WEERASOORIYA MAHAWATTAGE (Migration) - [2025] ARTA 1326

WEERASOORIYA MAHAWATTAGE (MIGRATION) [2025] ARTA 1326 (10 JULY 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms THILINI RASHMIKA FERNANDO WEERASOORIYA MAHAWATTAGE
Respondent:  Minister for Immigration and Multicultural Affairs
Tribunal Number:  2405526

Tribunal:General Member S Dutra
Place:Sydney
Date: 10 July 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 10 July 2025 at 5:04pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – applied after arriving on visitor visa – study and work history, reasons for studying and value of course – course close to complete – original plans for post-study work before departing and later plans for further study – work and financial prospects in home country – care for mother – brother, sister-in-law, aunt and uncle in Australia, and extended family and social networks in home country – 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 Immigration and Multicultural Affairs on 29 February 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 8 December 2023 (SVA). 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 she is not a genuine applicant for entry and stay as a student.
On 20 March 2024 the applicant lodged an application for review of the Delegate’s Decision with the former Administrative Appeals Tribunal (the AAT). She was represented in respect of the review by a legal practitioner.
On 14 October 2024, the AAT became the Administrative Review Tribunal (the Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT. This decision and statement of reasons is made by the Tribunal.
On 24 March 2025 the Tribunal requested the applicant provide information that she is enrolled in a registered course of study; and a genuine applicant for entry and stay as a student. It referred her to the Request for Student Visa Information Form (SVI) and noted that in considering whether an applicant is a genuine applicant for entry and stay as a student, the Tribunal must have regard to Ministerial Direction No.108 ‘Assessing the genuine temporary entrant (GTE) criterion for Student visa’. It provided her with a link to Ministerial Direction No.108. The applicant provided a completed SVI form and additional documents.
The applicant appeared before the Tribunal via video on 8 May 2025 to give evidence and present arguments. In her completed Response to Hearing Notice form the applicant indicated that there are no witnesses from whom she wishes the Tribunal to take oral evidence. The Tribunal hearing was conducted in the English language. The applicant’s RMA was unable to attend, but a representative from the RMA’s office was in attendance via video. The hearing commenced 8 May 2025 with the applicant attending from an open and public location which she described as a public library. She said that her headset was not working and her discussion with the Tribunal could be heard by others through the speakers on her computer. After one unintended disconnection from the hearing by the applicant, 20 minutes of a scheduled 1-hour hearing had transpired with little progress. In the interests of fairness, efficiency and access, the Tribunal adjourned the hearing.
The hearing resumed on 26 June 2025, with the applicant appearing via video from the Tribunal’s registry in Melbourne, and the Member hearing the matter from the Tribunal’s registry in Sydney. Again, the applicant’s RMA was not in attendance, however a representative from his office attended with the applicant from the Tribunal’s registry in Melbourne. An interpreter in the Sinhalese and English languages was requested for the resumed hearing and was provided. The interpreter attended by video from a third location.
CLAIMS AND EVIDENCE
Claims and Evidence Before the Department
According to the SVA, completed with assistance from an education agent, the applicant is a single female national of Sri Lanka born in Kalutara, Western Province, in September 1996. Her main language is Sinhalese. At the time of application her residential address in Sri Lanka was in Western Province. Her family members were her mother residing in Sri Lanka, and her brother, born in April 1993, whose usual country of residence was Australia.
Her highest level of education at the time of application was a Bachelor of Science (BSc) from the University of Colombo, Sri Lanka. With the SVA the applicant submitted an academic transcript issued on 17 July 2023 showing her competent completion of that BSc.
Her SVA identifies her employment history comprising an internship as a data analyst between May and September 2023 for a company in Sri Lanka. No other employment is identified. A letter from her employer dated 10 August 2023 is submitted as evidence of that employment.
Her travel history comprises travel to Australia on a visitor visa between September and December 2023 to visit family.
