Pushpawila Kankanamge (Migration) - [2025] ARTA 888

PUSHPAWILA KANKANAMGE (MIGRATION) [2025] ARTA 888 (10 FEBRUARY 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Miss Shanika Piuymi Nisansala Pushpawila Kankanamge
Respondent:  Minister for Immigration and Multicultural Affairs
Tribunal Number:  2312374

Tribunal:General Member, J McLeod
Place:Melbourne
Date: 10 February 2025
Decision:The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.

Statement made on 10 February 2025 at 9:49am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – employment in multiple fields directly following related studies – plans for family businesses – family ties in home country – complying with visa conditions – decision under review remitted
LEGISLATION
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth)
Migration Act 1958 (Cth), ss 65, 499; Direction No 108
Migration Regulations 1994, Schedule 2 cls 500.212, 500.611
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 31 July 2023 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 29 May 2023.[1] The delegate in this case decided the applicant’s case on the papers. They found the applicant was not a genuine applicant for entry and stay as a student and they therefore 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).
[1] 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.
On 16 August 2023, the applicant applied to the Tribunal[2] to have this decision reviewed. On 22 January 2025, she appeared in a video hearing before the Tribunal to give evidence and present arguments. The applicant’s cousin was also present as a support person. She was assisted in relation to the review and her representative has provided written and verbal submissions. The Tribunal hearing was conducted with the assistance of an interpreter in the Sinhala and English languages.
[2] On 14 October 2024 the Administrative Appeals Tribunal (AAT) became the Administrative Review Tribunal (the Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT. This decision and statement of reasons is made by the Tribunal.
In addition to her evidence given at the Tribunal hearing, the Tribunal has considered her written statements and documentary evidence, submissions from her representative and also other relevant documents on the Tribunal and Department files. Set out below is the Tribunal’s analysis of the relevant evidence and its reasoning in reaching the finding that the applicant does in fact meet the criteria in issue. The Tribunal therefore sets aside the decision under review and remits the visa application for reconsideration.
CRITERIA IN ISSUE
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. The issue in the present case is whether the applicant is a genuine applicant for entry and stay as a student (cl 500.212).
Cl 500.212 Genuine applicant for entry and stay as a student temporarily
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.
In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
·the applicant’s circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant’s future;
·the applicant’s immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
·if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
·any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
ASSESSMENT
Cl 500.212(a): Intention to genuinely to stay in Australia temporarily as a student
The applicant is a 36 year old Sri Lankan citizen from Ragama, Sri Lanka. She has provided documentary evidence of her identity and nationality, her marriage, Diplomas in Beauty Culture and Hairdressing, Hotel Management and Early Childhood Development and Pre-School Education, her employment in hairdressing and teaching, and her AUD 36,000 in savings. She has also provided evidence of enrolment and studies in two courses at the Canberra Business and Technology College: a Certificate III in Commercial Cookery (July 2023 – July 2024), Certificate IV in Kitchen Management (July 2024 – 12 January 2025) and her letter and offer and enrolment in the Diploma of Hospitality Management (28 January – 28 July 2025) which she is just now starting.
The applicant’s husband lives in Ragama. Her husband runs his own business in Sri Lanka. She states that they have a good relationship, that he has been supportive of her pursuing her studies here, but that she is eager to return to him. I accept this is the case.
The applicant arrived in Australia on a visitor visa on 4 April 2023. On 29 May 2023 she applied for the student visa proposing to complete a Certificate III in Commercial Cookery, Certificate IV in Kitchen Management and a Diploma of Hospitality Management over a period of around two years. While her application was refused by the delegate on 31 July 2023, the applicant has completed the first two courses (the Certificate III and Certificate IV) while her review with the Tribunal has been pending. She is seeking to remain in Australia to complete the remainder of her intended course of studies: the Diploma in Hospitality Management. She is currently enrolled in this course.
The applicant states completing the Certificate III and Certificate IV has put her in good stead to become a sous chef in Sri Lanka, but that one she completes the Diploma, she will be well positioned for employment in a managerial role in a restaurant or hotel. Ultimately, she wants to gain some experience and then get a job overseas in the Middle East. She has many friends who have worked in hospitality in region and saved a lot of money. She wants to do this to earn money so she can return to Sri Lanka and re-open her family’s bakery business ‘Kasun’. Kasun was a family business which her parents ran. It is closed for now, but the applicant and her siblings are hoping to bring the bakery back to life.
The applicant has demonstrated thoughtful consideration in why she has sought out study in Australia as opposed to in Sri Lanka. She states that in Sri Lanka, it is mostly school leavers that study such courses, and it is not culturally acceptable for older adults to return to study. The Australian Qualification Framework also ensures that the certifications are globally recognised, giving her a competitive edge in the job market and negating the need for her to do additional assessments when applying for jobs abroad. She also hopes to continue her networking with chefs and industry professionals and fellow students from other countries. She also submits that similar Sri Lankan courses are more basic and do not align with global standards. Australia’s multicultural cuisine are also giving her valuable exposure to a diversity Sri Lanka does not have.
The applicant also explained the reasons she chose the education provider and course. Notably, she is studying with an education provider in Canberra where she has been able to stay in a house with two of her cousins who are permanently resident here. She has been able to do all her chosen courses with his provider, which was also attractive to her for its course content, timing, teaching standards and exposure to industry professionals, its facilities and status as a registered training organisation whose qualifications will be globally recognised.
