Wahyudi (Migration) - [2025] ARTA 1967

WAHYUDI (MIGRATION) [2025] ARTA 1967 (18 SEPTEMBER 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Miss Najma Nabilah Wahyudi
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2412766

Tribunal:General Member T H R Baggiano
Place:Brisbane
Date: 18 September 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 18 September 2025 at 2:34pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – study and work history – parents’ advice to study first subject in home country – applied after arriving on tourist visa – reasons for change of subject area and studying in Australia – certificate completed and diploma in progress – immediate family, best friends and employment contacts in home country, and some family and friends in Australia – job market research and career plan – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212(a)
CASE
Saini v MIBP [2016] FCA 858
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister on 3 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 10 November 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 because the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) on the basis that she is not a genuine applicant for entry and stay as a student.
The applicant lodged an application for review of the delegate’s decision with the Administrative Appeals Tribunal on 20 May 2025.
On 14 October 2024, the Administrative Appeals Tribunal (AAT) became the Administrative Review Tribunal (the Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), proceedings in the AAT that were not finalised before 14 October 2024 are to be continued and finalised by the Tribunal. Anything done in relation to the proceedings before 14 October 2024 is taken to have been done by the Tribunal. This decision and statement of reasons is made by the Tribunal.
The applicant appeared before the Tribunal on 18 September 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Indonesian and English languages.
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
Student visa application
The applicant entered Australia on 16 October 2023 as a holder of a Visitor (subclass 600) visa. Whilst in Australia and prior to the expiry of the visitor visa, the application lodged a student visa application on 10 November 2023.
Evidence before the Tribunal
The Tribunal has before it a copy of the Department’s file which includes the applicant’s genuine temporary entrant statement, identity documents, evidence of Indonesian qualification, evidence of overseas student health cover and evidence of financial capacity.
On 22 July 2025, the Tribunal received a completed Tribunal student visa information form from the applicant which provided information of the applicant’s previous study and employment history, travels to Australia and to the applicant’s home country and other countries, current study details, immigration history, reasons for not being able to undertake the same courses in Indonesia, ties and circumstances in Indonesia, career plans and value of the Australian courses to the applicant’s future.
Prior to the scheduled hearing, the following information was provided to the Tribunal;
a.Completed ‘Response to hearing notice form’;
b.Indonesian family card;
c.Bachelor of Economics and Business and Taxation degree certificate from Indonesia;
d.High school certificate from Indonesia;
e.Junior high school certificate from Indonesia;
f.Primary school certificate from Indonesia;
g.Ten job advertisements in Indonesia covering a range of roles, such as Marketing Sales Support Manager, Brand Executive and Audience & Influencer Specialist;
h.Letter from SVP Head of Digital Marketing from a financial institution in Indonesia confirming that upon completion of the applicant’s studies, the organisation is committed to offering the applicant a role within their company;
i.Employment confirmation letters from previous Indonesian employers;
j.Confirmations of Enrolment for previous and current courses in Australia;
k.Letter from Australian education provider confirming completion of Certificate IV in Marketing and Communication and current enrolment in Diploma of Marketing and Communication;
l.Interim statement of results for Diploma of Marketing and Communication;
m.Certificate of completion for Certificate IV in Marketing and Communication and statement of results;
n.Certificate from Australian education provider confirming that the applicant was ‘Student of the Week’;
o.Letter from previous Australian education provider confirming applicant’s completion of a General English – Beginner to Upper Intermediate course;
p.Evidence of financial capacity;
q.Evidence of applicant’s parents’ land ownership.
The Tribunal also has before it, information from the Provider Registration and International Student Management System (PRISMS) outlining the applicant’s enrolments, and her movement records evidencing travels in and out of Australia and the Australian visas granted to her.
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.
Evidence at hearing
I acknowledged the written evidence that the applicant had already provided prior to the scheduled hearing date. I explained that while I would be taking into consideration all written and oral evidence, I would be using a targeted approach at hearing to focus on the factors that I thought needed further discussion and assessment.
