Shahzad (Migration)
[2025] ARTA 892
•7 February 2025
Shahzad (Migration) [2025] ARTA 892 (7 February 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Muhammad Umer Shahzad
Respondent: Minister for Immigration and Multicultural Affairs
Tribunal Number: 2313742
Tribunal: General MemberS Manera
Place:Sydney
Date: 7 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 07 February 2025 at 3:09pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – plans to start a business – return visits to Pakistan – significant family ties in home country – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359, 499; Direction No 108
Migration Regulations 1994, Schedule 2 cls 500.212, 500.611STATEMENT OF REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister Immigration and Multicultural Affairs on 22 August 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 23 June 2023. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
In support of his student visa application, the applicant provided the Confirmation of Enrolment (COE) for 6 courses: a Certificate III in Commercial Cookery, a Certificate IV in Commercial Cookery, and a Diploma of Hospitality Management at Perth College of Business and Technology Pty Ltd (Perth College of Business and Technology), and a Certificate IV in Kitchen Management, Diploma of Hospitality Management, and a Graduate Diploma of Management (Learning) at Gills College Australia Pty Ltd (Gills College).
The applicant provided a document called ‘Statement of Purpose’ in support of his student visa application. In it, the applicant stated that he pursued culinary studies for many reasons including, but not limited to, the numerous career opportunities for skilled professional cooks including the option of starting his own hospitality business in Pakistan.
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). The delegate did not accept that the applicant is a genuine applicant for entry and stay as a student. On the evidence before him, the delegate was not convinced the proposed courses would add value to the applicant’s future.
The applicant applied for review on 5 September 2023. He provided the Tribunal with a copy of the delegate’s decision.
The applicant appeared before the Tribunal on 14 and 30 January 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Urdu and English languages.
The applicant was assisted in relation to the review. The applicant’s representative attended the first hearing only.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application 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.
Genuine applicant for entry and stay as a student (cl 500.212)
Clause 500.212 requires as follows:
The applicant is a genuine applicant for entry and stay as a student because:
(a)the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i)the applicant’s circumstances; and
(ii)the applicant’s immigration history; and
(iii)if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv)any other relevant matter; and
(b)the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i)the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii)the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c)of any other relevant matter.
Does the applicant intend genuinely to stay in Australia temporarily?
In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
·the applicant’s circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant’s future;
·the applicant’s immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
·if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
·any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
The applicant has provided substantially more evidence to the Tribunal than what was before the delegate. Prior to and after the hearings, the applicant provided documentary evidence regarding his father’s assets in Pakistan, his mother’s health condition, his work experience in Pakistan, and his course progression in Australia.
During the hearing the applicant confirmed that he entered Australia in December 2021. He commenced studying a Diploma of Leadership and Management, but after 3 months of study he decided to switch to hospitality courses. He discovered that he liked Australia’s hospitality culture, which he found to be far more diverse than the hospitality culture in Pakistan. He was also attracted to learning a practical skill in Australia, which he realised that his leadership and management course would not provide. He stated that he commenced a Certificate III in Commercial Cookery at the Perth College of Business and Technology and completed 19 units. He then returned to Pakistan in December 2022 as he was homesick and his mother was ill, and returned to Australia on 6 January 2023. He continued with his commercial cookery course until approximately March 2023. He relocated to Sydney in March 2023 as his close friend from Pakistan with whom he was living in Perth had decided to relocate to Sydney. The applicant decided to follow his friend as he did not have any other personal ties in Australia and, considering this was the first time he had lived away from Pakistan, he did not feel comfortable remaining in Perth by himself. Furthermore, his mother in Pakistan was unwell and the applicant felt homesick; he preferred to stay with someone who he knew well from Pakistan. After the applicant relocated to Sydney he enrolled in commercial cookery courses at Gills College. However, he was unable to commence these courses. He was made aware by an acquaintance employed at Gills College that the college was subject to investigation by the authorities and risked losing its registration as an educational institution. As such, the applicant enrolled in cookery courses at Pacific College of Technology (Pacific College). The applicant stated that he has completed a Certificate IV in Kitchen Management, he is on track to complete a Diploma of Hospitality Management in March 2025, and he will commence an Advanced Diploma of Hospitality Management in March 2025, which he is due to complete in September 2025.
The Tribunal has reviewed the supporting documents provided by the applicant and finds that, considering the letter, qualification certificate and academic transcript from Pacific College, the applicant’s oral evidence regarding his course progression is accurate. The Tribunal finds that the applicant has successfully progressed through his courses of study and, as can be seen from his academic transcript, he has obtained credit transfers for many of his units of study. The Tribunal finds that the applicant’s successful course progression is indicative of a genuine student, and the Tribunal places weight on the fact that the applicant is due to complete his final course in approximately 7 months. While the Tribunal notes the applicant entered Australia in December 2021 and did not complete his first course until January 2025, the Tribunal considers there is a reasonable explanation for this. The Tribunal has considered the applicant’s reason for relocating to Sydney even though he had completed approximately two-thirds of his Certificate III in Commercial Cookery in Perth. Considering the applicant’s oral evidence that he felt overwhelmed at the prospect of his one connection in Australia moving to the other side of the country, and considering the applicant was living with this friend in Perth, the Tribunal understands the applicant would wish to move to the same city as his friend. Furthermore, the Tribunal notes that upon moving to Sydney the applicant enrolled in and continued to study cookery courses, and he was able to obtain credit transfer for the units of study he had completed in Perth. This demonstrates that his intention to pursue culinary studies had not changed. While the applicant was not studying for a period of approximately 6 months between March 2023 and October 2023, the Tribunal accepts that this was due to circumstances beyond the applicant’s control, namely the ongoing investigation into Gills College (which was subsequently deregistered and shut down) and the commencement date of the courses into which the applicant had enrolled at Pacific College.