The applicant’s SVA was accompanied by identity documents, health insurance records, academic records, financial records, and an unsigned and undated ‘Statement for Genuine Temporary Entrant Requirement’ (GTE Statement) submitted to the Department on 8 December 2012. The GTE Statement adds, in summary:
a.She is the youngest of her parents two children. She has an older brother. She comes from a loving family. Her father was a government officer but passed away in 2021. Her mother is a retired government officer.
b.In July 2023 her brother completed a Master of Information Technology at Charles Sturt University, Melbourne. He is working at NCR Corporation Australia as a Customer Engineer, holding temporary residency status.
c.In June 2023 the applicant arrived in Australia with her mother, holding a visitor subclass 600 Visa, for the purpose of attending her brother’s graduation in Sydney. On her arrival she was deeply inspired by Australia’s education system and opportunities. She was also encouraged by her brother and decided to pursue a master’s degree here. She researched opportunities for that and visited an education agent to learn more.
d.She then enrolled in the November 2023 intake of a Master of Management Information Systems at CIC Higher Education College (CIC), Melbourne.
e.Her education history includes completion of a Diploma in Information and Communication Technology at Aquinas College of Higher Studies in 2018, in which she achieved high grades. In 2019 she commenced BSc which she completed in November 2022.
f.In around May 2023 she began working as a data analytics intern for a private company in Sri Lanka.
g.She wants to study in Australia rather than Sri Lanka as she has already undertaken higher education there. She hopes to complement that education with education and experience from a foreign country. While similar master’s courses are offered in Sri Lanka, she believes Australian degrees are better. She is also drawn by Australia’s safe multicultural environment, and by the potential to enhance her English-language abilities in Australia. She believes these factors will enhance her job prospects in Sri Lanka.
h.She decided on CIC as her education provider believing it is a leading college in Australia, with a diversity of international students. CIC is also a member of the EduCo Global group of companies. EduCo is a leader in the provision of education in major English-speaking countries for students from around the world. Before deciding on CIC she researched other education providers including Edith Cowan University and Deakin University. CIC’s master’s course was significantly cheaper than other institutions and seemed to offer better value for money. It was also located close to her brother’s residence.
i.She chose to study a Master of Management Information Systems to expand on her undergraduate studies which included statistics, applied mathematics and computer science, as well as her work in data analytics. She hopes to enhance her proficiency in data/business analytics or data science within the context of information and communication technology and explore its practical implications for management decision-making in the business domain. She sets out the units included in the course, and the learning outcomes.
j.On completing her proposed studies, she intends to apply for a post study work visa in Australia to gain experience to advance her career in Sri Lanka. After that, she intends to return to Sri Lanka, where she anticipates many employment options in the area of data/business analyst/data science/IT project management.
k.In those fields in Sri Lanka, she anticipates a monthly salary starting from around LKR 150,000 to LKR.200,000 (i.e. up to AUD$1037), with potential increases to around LKR 610,000. She attaches screenshots from the Glassdoor website to support this. Considering things like taxes and costs of living, Sri Lanka is a good option for her.
l.Her immediate family comprises only her mother and brother. Her mother was residing in Melbourne at the time of completing the GTE Statement but intended to return to Sri Lanka on 5 November 2023. On completion of her studies in Australia and after a few years of working here, the applicant intends to return to Sri Lanka. She is the only daughter in her family and is responsible for her mother’s care. She will also cohabit with and look after her maternal aunt and uncle who also cared for her during her childhood. Her Catholic faith compels her to do this.
m.She has properties and belonging in Sri Lanka but does not specify what they are. An affidavit from her mother, sworn on 2 December 2023, confirms the applicant’s father’s ownership of properties in Sri Lanka which are intended to be gifted to the applicant and her brother ‘in the near future’. Deeds confirming property ownership are also submitted.
n.She has never had a Visa cancelled nor has she violated any visa conditions.
Delegate’s decision: 29 February 2024
In considering whether the GTE requirements were met, the Delegate’s Decision noted “in summary”:
a.a lack of personal or economic ties which would serve as a significant incentive for her to return to Sri Lanka on completion of her proposed studies;
b.the applicant provided a letter from her employer dated 10 August 2023 indicating grant of leave from 7 September 2023 to 18 September 2023, however the applicant remained in Australia as at the date of the Delegate’s Decision, proposing further stay and study in Australia. This does not demonstrate strong economic ties to her home country.
c.The applicant’s sibling in Australia may diminish the applicant’s incentives to depart Australia on completion of her proposed studies
d.The lack of demonstrated value of the applicant’s proposed Australian studies to her future in Sri Lanka in the context of prevailing economic circumstances there.
Claims and Evidence to the Tribunal
To the Tribunal the applicant submitted documents including evidence of her current studies and course progression in the MMIS at CIC, scheduled for completion in July 2025; reference letters from CIC; evidence of her completion of a data analyst internship in 2025; examples of relevant roles advertised in Colombo relevant to her future employment prospects; evidence of property ownership in Sri Lanka; and evidence of her community and church involvement in Australia.