This is a change of career direction for the applicant, but the applicant has provided evidence of her qualifications and some of her employment and it is clear that she has changed directions before. In 2008-2009, the applicant completed a Diploma in Information Systems. In 2010 she completed a Diploma in Beauty Culture and Hairdressing and worked as a hairstylist from December 2010 until August 2011. In 2012, she completed a Diploma in Hotel Management and then worked as a receptionist for much of 2013. In 2014-15, she completed a Diploma in Early Childhood Development and Pre-school education, and she worked as a Pre-School Teacher from 2014 – 2019. I note that the applicant’s employment fields have tended to directly follow and correlate to studies. The change of career direction is not out of character for the applicant and while her industries have been diverse, she has followed through and worked in her chosen fields for years at a time. This, I consider lends weight to the applicant’s contention that her new direction has been pursued in good faith with genuine intentions to gain employment in her field of study.
The applicants submits that she is not working in Australia (and has not had work rights here) and that there is no financial incentive for her to remain here. While she wants to work overseas in her new profession, she has ruled out remaining in Australia as the cost of living is too high and she cannot envisage taking on a mortgage. On return to Sri Lanka, she expects to be employable as a sous chef, and later to earn a higher wage over a short period in the Middle East, before returning to re-enliven her family’s bakery in Sri Lanka. She has also provided evidence to show she has savings in the amount of AUD 36,000. I consider the applicant has overstated her expected renumeration, but I take into account that it is partly aspirational and based on having already attained industry experience.
In terms of the applicant’s immigration history, she was previously refused a visitor visa to Australia. She states this visa was refused in the wake of the Easter bombings in Sri Lanka but that she was invited to reapply in the following months. However she delayed making a further application for a few years because she got married and wanted to travel with her husband and she was contemplating her study options. The applicant has also travelled to other countries – between 2016 and 2019, the applicant travelled on holidays to Malaysia, Thailand, the United Arab Emirates and France. There is no indication she has ever been refused a visa apart from the first application for the visitor visa to Australia, for which I accept her explanations.
The applicant is not required to do military service in Sri Lanka and while there is a history of civil conflict the country’s security conditions have improved markedly and are now considered to be stable. I do not consider political or civil unrest is something that concerns the applicant now. We discussed the economic collapse of 2022 and the applicant submitted that the country has recovered and that the hospitality sector there is booming now. I do not have specific information about this. I consider it is likely an overstatement, but I note there has been a marked recovery since the collapse and there is a renewed optimism under the new government.[3] Poverty remains an issue and Sri Lanka faces a heavy debt burden but I am satisfied that the applicant’s personal circumstances are such that she and her family are living a comfortable enough life that this is not a disincentive for her to return. I also note her concern about the cost of living and mortgages in Australia.
[3] 'Sri Lanka Development Update: Opening Up to the Future', The World Bank, p.3 (p.14 of PDF), 10 October 2024, 20241011084417; 'Sri Lanka's Inflation Remains Negative for Third Consecutive Month in November 2024', News 1st, 2 December 2024, 20241205101012; 'DFAT Country Information Report Sri Lanka', Department of Foreign Affairs and Trade, 2 May 2024, p.10, 20240502102807; 'Sri Lanka Development Update: Bridge to Recovery', The World Bank, April 2024, p.2 (p.10 of PDF), 20240405091325
The COE, letter from the education provider and other information before the Tribunal confirms the applicant is enrolled in the claimed course and has already completed the Certificate III and Certificate IV. The education provider has confirmed she has successfully completed her results have been satisfactory. I accept this evidence demonstrates the applicant has genuine interest in these studies.
On the evidence before me I accept that the applicant’s genuine intention is to stay in Australia temporarily. While she has been staying with cousins here I am satisfied they are not an incentive for her to remain here as opposed to returning to her significant family ties in including her husband and other family members in Sri Lanka. She also has a family bakery business (and her husband’s business), has travelled extensively and always returned home, always had gainful employment and has a clear plan of returning to her husband and seeking work experience in Sri Lanka, then temporary employment in the Middle East to boost savings before re-establishing her family’s bakery.
The applicant in this case is not a minor and does not have a spouse or indicated any other strong ties to Australia.
Having regard to the applicants’ circumstances, her immigration history and other relevant matters discussed above, I am satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
On the basis of the above, I am satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
Assessment: cl 500.212(b) intention to comply with visa conditions
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
There is nothing to indicate the applicant has not complied with her visa conditions in Australia or any other country in the past and she has stated her intentions to comply with any conditions imposed on this visa. She has provided evidence of her heath insurance in effect until August 2025 (being the expected end date for her course).
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).
Assessment: cl 500.212(c) any other relevant matter
There is nothing else in the material before the Tribunal indicating that the applicant is anything other than a genuine entrant genuine applicant for entry and stay in Australia as a student. I am satisfied that cl 500.212(c) is satisfied.
Conclusion on cl 500.212
For the reasons set out above, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
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 sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 22 January 2025
Representative for the Applicant: Mr Galhenage Ashad Perera (MARN: 0744083)
Attachment – Direction No 108
DIRECTION NUMBER 108 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, CLARE O’NEIL, Minister for Home Affairs and Minister for Cyber Security give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated:
Clare O’Neil

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