Taneja (Migration) - [2025] ARTA 529

TANEJA (MIGRATION) [2025] ARTA 529 (14 MARCH 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Dheeraj Taneja
Respondent:  Minister for Immigration and Multicultural Affairs
Tribunal Number:  2317146

Tribunal:General Member M Brereton
Place:Melbourne
Date: 14 March 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 14 March 2025 at 11:02am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant and intention to comply with conditions – change of subject area and study at lower level – research of courses and value of international study – course progression – career plans and family, community and emotional ties – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212
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 13 October 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 3 August 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 that they are a genuine temporary entrant for study. The delegate reached this view considering a lack of ties to India, the applicant’s student visa history including course changes, the length of time he has been in Australia, and the value of the proposed course(s) to his future employment plans.
The applicant attended a hearing before the Tribunal on 11 March 2025 where he gave evidence and made submissions.
The applicant was assisted in relation to the review.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
CONSIDERATION OF CLAIMS AND EVIDENCE
Evidence Before the Tribunal
The Tribunal has before it the applicant’s visa application and the material he provided to the Department. This includes his statement to the Department regarding his ability to meet the requirements of the visa, and confirmation of health insurance.
On 20 January 2025, the Tribunal invited the applicant to provide further information about his entry and stay in Australia and requested that he complete a questionnaire (Student Visa Information (SVI)) about his ability to satisfy the legislative requirements. On 3 February 2025, the applicant returned the completed SVI. The applicant provided further documents and submissions on 5 February 2025. The applicant claims to be enrolled in a Graduate Diploma of Management (Learning) at the Australian School of Commerce, that is due to conclude in February 2026.
The applicant’s written submissions refer to and attach:
a.a certificate noting successful completion of a Certificate III in Commercial Cookery, Peach Institute;
b.a record of results for the above course;
c.a certificate noting successful completion of a Certificate IV in Kitchen Management, Gen Institute, dated 30 August 2024;
d.a course completion letter for the above course; and
e.a record of results for the above course.
The Tribunal has information before it which confirms that the applicant is currently enrolled in a Graduate Diploma of Management (Learning) which is due to be completed in February 2026. The Tribunal is satisfied that the applicant is currently enrolled to study.
The Tribunal will now consider whether the applicant satisfies the requirements of cl 500.212 for the grant of the visa.
Statutory Framework
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 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.
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 stay in Australia temporarily
The applicant is a 23-year-old Indian national from Rajasthan, India. He completed his secondary education in Rajasthan in 2019.[1] His parents and siblings remain in India. The applicant was granted a student visa in 2020 on the basis of his enrolment to study a Bachelor of Commerce (Accounting). That visa was cancelled on 22 July 2021 on the basis that the applicant had not entered Australia and was no longer enrolled to study.
[1] Response to Request for Student Visa Information (SVI).
The applicant’s Letter Statement lodged with his application for the current visa explains that:
Unfortunately, my student visa subclass 500 was granted during the time of Global Pandemic (Covid-19) and I was restricted to fly to Australia like many other International Student. Both my mother and father were going through the covid-19 treatment in hospitals, and I was the only one taking care of my parents. That was one of the reasons I could not have managed enough time for my studies and my COE was cancelled and later my visa was cancelled too.
The applicant explains that when the pandemic crisis had passed, he came to Australia. He had enrolled in a Diploma of Leadership Management, but he changed from this course and completed a Certificate Level III in Commercial Cookery. He explains his change of direction to cookery thus:
[I] spent plenty of time at home taking care of my mother after covid19 treatment; as a result, my interest towards cooking has been arousing and inspired by food bloggers. My father used to take care of the business and I used to look after my mother and house. I had to cook daily for my mother and family. In my initial days at home cooking, I used to struggle a lot but then I started watching food blogger’s videos and recipes and started learning about some different styles of cooking. Later on, I started reading some amazing magazines about cooking different styles of food. I started having the idea to change my life by entering the hospitality industry. Thus, to support my idea, I discussed it with many experienced chefs in my hometown, and they all advised me that if I want to progress my career in hospitality, I should be studying Commercial Cookery. I spoke to my family and told them about my changed plan. Luckily, my parents agreed that I need to build theoretical knowledge along with practical skills. This was the reason why I completely changed the enrolled course in Leadership Management to Commercial Cookery to deserve my passion.