The Tribunal put to the applicant during the hearing that there were similar hospitality courses available in Pakistan, such as the certificate and diploma in professional cookery at the College of Tourism & Hotel Management Group (COTHM), which appeared to be a leading hospitality college in Pakistan. The Tribunal informed the applicant that according to information from its website[1], COTHM appeared to have course fees significantly lower than the applicant’s courses of study in Australia, it provided internationally recognised qualifications, and it offered internship opportunities. The applicant acknowledged that there were reputable hospitality courses available in Pakistan, however his purpose in coming to Australia to study was to meet different people and immerse himself in a different culture. The applicant said that upon arrival in Australia he discovered many different people and cultures, and his experience of hospitality in Australia was not like what he had experienced before. He stated that he had tried and enjoyed all kinds of different foods, and he had experienced a different culture in terms of dining experiences. He stated that he would not have had these opportunities in Pakistan. While the Tribunal finds that similar hospitality courses are available in Pakistan, it has also considered the cultural and social education the applicant has received in Australia, and it finds the applicant has derived a significant benefit from his education and experiences in the intersection of cultures and cuisines. On the evidence before it, the Tribunal accepts the applicant has reasonable motives for not undertaking the study in Pakistan.
[1] Best Hospitality and culinary Education in Pakistan | COTHM
Likewise, the Tribunal is persuaded by the applicant’s evidence regarding the value of the courses to his future. During the hearing the applicant provided detailed oral evidence regarding his plans for the future, namely starting a restaurant that specialised in mutton karahi and Karachi biriyani. He stated that he intended to rent a pre-set-up kitchen and would start a restaurant on land owned by his father. He stated that there are many “foodies” in his home area, as the food culture in Pakistan has significantly grown with the advent of YouTube street food videos and food bloggers. The applicant stated that he had learned about hospitality management from his teachers in Australia and, while he did not have experience in the hospitality industry in Pakistan, he has acquired some experience in Australia, and he understands the business culture in Pakistan as he has worked with his father in his father’s business. The Tribunal accepts that the applicant’s proposed courses align with his plans the future, and the Tribunal further notes that his evidence regarding his plans for future have been consistent amongst the evidence provided to the Department and the Tribunal. The Tribunal accepts that the courses are relevant to the applicant’s proposed future employment in his home country. The Tribunal also accepts that the applicant is undertaking courses consistent with his current level of education, considering he commenced but did not complete a bachelor’s degree in Pakistan. As such, it appears the highest level of education he has completed in Pakistan is his high school certificate.
As to the applicant’s immigration history, the Tribunal notes the applicant has not claimed to have applied for a permanent Australian visa and there is no evidence before the Tribunal that the applicant has ever had an Australian visa cancelled or has been refused any other Australian visa besides the present matter. There is no evidence before the Tribunal that the applicant has ever visited or applied to visit any other country. The Tribunal does not consider the applicant’s immigration history undermines his claims.
On the applicant’s oral evidence, and on the documentary evidence provided, the Tribunal accepts the applicant’s father has substantial assets in Pakistan, including land and businesses, and that there is no evidence before the Tribunal that the economic circumstances of the applicant would present as a significant incentive for him not to return to his home country. Furthermore the Tribunal finds the applicant’s ties with Australia, which can be summarised as him having a couple of Pakistani friends in Australia, do not present as a strong incentive for the applicant to remain in Australia. The Tribunal also finds that the applicant has significant personal ties to his home country, namely his parents, brother, sister, friends and extended relatives. Considering the applicant’s close relationship with his parents, and the fact that he travelled to Pakistan in December 2022 due to his mother’s illness, the Tribunal finds the applicant’s personal ties to Pakistan serve as an incentive for him to return to Pakistan at the completion of his studies.
There is no evidence before the Tribunal that there are military service commitments or civil and political unrest in Pakistan that would present as a significant incentive for the applicant not to return to his home country.
On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
Does the applicant intend to comply with visa conditions?
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed. 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).
There is no evidence before the Tribunal that the applicant has not complied with the conditions of the visas he has held to date.
On the basis of the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).
Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?
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)).
There is no evidence before the Tribunal that there is any other relevant matter to consider. As such, the Tribunal finds the applicant meets cl 500.212(c).
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.
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 hearings: 14 and 30 January 2025
Representative for the Applicant: Mrs Nazia Saqib (MARN: 1571391)
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.
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