Su (Migration) - [2025] ARTA 1781

SU (MIGRATION) [2025] ARTA 1781 (22 AUGUST 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms Chia-Hsien Su
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2411339

Tribunal:Matthew Currie
Place:Sydney
Date: 22 August 2025
Decision:The decision under review is affirmed.

Statement made on 22 August 2025 at 8:44am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – previous working holiday visas and compliant travel – no attendance at English language or business courses – undetailed business plans – mother, brother and wider family in home country, and boyfriend and work in Australia – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212(a)
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 1 May 2024 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 31 October 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.
The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the delegate was not satisfied the applicant was a genuine applicant for entry and stay as a student
The applicant lodged an application for review with the Administrative Appeals Tribunal (AAT). On 14 October 2024, the 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.
The applicant appeared before the Tribunal on 21 August 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Mandarin and English languages.
For the following reasons, the Tribunal considers the decision under review should be affirmed.
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 satisfies cl 5000.212.
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.
Analysis and reasons
Background
This applicant is a Taiwanese citizen who was born in 1992. She grew up in Taiwan and first came to Australia in August 2018 on Work/Holiday visa. She subsequently applied for and was granted further Work/Holiday visas. She lived and worked in Australia until April 2023, when she returned to Taiwan. She returned to Australia for a second time around a week later and stayed for a further two months. She departed Australia for the second time in June 2023. The applicant arrived in Australia for the third time in July 2023.
In October 2023, she submitted a student visa application.
Application & Study
The applicant’s student visa application indicated that she wanted to learn the English language and some professional knowledge and skills related to business. The application indicated that the applicant intended to return to Taiwan at the completion of her studies, find a good job there, and contribute to her hometown. The applicant’s application included a two-page written statement (the 2023 GTE Statement) which indicated that her chief motivation to study in Australia was to learn English and to obtain a qualification which would lead to her acquiring a good job in Taiwan.
The applicant has provided copies of an Overseas Student Confirmation-of-Enrolment Certificate for a Diploma of Business which commenced on 6 January 2025, and which ends on 4 January 2026. The Tribunal accepts that the applicant is currently enrolled in a Diploma of Business.
The applicant has also provided a copy of an Overseas Student Confirmation-of-Enrolment Certificate for a General English (Beginner to Advanced) Course that commenced in November 2023 and ended in November 2024. A PRISMS record obtained by the Tribunal indicates the applicant finished the General English Course.
Tribunal outreach
In June 2025, the Tribunal invited the applicant to give, in writing, all relevant information about the course(s) of study they are undertaking and their entry and stay in Australia as a student. The Tribunal requested the applicant submit this information by completing a Student Visa Information Form and returning it to the Tribunal.
The Student Visa Information Form requested the applicant provide information about her education and employment before coming to Australia; information about her travel to Australia and other countries; information about her current Visa application; information about her current and previous enrolment in educational courses in Australia; information about her employment and expenses in this country, and other circumstances including information about her assets, her future plans, her family, and her community ties to Taiwan.
The applicant did not respond to the Tribunals request and did not complete the Student Visa Information Form.
Direction 108 requires the Tribunal to consider the applicants circumstances in her home country. The applicant is a Taiwanese citizen who was born in 1992. According to her oral evidence, her mother and her older brother remain in Taiwan, and she has family ties to them. Her father has passed away, though other members of her wider family also reside in Taiwan. The Tribunal has considered the applicant’s personal ties to Taiwan.
In Taiwan the applicant had attended a vocational school and completed a beautician course. She had not completed any higher studies in her home country. She indicated that she des not have any fears about returning to Taiwan. She stated she did not have concerns about political or civil unrest in her home country and she did not have any outstanding military service commitments. At the hearing, she indicated that she would be happy to return to the Taiwan after she completed her study in Australia.
The applicant gave evidence that she does not own property or other assets in Taiwan. She has limited economic ties to Taiwan. During her hearing, she indicated that she intended to return to Taiwan and open a business. When asked about the business, she said that it would probably be a business that imported beauty products and technology. In the Tribunal’s view, her evidence about her future plans lacked detail.
When asked whether she considered studying in her home country, the applicant indicated she wanted to learn English so that she could talk to international business agents about importing the products to Taiwan. She said that though it was possible to learn English in Taiwan, friends had told her that it was better to learn English in a country where it was the day-to-day language. She did not offer any further evidence about what consideration she had given to studying of business or English in Taiwan. The Tribunal found the applicant’s evidence about her consideration of studying in Taiwan to be superficial.
Direction 108 requires the Tribunal to consider the value of the applicants course of study in Australia to her future. When asked about how her study in Australia was of value to her future, the applicant indicated that she would be able to use English language skills to discuss matters with international suppliers for her company. She said her the business skills she was learning would be of value, were she ever to attend an international expo. She said that if she attended such an event, that other businesspersons would only want to talk to her if they were confident that she had a similar background and skills to them. She cited her business Diploma in Australia as her attempt to obtain a similar background. The Tribunal found the applicant’s evidence about this issue to be unpersuasive.