In his SVI the applicant states that his “ultimate goal is to open a restaurant in India on land already purchased by their father. This demonstrates a concrete commitment to returning to their home country to pursue their entrepreneurial ambitions”. In his submission to the Tribunal, he states that the shift to a cooking/hospitality course “aligns with the rapid growth of India’s hospitality sector, presenting ample career opportunities”. He submits that it is a genuine career realignment based on industry trends and personal aptitude. At the hearing the applicant also explained that he initially chose an accounting course, because his parents wanted him to undertake professional studies. His parents are both business owners (his father has an electrical shop, and his mother owns a beauty parlour). He explained that his parents have also considered the hospitality courses he has nominated and spoken to other people in India who have done similar courses and his parents are happy with his career plans.
The applicant’s comments about the rapid growth of India’s hospitality sector are supported by information the Tribunal has seen in media and industry sector information and which gives optimistic views of the Indian hospitality sector looking forward from 2025.[2]
[2] Indian hotel market set to grow from $32 billion in FY20 to $52 billion: FHRAI President K Syama Raju - Hotelier India; >
The applicant has family in India and claims to have no family or family ties in Australia. He refers in his SVI to his father having purchased land for the applicant. His SVI also states:
[The applicant] maintains regular contact with their family in India, which includes their father, mother, and sister. They frequently communicate through WhatsApp calls to stay connected and updated on family matters. In November 2023, the applicant travelled back to India to visit their family, particularly to support their mother, who was unwell at the time. After spending time with their family, the applicant returned to Australia in December 2023. This demonstrates the applicant’s strong family ties and their commitment to maintaining close relationships with their loved ones, despite living abroad.
The applicant maintains strong community ties in their home country through active involvement in charitable activities. They contribute to the welfare of underprivileged children by donating old clothes, stationary, and food to charitable organizations and supporting their needs. Additionally, the applicant donates small amount of money for the care of cows in a gaushala (cow shelter), reflecting their commitment to traditional values and community welfare. These activities demonstrate the applicant’s meaningful connection to their community and the dedication to supporting social causes in their home country.
At the hearing the applicant spoke with candour and emotion when talking of his family ties. He said that he is the only son and that he wants to return to India to be with his family. He said that he has no friends or attachments in Australia and all of his friends are in India. He said that Australia has a good culture and is good for learning, but his parents are his support, and he has to return. The Tribunal finds that the applicant does have strong family and emotional ties to India and gives this weight.
There is no evidence before the Tribunal indicating that the applicant has any outstanding military service obligation in India, or any other similar obligation that may influence his decision to return at the end of his studies. The Tribunal gives this some weight.
The Tribunal acknowledges that circumstances can change with the passage of time but on the basis of the evidence set out above, the Tribunal is satisfied that the applicant’s intention is to return to India and his family when studies are complete.
The applicant has provided a detailed summary of the research he undertook prior to coming to Australia and his thought process in selecting the courses he has chosen.[3] He submits that Australian qualifications offer practical and industry integrated training, which is unavailable in India but will be crucial for managerial roles in luxury hotels.[4] In his SVI he states:
[3] Letter Statement.
[4] Applicant’s submission to ART.
The applicant chose to study in Australia instead of pursuing similar courses in India for the following reasons:
Global Recognition and Industry Exposure:
Australian qualifications in hospitality and management are globally recognized and provide exposure to international industry practices. Studying in Australia allows the applicant to gain practical skills and insights that align with global standards, which are not readily available in their home country.