Previous course cancellations
I noted that according to the Provider Registration and International Student Management System (PRISMS) records, the applicant had enrolled in a Certificate IV in Marketing and Communication which was due to start on 8 January 2024 and finish on 3 January 2025. This course was marked as cancelled. I asked the applicant the reasons for the course cancellation. The applicant was unaware of the cancellation of this course, as well as a subsequent cancellation of a Diploma of Marketing Communication course. The applicant’s representative stated that the cancellations may have been from the provider’s side and emphasised that the applicant had provided evidence of the completion of her Certificate IV in Marketing and Communication course as well as evidence of ongoing studies in her Diploma of Marketing and Communication course. I accepted that despite the PRISMS records showing two entries of these courses being cancelled, I could also see entries relating to the Certificate IV course being finished, and that the applicant was currently studying towards the Diploma course.
Change in study and career path
The applicant had completed a Diploma of Tax Accounting in Indonesia in October 2017 and subsequently worked in a number of rules between 2017 and 2023 including as a Human Resources Specialist, Merchandise Administrator and System Specialist and Project Manager. I asked the applicant if she specifically chose these roles or career path or whether she simply pursued the jobs that were available at the time. In response, the applicant stated that she joined the human resources services team at the time as it was related to tax and required her to process payroll for staff members. After that role in human resources, an opportunity opened up in the marketing field and she was asked to apply for the role. At that point, she took up the Merchandise Administrator role and worked in marketing and project management for four years. Throughout her career in Indonesia, she worked only for financial institutions.
Asked why she originally chose to study tax accounting, she stated that when she was 18 years of age, her parents advised her to pursue those studies. However, she did not enjoy nor feel comfortable working in accounting and payroll.
The applicant explained that prior to studying marketing and communications, when she had applied for another job or sought a promotion, her boss pointed out that she had only a diploma in tax accounting but no relevant qualifications in marketing. As the applicant enjoyed working in marketing and wants to remain in this industry, she feels that her studies will help her desired career trajectory.
Reasons for not being able to study in Indonesia
The applicant stated that studying in Australia has allowed her to learn about creative and critical thinking and get involved in hands-on project portfolios. Whereas, in Indonesia, these factors are lacking. The applicant also stated that studying abroad in Australia has helped her develop different ways of thinking and also different values from domestic students or jobseekers in Indonesia. She was also unable to find a reputable educational institution to complete similar qualifications in Indonesia.
Knowledge of course
The applicant spoke about her completed Certificate IV in Marketing and Communication. She explained that some of the units that stood out to her as being the most useful were promoting your brand through online and offline means. She described the different strategies and techniques including newsletters, email marketing, flyers, billboards and drafting promotions on social media platforms such as Facebook and Instagram. The applicant was also able to outline the units she had already completed as part of her Diploma of Marketing and Communication Course which she is due to finish in
December 2025.
Change of intention from visitation purposes to study purposes
I discussed with the applicant that according to the Department of Home Affairs’ movement records which list out all entries to and departures from Australia as well as all Australian visas granted to her, she entered Australia on 16 October 2023 and subsequently lodged a student visa on 10 November 202. I asked the applicant what prompted the change in intention from coming out to Australia for visitation purposes to then wanting to study. The applicant stated that she first came out to Australia for a holiday. However, after that point, she thought about studying again and researched her options in Australia and spoke to her parents and friends about her idea. She chose to further her career by improving her skills and knowledge in the fields of marketing and communications with the goal of obtaining a better role upon her return to Indonesia. She also stated that Australian qualifications come with an internationally-recognised standard which would also elevate her career in Indonesia.
Future career plans
The applicant confirmed that she continues to maintain the employment network she created whilst in Indonesia. She keeps in touch with previous colleagues, including her former manager who was her supervisor at Home Credit Indonesia. She confirmed that her former manager now works for another financial institution and is the Vice President of the digital marketing department of that bank. He has committed to providing her with a relevant employment opportunity once she completes her Australian studies and returns to Indonesia. The applicant feels that this opportunity is in line with her career aspirations in marketing and is also in an environment that she is familiar with (financial).
