Wau (Migration) - [2025] ARTA 1782

WAU (MIGRATION) [2025] ARTA 1782 (29 AUGUST 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Jefriman Wau
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2411023

Tribunal:General Member K McGrath
Place:Brisbane
Date: 29 August 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 29 August 2025 at 11:52am
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – value of course to applicant’s future – economic circumstances – study and plans for employment then own business to support sisters after deaths of parents – comparative income and cost of living – consistent study, certificate courses completed and diploma course in progress – reasonable knowledge of provider and course – one sister an Australian citizen – close relationship and support – decision under review remitted
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 18 April 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 23 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 applicant applied for his student visa on the basis of enrolment in a Certificate III in Individual Support (Certificate III), Certificate IV in Ageing Support (Certificate IV) and Diploma in Community Services (Diploma) at Educare College.
His student visa application sets out that the applicant completed his secondary studies in Indonesia. He has not completed any further studies outside of Australia. In Indonesia, he was employed from 2009 until 2023 in a range of roles. He started work as a sales person, then worked as a teacher, a supervisor in a bakery, in marketing and then as a phone technician. He has never been married. He has two sisters in Indonesia and one sister in Australia.
In the genuine temporary entrant statement provided with his visa application, the applicant states that his life was significantly impacted by the passing of his mother and, later, his father. He was the primary caregiver for his father. After the passing of his father, the applicant needed to rebuild his life. After careful consideration and thoughtful discussion with his sisters, he decided to pursue studies focusing on caring for others. The quality of education in Indonesia is not as good as in Western countries. Studies available in relation to care in Indonesia are limited and do not provide the training that he was seeking.
On completion of his studies, he wants to return to Indonesia and work as a support worker. His ultimate goal is to establish his own care centre in Indonesia.
His parents taught him from a young age that, as the only son, he must take care of his sisters. They are his most cherished treasures, especially since his parents passed away. He cannot wait until he is reunited with them.
The applicant provided supporting documents to the delegate including a letter from one of his sisters, photos with his family in Indonesia, job advertisements relating to roles in the care sector in Indonesia and a business plan relating to the business that he would like to establish in Indonesia.
The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).
The applicant applied to the then Administrative Appeals Tribunal (AAT) on 7 May 2024 for review of that decision.
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), 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 proceeding before 14 October 2024 is taken to have been done by the Tribunal.
The applicant provided further documents to the Tribunal including;
a.Certificate, Record of Results and Course Completion letter for the Certificate III,
b.Certificate, Record of Results, Course Completion letter and Vocational Placement Logbook for the Certificate IV,
c.A CoE for the Diploma, with a course end date of 20 July 2026. This is consistent with the applicant’s record on the Provider Registration and International Student Management System (PRISMS), which the Tribunal has accessed, and
d.Submissions.
In the Request for Student Information Form, the applicant provided information consistent with that provided to the delegate.
The applicant appeared before the Tribunal on 21 August 2025 to give evidence and present arguments. The Tribunal also received oral evidence from Nelianti Wau, the applicant’s sister. The Tribunal hearing was conducted with the assistance of an interpreter in the Indonesian and English languages. The applicant was represented 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
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 a genuine applicant for entry and stay in Australia.
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.
On the basis of the below, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
The applicant’s circumstances in their home country
As to the applicant’s circumstances in his home country, the Tribunal accepts the applicant’s evidence that he is very close to his two sisters in Indonesia and that, as the only son, he feels a strong sense of responsibility towards them. The Tribunal considers this relationship to be a significant incentive for the applicant to return to Indonesia.
The Tribunal accepts the applicant’s evidence about his economic circumstances in Indonesia and Australia. Specifically, the Tribunal accepts that the applicant’s economic circumstances in Indonesia to date have been difficult and that he wants to use his employment on return to Indonesia, based on his Australian studies, to change the economic future of his family. The Tribunal accepts the applicant’s evidence that the wages that he can earn in Indonesia with his Australian qualifications will allow for a high standard of living and for the applicant to retain a higher proportion of his salary, as compared to in Australia, due to the higher cost of living in Australia. The Tribunal accepts the applicant’s evidence that he has not had paid work in Australia and notes that the applicant has had a ‘no work’ condition on his visa since arrival. The Tribunal considers that the applicant has economic goals that are best met based on work in Indonesia and not Australia and that the applicant’s economic circumstances do not present a significant incentive for the applicant not to return to Indonesia.
The Tribunal accepts that applicant’s evidence that he undertook his studies in Australia because the quality of education is higher in Australia than in Indonesia and because course offerings in the care sector were much more limited in Indonesia and did not cover what the applicant wanted to study. The Tribunal considers these to be reasonable reasons for the applicant not studying in Indonesia.
The applicant accepts the applicant’s evidence that he has no concerns about political and civil unrest or military service commitments in Indonesia. The Tribunal considers that these do not present a significant incentive for the applicant not to return to Indonesia.