Advanced Curriculum and Facilities:
The courses offered in Australia, particularly at institutions like Jen Institute and the Australian School of Commerce, are designed with a strong focus on practical, hands-on training, supported by advanced facilities. In contrast, similar courses in India often lack this level of practical emphasis and access to industry-standard infrastructure.
Pathway to Leadership Roles:
The applicant’s career goal is to secure leadership positions in the hospitality industry. The combination of practical training and academic excellence in Australia equips them with the specialized skills and international perspective needed to achieve this, which cannot be fully realized through programs in India.
Networking and Multicultural Experience:
Studying in Australia provides opportunities to network with professionals and peers from diverse backgrounds, enhancing the applicant’s understanding of global hospitality trends. Such multicultural exposure is limited in their home country.
Reputation of Selected Institutions:
Institutions like Jen Institute and the Australian School of Commerce are highly regarded for their quality of education, student support, and strong industry connections. These factors influenced the applicant’s decision, as comparable institutions in India do not offer the same level of prestige or opportunity.
By choosing to study in Australia, the applicant aims to gain an education that not only aligns with their career aspirations but also provides them with a competitive edge in the global job market, which would not be achievable through similar courses in India.
The applicant’s submission further notes that India has highlighted a skill gap in high-end culinary operations. This is consistent with other information seen by the Tribunal which identifies key skill gaps at the kitchen management/executive chef levels, including staff and inventory management, communication skills, planning, and professional development.[5]
[5] Government of India, Ministry of Skill Development and Entrepreneurship, ‘Human Resource and Skill Requirements in the Travel, Tourism and Hospitality Sector (2013-77, 2017-22)’, Volume 24, Human Resource And Skill Requirements In The Travel Tourism And Hospitality Sector | Skills Intelligence Platform.
The Tribunal acknowledges the countervailing factors considered by the delegate but having the advantage of the additional information provided by the applicant, the Tribunal does not consider that the applicant’s visa history (especially in the context of the COVID19 Pandemic) casts doubt on the applicant’s intentions.
Having regard to all the above the Tribunal is satisfied that the applicant has given serious and genuine consideration to opportunities that may exist in India, his educational options, the benefits of studying in Australia, and the potential career progression. The Tribunal is satisfied that he has incentives to return to India in the form of family and career prospects for the future. The Tribunal is satisfied that the applicant does not have a military service obligation if he returns. The Tribunal is satisfied that the applicant has expressed an intention to return to India on the completion of the course and that his prospective circumstances there corroborate that intention.
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).
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.
The applicant told the Tribunal that his family is providing financial support for his study. He does some part time work which is also in the culinary industry. He told the Tribunal that even if he was unable to work at all, his family will continue to support him until he has finished the course. The Tribunal has no concerns with the applicant’s credibility or candour and has no reason to doubt that he will comply with any work restrictions on his visa.
The applicant has provided evidence of his successful completion of the Certificate III and Certificate IV courses. In his submission he states that he works part time, and his income is supplemented by family financial support. The Tribunal notes that the part time work is as a chef, which is also relevant to his training and career goals in India. The applicant told the Tribunal that he has attended all of his classes thus far and has passed the previous courses. He said there are no reasons he believes he will be unable to maintain attendance and progress in the final part of his studies. The Tribunal finds that the applicant intends to comply with this condition.
The applicant has provided evidence in his application that he has health insurance until the completion of his studies here.

There is nothing before the Tribunal to indicate that the applicant will be unable or unwilling to comply with the above or any other relevant visa conditions.
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
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)).
The Tribunal has not identified any other matter relevant to this criterion. There is no other information or evidence before the Tribunal indicating that the applicant is anything other than a genuine applicant for entry and stay in Australia temporarily as a student.
Having regard to all the 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): 11 March 2025
Representative for the Applicant: Mr Suraj Khatri (MARN: 0747797)
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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