Ties in Indonesia and ties in Australia
The applicant stated that her immediate family and her best friends and her professional network are all in Indonesia. While she has some family and friends in Australia, she is not as close to them. Her family have assets in Indonesia, being land, home and vehicles. These assets are not in the applicant’s name, but rather under her family members’ names.
The applicant departed Australia and returned to Indonesia on 31 March 2025 for Eid Fitri and to visit her immediate family, friends and also extended relatives. The applicant’s parents also came to visit her in May/June 2025.
Analysis
In determining the issues before me, I have taken into account guidance from case law which stipulates that cl 500.212(a) is:
a.only concerned with how long a visa applicant intends to stay in Australia; and
b.where, at time of decision, an applicant has a settled intention to later seek a visa that will lead other than to temporary residence, it is unlikely that there is an intention to stay temporarily.[1]
[1] Saini v MIBP [2016] FCA 858.
For reasons set out below, I am satisfied that the applicant genuinely intends to stay in Australia temporarily and will return to Indonesia upon completion of her studies.
I accept the applicant’s reasons for changing study and career paths. As explained at hearing, her parents advised her to study tax accounting in Indonesia. This was not her passion, but she undertook these studies as she was young and influenced by her parents. It was not until she secured a marketing role that she found her interest and passion in marketing and communications. The applicant explained that when trying to seek a promotion in Indonesia, her lack of relevant qualifications disadvantaged her despite having gained employment experience in marketing.
I give weight to the successful completion of the applicant’s Certificate IV in Marketing and Communication and the progress of her Diploma of Marketing and Communication course. She has completed and/or continued these courses despite her student visa having been refused. Her progression indicates that she genuinely intends to complete these courses for the future benefit of her career plans in Indonesia.
Through the applicant’s strong professional network, she has kept in contact with a former manager who now heads up the digital marketing department for a financial institution. I give significant weight to the letter from her former manager committing to offering the applicant a role within the bank upon completion of her Australian studies. This serves as an economic incentive for the applicant to return to Indonesia. The applicant has also provided a written career plan which sets out short-term, mid-term and long-term career goals which speaks to her realistic approach in building up her knowledge and skills and gradually working her way up to a senior management role. She is not simply relying on her former manager’s commitment to offering her a job but has also undertaken employment and market salary rate research and provided evidence of job availabilities in Indonesia that are relevant to her field of study and explained her expected salary range.
With the applicant’s immediate family residing in Indonesia, I find that this serves as a familial, cultural and religious incentive for her to return to Indonesia. While the assets that the applicant mentioned in her evidence are not under her name personally, I give some weight to these family assets insofar as they serve as ties for her remaining family members in Indonesia and increases the likelihood of her family continuing to reside in Indonesia where their assets remain.
I note that at the time of writing this decision, there has been some unrest and protests in Indonesia. However, such protests, including protests about corruption and political issues are common.[2] Despite recent protests, the applicant stated in her written evidence to the Tribunal that she does not have any concerns about military service commitments or political or civil unrest in her country. Collectively, based on this information, I do not find that the recent protests or unrest in Indonesia serve as an incentive for the applicant to remain in Australia.
[2] DFAT Country Information Report – Indonesia, Department of Foreign Affairs and Trade, 24 July 2023, paragraph 3.63.
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 applicant has confirmed that she has abided by all current and previous visa conditions. She is aware of condition 8101 which was imposed on her previous visitor visa and current bridging visa. She has confirmed that she has not engaged in any work whilst in Australia.
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 are no other relevant matters that arise for consideration under cl 500.212(c).
CONCLUSION
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.
T H R Baggiano
General Member
Date of hearing: 18 September 2025
Representative for the Applicant: Mr Mohiuddin Ahmed (MARN: 0963102)
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.