Malhi (Migration)
[2022] AATA 1591
•9 May 2022
Malhi (Migration) [2022] AATA 1591 (9 May 2022)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT: Mr Arundeep Singh Malhi
REPRESENTATIVE: Mr Dilpreet Singh (MARN: 0956305)
CASE NUMBER: 2006047
HOME AFFAIRS REFERENCE(S): BCC2019/6689584
MEMBER:Warren Stooke AM
DATE:9 May 2022
PLACE OF DECISION: Melbourne
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(a) of Schedule 2 to the Regulations.
Statement made on 9 May 2022 at 11:11am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visas – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – further vocational courses – trades employment in India – property ownership in home country – no family ties in Australia – decision under review remitted
LEGISLATION
Migration Act 1958, ss 65, 359, 499; Direction No 69
Migration Regulations 1994, Schedule 2 cl 500.212DECISION AND REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 10 March 2020 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 16 December 2019. 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 of the lack of evidence of assets in India and as to how an English language course would assist his future.
The applicant appeared before the Tribunal on 2 February 2022 to give evidence and present arguments.
The applicant was assisted in relation to the review.
The applicant confirmed to the Tribunal that he had received a copy of the delegate’s decision and had read the decision. In this regard, the applicant stated that he understood that the reason for the refusal to grant the visa was because the course was available in his own country and that he was not going back after completion of studies.
For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.
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.
The Tribunal asked the applicant: Do you understand that to be that to be granted a Temporary Student Visa, it is a requirement that you satisfy the Minister that you are a genuine temporary entrant for stay as a student? The applicant responded: “Yes”.
The applicant is a 31 year old from India who provided evidence that he arrived in Australia on 1 July 2019 on a Visitor 600 visa.
The applicant was granted a Bridging Visa A in December 2019.
The applicant provided evidence of health insurance with Nib that commenced from 9 December 2019 and is valid until 14 August 2023.
The applicant provided evidence that he had returned to India in June 2019 for 3 weeks and September 2019 for one month to attend the farm he claims he owns in India and where he worked from May 2010 to June 2019 with an income of $7,112.
The applicant provided evidence that he had completed a General English course at the Hawke Institute of 60 weeks duration from 6 January 2020 to March 2021, which was prior to undertaking the current trade courses.
The applicant provided evidence that he has confirmations of enrolment to undertake the following courses of study:
a.Certificate III in Walls and Floor Tiling from 15 April to 14 April 2022;
b.Diploma of Building and Construction (Building) from 15 June 2022 to 14 June 2023.
The applicant provided correspondence from Oceania Polytechnic Institute of Education dated 20 October 2021 that attested to satisfactory academic progress for the current course of study.
The applicant provided a detailed GTE statement to the Tribunal in response to a s359(2) request for information, as follows:
“I intend to return to India at the completion of my studies and my stay in Australia is genuinely for a temporary period.
When I applied for my student visa I wanted to study English in an English speaking country. Once here in Australia and after having applied for my student visa, the C OVID19 pandemic hit. During my English studies at Hawke Institute, I realised that as I was reaching (and now am) 30 years of age, I need a trade qualification and a more secure future in India. I successfully completed my English course, as evidenced by my Certificate of Completion which I have attached.
The English course also served as a prerequisite for my further/subsequent study in tiling and construction.
In India I relied on my farming work and support from my brother, his support continues here in Australia as evidenced by his financial support, where his account in Australia is now purely for the purpose of my living expenses and my education fees. He was in Australia (and is an Australian citizen), however he has permanently moved to the USA to live with his wife and my parents, who are also permanently living in America. My parents and my brother have their own lives and their own future in the US, while I too need to establish myself and the best way to do that is to secure a good education in Australia so I can live independently in India.
Returning to India, to take up farming again will not afford me the opportunities and financial security that a trade qualification from Australia will provide me. Farming in India has only become more and more difficult. While I have been in Australia, the current Indian federal government under Narinder Modi changed the agricultural laws, which basically means that individual farmers like myself have no control over the economics/pricing in farming and it has effectively been handed to the large corporations. There have been ongoing protests and unrest between the Indian farming community and the government for well over a year now.
