivery methods and students’ complete tasks to appropriate workplace standards. I strongly believe that these courses are particularly suitable for me and will enable me a better understanding of business and become more competitive in the future.

    I believe I would not have any problems for my accommodation and living expense. I have already rent an apartment in Hobart. I also have stored some money at my bank account which could afford my expenditure in Australia, including rents, tuition fee and other living expense. Thus, I am confident to overcome all the difficulties in the future.

    [6] Department file BCC20201921642, Doc ID 9173380.

19. On 20 July 2020, the applicant submitted to the Department the following:

    a)    a Diploma of Leadership and Management from Mercury Institute of Victoria issued on 18 December 2017;[7]

    b)    a Statement of Attainment in relation to a Certificate III in Business, issued by Flinders International College on 17 July 2020;[8]

    c)    Overseas Student Health Cover (OSHC) Verification Letter from Bupa dated 20 July 2020.[9]

    [7] Department file BCC20201921642, Doc ID 9173382.

    [8] Department file BCC20201921642, Doc ID 9173384.

    [9] Department file BCC20201921642, Doc ID 9173385.

20. On 30 July 2020, the applicant submitted to the Department a screenshot of a statement of account from CIMB Bank Berhad in the applicant’s name, dated 20 July 2020 and showing a balance of RM91,232.11.[10]

    [10] Department file BCC20201921642, Doc ID 9173386.

21. On 19 August 2021, the applicant submitted to the Department a confirmation of enrolment for a Certificate IV in Business at Australian Design College, starting 19 August 2021 and finishing 14 August 2022.[11]

    [11] Department file BCC20201921642, Doc ID 9173387.

22. The delegate refused the application for a student visa on 22 September 2021, and the applicant applied for review of the delegate’s decision on 27 September 2021.

23. On 10 February 2022 the Tribunal wrote to the applicant pursuant to s 359(2) of the Act, inviting the applicant to provide all relevant information about the course(s) of study the applicant was undertaking and their entry and stay in Australia as a student, in order to satisfy the requirements for a student visa.[12]

    [12] Tribunal file 2113088, Doc ID 9428112.

24. The applicant responded within time to the s 359(2) letter on 24 February 2022, submitting an online Request for Student Visa Information form indicating, inter alia, that he was currently enrolled in a Certificate IV in Business, finishing in August 2022.[13] He also submitted:

    a)    a Statement of Attainment in relation to a Certificate III in Business, issued by Australian Design College on 1 June 2021;[14]

    b)    a Statement of Attainment in relation to a Certificate III in Business, issued by Flinders International College on 17 July 2020;[15] and

    c)    a Diploma of Leadership and Management from Mercury Institute of Victoria issued on 18 December 2017.[16]

    [13] Tribunal file 2113088, Doc ID 9476123.

    [14] Tribunal file 2113088, Doc ID 9476124.

    [15] Tribunal file 2113088, Doc ID 9476125.

    [16] Tribunal file 2113088, Doc ID 9476126.

25. On 6 April 2022, the Tribunal conducted a search on the Provider Registration and International Student Management System (PRISMS) database.[17]

    [17] Tribunal file 2113088, Doc ID 9622783.

26. On 20 April 2022 the Tribunal wrote to the applicant pursuant to s 359A of the Act, inviting the applicant to comment on or respond to information which would, subject to the applicant’s comments or response, be the reason, or a part of the reason, for affirming the decision under review. In the s 359A letter, the Tribunal provided the particulars of the information from the PRISMS search conducted on 6 April 2022, namely:[18]

    [18] Tribunal file 2113088, Doc ID 9631282.

    ·you are currently studying a Certificate IV in Business, which commenced 19/08/2021 and is due to be completed 14/08/2022;

    ·you were due to commence a Certificate IV in Business on 15/08/2021, to be completed, but this course was cancelled on 19/08/2021 due to a noncommencement of studies;

    ·you were due to commence a Certificate III in Business on 15/07/2020 to be completed 14/07/2021, but this course was cancelled on 21/05/2021 due to ‘Student Notifies Cessation of Studies’;

    ·you were due to commence a Certificate III in Business on 17/03/2020 to be completed 16/03/2021, but this course was cancelled on 10/07/2020 due to transfer to course at another provider;

    ·you were due to commence a Certificate III in Business on 15/11/2019 to be completed 15/11/2020, but this course was cancelled on 31/01/2020 due to transfer to course at another provider;

    ·you were due to commence a Diploma of Business on 19/06/2019 to be completed 14/06/2020, but this course was cancelled on 17/10/2019 due to ‘Student Notifies Cessation of Studies’;

    ·you completed an Advanced Diploma of Leadership and Management on 09/06/2019 (commenced 11/12/2017); and

    ·you completed a Diploma of Leadership and Management on 03/12/2017 (commenced 05/12/2016).

27. The particulars indicated that the applicant had not completed a course of study since 9 June 2019.

    Does the applicant intend to comply with visa conditions?

28. 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.

29. 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). The following conditions may also be imposed in some cases (cl 500.611(2)): 8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).

30. The Tribunal’s concern that the applicant’s study history indicates to the Tribunal that the applicant has not completed a course of study since 9 June 2019 remains unaddressed in either written correspondence or evidence at hearing.

31. The evidence does not establish the applicant has made reasonable academic progress in the Certificate IV in business, being the course in which the applicant is currently enrolled.

32. The applicant has not expressly stated in evidence before the Tribunal or correspondence with the Tribunal that he intends to complete his current course of study and comply with visa conditions relating to course enrolment and course progress since the Tribunal provided him with information about his study history (PRISMS record) and informed him of its concern that he has not completed a course of study since 9 June 2019.  

33. Having regard to the applicant’s study history as it was advised to him in the s 359A correspondence of 20 April 2022, including the applicant’s failure to complete a course of study since June 2019, the number of the applicant’s course enrolments that were cancelled and the reasons for the cancellations, the absence of evidence of the academic progress the applicant has made in the course in which he is currently enrolled, and the absence of a current firsthand statement (oral or written) from the applicant about whether his present intention is to comply with the study and course conditions of his visa, the evidence is insufficient to establish to the satisfaction of the Tribunal that the applicant intends to comply with visa condition 8202.

34. On the basis of the above, the Tribunal is not 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?

1. 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)).

2. Conclusion on cl 500.212

3. Accordingly, the Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.

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

   DECISION

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

   Peter Haag
   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;

   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.

   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.