The applicant’s student visa application does not contain any further information about the value of these courses to the applicant, but her 2023 GTE Statement asserts that knowing the English language would help her to communicate “around the world”. The GTE Statement also indicated that it was very important for her to have a trade qualification and foreign certificate, which is considered “highly valuable” in her home country. The Tribunal has considered the explanations offered in the GTE Statement.
Direction 108 requires the Tribunal to consider the applicants immigration history. As noted earlier, this applicant first arrived in Australia in 2018 on a Work/Holiday visa. She subsequently lived in Australia until mid-2023 on that visa and several additional Work/Holiday visas. During her hearing, the applicant indicated she had never had a pervious visa cancelled or refused. There is no evidence before the Tribunal that the applicant failed to comply with the requirements of any of her previous visas. The applicant indicated she had only ever travelled to one other country (New Zealand) and that she had complied with the visa requirements for that trip. The Tribunal considers the applicant’s immigration and visa history to be favourable.
Direction 108 requires the Tribunal to consider the applicant’s potential circumstances in Australia. According to the applicant she lives in Australia with her Taiwanese boyfriend and two other housemates. She works as a beauty technician, five days per week, earning $30 AUD per hour.
Above, the Tribunal has discussed the applicant’s enrolment in a Diploma of Business (Commenced January 2026, ending in January 2026) and her pervious enrolment in a General English Course (Commenced November 2023, Ending in November 2024). The PRISMS record obtained by the Tribunal indicates the applicant completed the General English Course and was currently studying the Diploma of Business.
However, during her hearing before the Tribunal, the applicant indicated that she had not completed the General English Course and had not attended any classes related to that course at any time after her student visa application had been refused. She also stated that she had not completed the General English course. The delegate’s decision in relation to the applicant’s student visa application was made on 1 May 2024, over a year ago.
The General English course the applicant was enrolled in ran between November 2023 and November 2024. On her own evidence, the applicant ceased to attend classes from May 2024, and so it would appear that she only completed about half of the course. Though the PRISMS Record reports she finished the course, she says, and the Tribunal accepts, that she did not complete the General English course.
Though the Overseas Student Confirmation-of-Enrolment Certificate indicates the applicant had been enrolled in the Diploma of Business since January 2025, at hearing the applicant gave oral evidence that she had not attended any classes associated with that course. When asked, the applicant could not identify the name of the educational institution where she was enrolled. The Tribunal accepts the applicant has not attended any classes for the Diploma of Business. In the tribunals view, the applicant’s failure to attend any classes since May 2024 weigh against the applicant and suggest she may be using the visa program to maintain ongoing residence in Australia.
Conclusion
According to Direction 108, A successful student applicant must be both a genuine temporary entrant and a genuine student. Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily.
The Tribunal has considered this applicant’s circumstances in Australia and in her home country, the value of her course of study to her future, and her immigration history. The applicant is a not a minor, nor has she submitted a Student Guardian application.
Direction 108 indicates that an application for a student 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 Tribunal has considered the applicant’s evidence and circumstances carefully. The Tribunal has accepted the applicant has personal and family ties to Taiwan. The Tribunal also accepts that the applicant is a citizen of Taiwan and has cultural ties to her home. The Tribunal accepts the applicant has no fears about returning to Taiwan, and that she does not have outstanding military service commitments or fear political or civil unrest, or any other issue in her home country. The Tribunal accepts the applicant has complied with the requirements of her current and past visas and that her immigration history is favourable. The Tribunal accepts the applicant is currently enrolled in a Diploma of Business. All of these factors weigh in her favour.
However, the Tribunal is not persuaded that any of those factors, on their own, or in combination, represent an incentive for the applicant to return to Taiwan. Furthermore, the Tribunal has several concerns about issues canvassed in Direction 108. In the Tribunals view, the applicant has not provided any compelling evidence that she seriously considered studying the English language, or Business, in Taiwan. She has not provided persuasive evidence that her study options in Australia would be of any value to her upon return to her home country. She has not provided persuasive evidence that she has genuine plans to utilise her study of the English language, or the Diploma of business when she returns to Taiwan.
Most concerningly, though the applicant was enrolled in the General English course throughout 2024, and she enrolled in the Diploma of Business in January 2025, the applicant has indicated that she has not attended any classes for either course since May 2024, when her student visa application was refused. At her hearing the applicant said that the reason she did not attend any further study was that she had been advised that she was unable to attend any classes after her student visa application had been refused. However, since the applicant subsequently enrolled in the Diploma of Business after her student visa had been approved, the Tribunal found this explanation unpersuasive. The Tribunal notes that though the applicant has not been attending classes for over 12 months, she has continued to work in Australia during period. In the Tribunal’s view, the applicant’s failure to attend classes for over 12 months and her continued work throughout her time in Australia, suggest that the applicant is using her student visa application to circumvent the intentions of the migration programme and to maintain ongoing residence in Australia.
On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).
Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.
DECISION
The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.
Dates of hearing(s): 21 August 2025
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.