The unrest, protests and uncertainty in India regarding the farming industry is current and well documented, for example: Wikipedia Article ‘2020–2021 Indian farmers protest’
News article ‘What has brought India's farmers to the streets?’
need a secure income and qualifications for my future in India. I have seen how my elder brother has established himself in life by having a trade qualification as a tiler. In terms of my current studies in Australia, as evidenced by the article below, it is difficult to get a proper trade qualification in India.Rising workplace expectations and constant changes brought about by technology upgrades have increased the demand for a skilled workforce that excels in their trade and understands and appreciates safety regulations to work at optimum efficacy.’
India’s economy is developing and to be marketable as a trade professional, courses such as the Certificate III in Wall and Floor Tiling I am currently studying and the Diploma of Building and Construction I am enrolled in not only teach you best practice, but they also teach you safety and business acumen.
I have already commenced my Certificate III in Wall and Floor Tiling at Oceania Polytechnic Institute. I have a general working knowledge of tiling, where I have had some experience and exposure in India, while my brother, now living permanently in the USA is a qualified tiler.
I have already completed the theoretical studies and now, upon lockdown ending in Melbourne I have been able to resume practical classes for the Cert III.
I researched both the Certificate III in Wall and Floor Tiling (which I am currently studying) and the Diploma of Building and Construction which I am enrolled in to study upon the completion of my current Cert III. I chose Oceania Polytechnic Institute because it is based in West Melbourne and in Maidstone, while I live in the Western suburbs of Melbourne. Comparable courses at Holmesglen Institute are on the other side of Melbourne in the South Eastern suburb of Chadstone, which is much further for me. Holmesglen is currently offering the Diploma of Building and Construction at their Chadstone campus to international students, however the Certificate III in Wall and Floor Tiling is only open to local students as part of an apprenticeship.
As I have identified above, in India ‘The traditional system neither utilizes new technologies or work methods nor does it emphasis on safety and sustainability which will assume increasingly greater significance in the coming years.’ The Cert III is teaching me much needed skills in applying OHS requirements, policies and procedures, as well as how to read and interpret plans and specifications, with both a residential and commercial application.
I have found my previous knowledge and exposure to tiling has been sufficient for me to not only enjoy the course, but successfully complete all the assessments I have been assigned to date. Building on that, the Diploma of Building and Construction will teach me how to manage risk; further apply principles of OHS; comply with building codes and
standards, identify and produce costing's, manage budgets and financial plans, administer legal obligations, as well as selecting and managing contractors.
The education (both content and quality) I am receiving in Australia is not available in India, yet this is something that the industry in India will demand going forward. Having internationally recognised qualifications will not only mean I can find a job that pays more than double the median salary in India, but it will mean I have real career prospects, where I will be attractive to any prospective employer.
Upon completing my Certificate III in Wall and Floor Tiling and my Diploma of Building and Construction, my skills and earning power will be much more marketable and my earning power will increase, such that I will be able to be financially independent from my brother and plan my own future. Farming alone is not enough as a reliable source of
income.
My brother’s Commonwealth Bank Account (BSB 06 3175; Acc no: xxxxxxxxxx) in Australia is available to me to pay for my ongoing course costs and living expenses. The ELIC OS course was paid and completed. My current studies at Oceania and living costs are being paid for by my brother, using his funds, which are regularly topped up, with proof of his fund in the USA provided, as well as my father.”The applicant stated that he intends to work in tiling to get experience and that the industry is growing in India.
The applicant stated that he intended to return to farming in India on the family property and that the trade will help supplement his income.
The applicant provided evidence that he is currently living in a share-house in Tarneit and pays $400 per month in rent.
The applicant stated that he has no family in Australia and that his parents and brother are living in the USA and support payment of his fees and living expenses.
The applicant provided evidence that he is not working in Australia.
The applicant provided evidence that he would not have any difficulty in assimilating back into Indian society and he responded: “No difficulty”.