In sum, the Tribunal considers that the applicant’s circumstances in his home country are indicative of an intention by the applicant to stay in Australia temporarily.
The applicant’s potential circumstances in Australia
In relation to the applicant’s potential circumstances in Australia, the applicant’s relationship with his sister is of some concern to Tribunal. The Tribunal accepts the applicant’s evidence that he has a very close relationship with his sister, Nelianti Wau, and thathe has been living with, and has been supported by, his sister while in Australia. The Tribunal further accepts that the applicant’s sister has lived in Australia since 2015 and is a citizen of Australia. The Tribunal has accepted, as above, that the applicant has two further sisters who remain in Indonesia. The Tribunal accepts the applicant’s sister’s evidence at hearing that the applicant has an equally close relationship with each of his sisters. The Tribunal considers that the applicant’s sister’s long-term residence in Australia may provide an incentive for the applicant to remain in Australia.
There is no evidence before the Tribunal to suggest that the applicant has any other strong ties to Australia, or that he has entered into a relationship of concern.
The Tribunal considers that the applicant has a level of knowledge of his course of study and education provider that is reasonable in the applicant’s circumstances. At hearing, he was able to speak to the content of his course and his recent assessment in a level of detail consistent with a person engaged in the course.
The applicant’s evidence, which is supported by his movement and PRISMS records, is that he commenced studies shortly after arriving in Australia. He has studied consistently since this time, progressing through his Certificate III and IV and on to his Diploma. A recent letter from his education provider confirms that he has successfully completed two units of his Diploma to date. The applicant has been in Australia for just over two years and intends to depart following the completion his current course in July 2026, approximately three years from his first entry. The Tribunal accepts this evidence and considers that the applicant is not using his student visa application to maintain ongoing residence or to circumvent the intentions of the migration program. The Tribunal considers this to be strongly indicative that the applicant intends to stay in Australia temporarily only.
In summary, the Tribunal considers that the applicant’s circumstances in Australia both provide support, and raise concerns, as to the applicant’s intention to stay in Australia temporarily.
Value of the course to the applicant’s future
In terms of the value of the courses to the applicant’s future, the Tribunal accepts that the applicant has previously completed his secondary education and that he has been employed in varied roles across different sectors while in Indonesia. The Tribunal finds that the applicant’s Australian studies are consistent with his current level of education and are not inconsistent with his past employment, which had not on settled a specific area of focus.
The applicant gave persuasive evidence at hearing, which was consistent with his written statements to the delegate and the Tribunal, that he is committed to a career in the care profession in Indonesia, having cared for both of his parents in the lead up to their passing. On return to Indonesia, he would first seek in employment in the sector and, later, look to open his own business which would, initially, provide care to those in his family and later expand. He expects to earn the equivalent of $AU9,000 to $14,000 employed in the care sector, which, given the low cost of living in Indonesia, would allow him to both meet his expenses and save money. While he may earn a higher salary in the care sector in Australia, his living costs would be much higher and his capacity to save lower. He wants to change the economic future of his family by working and saving in Indonesia. The Tribunal accepts the applicant’s evidence in this respect and considers that the applicant’s courses have significant value to his future in Indonesia. The Tribunal considers this indicative of an intention by the applicant to stay in Australia temporarily.
In sum, the Tribunal considers that the courses studied by the applicant have a value to his future which is indicative of an intention by the applicant to stay in Australia temporarily.
The applicant’s immigration history
Finally, the applicant’s evidence is that he has not had any visa (other than the student visa which is the subject of this review) refused or cancelled in Australia or any other country. He has not overstayed or failed to comply with a condition of a visa in Australia or any other country. There is no information before the Tribunal to suggest otherwise, including in the applicant’s movement records. The amount of time that the applicant has spent in Australia is not of concern to the Tribunal (as above). In sum, the Tribunal considers the applicant’s immigration history to be indicative of an intention by the applicant to stay in Australia temporarily.
Conclusion
While the Tribunal has some concerns arising from one of the applicant’s sisters residing in Australia, it is significant that he is equally close to each of his three sisters, two of whom remain in Indonesia. Further, the Tribunal has found that the remaining factors to be considered are indicative of an intention by the applicant to stay in Australia temporarily. The Tribunal has found that the applicant has a strong sense of responsibility to his sisters, including to change the economic future of his family by utilising his Australian qualifications to obtain well-paid work in Indonesia. Considering the relevant circumstances as a whole, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
Does the applicant intend to comply with visa conditions?
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed. The following conditions may also be imposed in some cases (cl 500.611(2)): 8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).
The applicant set out in his Genuine Temporary Entrant statement that he would comply with the conditions of his student visa, if granted. The Tribunal accepts this evidence. There is no evidence before the Tribunal, including no evidence on the face of his movement or PRISM record, that the applicant has not previously complied with the conditions of his Australian visas.
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 to consider. The Tribunal is satisfied that the applicant meets the requirements of c500.212 (c).
Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 21 August 2025
Representative for the Applicant: Mr James William McNess (MARN: 2318131)
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.