The Tribunal asked the applicant if there was any reason that would preclude the applicant from returning to India and he responded: “No reason, I can return”.
The Tribunal asked the applicant if it was his motivation to remain in Australia permanently and he responded that he planned to go to the USA and that there was no reason to stay in Australia with all his family in the USA. He stated that his mother and father had applied for PR in the USA.
The applicant stated that he does not have siblings in India and only has cousins and he also submitted in response to the s359(2) request for information:
“As mentioned above, my parents (US Green C ard Holders) and brother are in the US, while my grandparents are in Canada. I speak to them at least every week or often more than once per week. My grandparents are in British Colombia, while my parents and brother are in northern California, so they are all within relatively close driving distance. My father is very supportive, he supports me in my all decisions. My father would like to see me establish myself in India, where I have a house and land and in the long term, should I wish to migrate anywhere, he would prefer it be to the US where they all are and not remain in Australia.”
Further, the applicant stated in response to the s359(2) request for information:
“I own a house and land in India. If I have a better income as a tradesperson/construction professional than I did with farming, that will afford me the income to have a good life in India, given I already have a home and land.
The cost of living in India is much lower (especially when compared to Australia and the US). I am also quite used to living independently there, (apart from my brother’s financial support which I would like to move away from). My father moved to the US in the early 1990s, my brother left India more than 10 years ago and is now in the US and so too my mother, who left India over 5 years ago to live in the US. I was quite content in India for all these years (although I did miss my family), however my brother has impressed on me the need to establish myself with an education and career, so I am not reliant on them anymore.
I am no longer very religious like I was, but most of my 20s was spent very actively involved in the Sikh religion and customs, such that I built a place of worship on my land in India, which to this day is being used by my friends to celebrate religious rituals and prayer. Although my beliefs have changed, my faith hasn’t and I have a large group of fellow Sikhs who are not only my friends, but my extended family, all of which live in my district of Jalandhar. Living a religious life at the time is one of the main reasons why I didn’t pursue anything other than farming in India after I was refused the student visas I had applied for back in 2012, however my brother has impressed on me the need to be independent now that I have reached 30 years of age.
Apart from my studies, I attend the gym when Melbourne is not in lockdown. Nearly the entire time I have been here we have faced COVID restrictions, which has limited my ability to participate in Australian life. As mentioned above my family are in the US. They have built a family home in northern California and my brother is expecting his first child.
None of them have any interest in Australia and would prefer to see me establish myself in India, where we own a house and land or, if I were to migrate anywhere, they would want to see me live in the US, where they are.”The Representative submitted that the applicant intends to obtain a US visa, which is subject to a medical examination.
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 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.
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 that the applicant has successfully completed an ELICOS English language courses and is currently undertaking a Certificate III in Wall and Floor Tiling that was expected to be completed in April 2022 and will commence a Diploma of Building and Construction (Building) in June 2022 for which he has paid fees and is due for completion in June 2023. As such, the Tribunal is satisfied that the applicant has made good academic progress with his studies and that it is his intention return to his home country or the USA to reunite with his family upon completion of his studies.
Further, the Tribunal accepts that the applicant plans to return to India or USA upon completing his Diploma of Building and Construction (Building) in June 2023 and that evidence was provided that the applicant maintains ties to his home country and family in the USA, who are providing financial support.
The Tribunal accepts that there is no known evidence before the Tribunal that would suggest that the applicant has not complied with his visa obligations and satisfactory academic progress has been undertaken since the applicant arrived in Australia.
The Tribunal is satisfied that the applicant has made continuous academic progress in his courses of study and utilised his access to study, as is intended with a genuine temporary entrant.
The Tribunal is satisfied that the applicant has stated he will leave Australia upon completion of his Diploma of Building and Construction (Building) course in June 2023 and is not motivated to remain in Australia permanently given his family is resident in the USA.
On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily to complete his courses of study and that a Student 500 visa should be granted for the period of completion of the current course.
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(a).
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
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(a) of Schedule 2 to the Regulations.
Warren Stooke AM
MemberAttachment – 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.
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