The above evidence confirms that the applicant’s MMIS is due for completion on 13 July 2025, having commenced on 6 November 2023. According to records submitted from the course provider, as of 2 April 2025, the applicant had successfully completed 120 credit points of the 160 required.
The applicant’s completed SVI form adds, in summary:
a.She first arrived in Australia on 9 September 2023 on a visitor subclass 600 Visa which expired in December 2023. On 8 December 2023 she lodged the SVA.
b.The only course the applicant has enrolled in while in Australia is the Master of Management Information Systems at CIC which she is currently studying, commencing November 2023 and ending in July 2025.
c.Her work experience in Australia comprises an unpaid data analyst internship commencing in January 2025 and ending in March 2025.
d.Her monthly expenses in Australia are around $2300, or around $27,600 per year.
e.Her brother and sister-in-law remain in Australia, and her mother is residing in Sri Lanka. In addition to her mother, she has three aunts, two uncles, seven cousins and ten nieces and nephews in Sri Lanka, as well as many more extended family members. She is very close to her family and is in regular contact with them.
f.Her other ties in Sri Lanka include school and university alumni groups and her hometown church group.
g.In Australia she participates in community events including a soup kitchen and theatre group under the guidance of the Catholic Church. She participates in Catholic Church activities in Australia as well as Sri Lankan cultural events.
h.Her assets and property of significant value comprise a house and land valued at AU$162,000, as well as another piece of land valued at AU$38,000.
i.There is no political or civil unrest in Sri Lanka and she has no requirement to undertake military service there.
Other Information Before the Tribunal
PRISMS records obtained by the Tribunal confirm that the applicant has enrolled in a MMIS at CIC, commencing 6 November 2023 and scheduled to end on 13 July 2025. The total tuition fee is AU$28,000.
Department movement records show that the applicant was granted a visitor subclass 600 visa on 30 August 2023. She entered Australia holding that visa on 9 September 2023 and has not departed since.
Hearing: 8 May 2025 and 26 June 2025
During the hearing the applicant gave additional oral evidence, summarised below.
She said her MMIS course is due to finish on 13 July 2025. There are 3 units left to complete before then. She has submitted her final assignments for 2 of those 3 units and has one more to submit.
As to the cost of the Master of Management Information course she will soon complete, she said the tuition fee was around $25,000. This is not far from the $28,000 total tuition fee identified in the CoE submitted, demonstrating that the applicant had some understanding of the cost of her Australian studies. I explained to the applicant that she has, on top of this, identified her approximate living costs in Australia in her completed SVI, being around AU$27,000 per year; this, together with the total tuition fee for her MMIS course, brings her costs of studying in Australia to around $40,000 per year. She agreed. As to how she has been able to cover those costs, she said her mother sends money from Sri Lanka, and brother who is working in Australia also contributes. As to her mother’s sources of income, she said he has a pension, her late father’s pension, and some savings. Her brother is working in Australia and earning a sound income from which he also supports the applicant’s study costs.
I discussed with the applicant that her completed SVI identifies her anticipated income in Sri Lanka, on completion of the MMIS course, being in the order of AUD$1037 per month. I explained that this seems a very modest return for the high monetary investment discussed above. Noting that her GTE Statement also refers to her intending to gain work experience in Australia before returning to Sri Lanka on completion of her MMIS course, I asked what her expected earnings in Australia would be on completion of her master’s course. She said it would be around $3000 to $4000 per month. I explained that there seems to be a large discrepancy in her potential earning capacity in Australia compared to Sri Lanka, which may raise concerns that this creates a strong incentive for her to remain in Australia for a protracted duration. She responded that she has only identified the entry level anticipated salary in Sri Lanka, and that, over time, she expects her earnings in Sri Lanka will rise to around AU$2000-$2500.
I asked whether it remains her intention to work in Australia for a few years on completion of her master’s course, before returning to Sri Lanka. She said that, if she gets the opportunity, she would like to undertake further study in Australia on completion of her MMIS.
Relevant to the above, I asked if she has a particular course in mind in Australia. She said she would like to do another master’s course in research, in data analytics. I discussed with her that her intention appears to have changed since she lodged her GTE Statement in which she indicates her intention on completion of the MMIS is to apply for post-study work in Australia for a few years before returning to Sri Lanka. I asked her to explain when and how her intention changed to an intention to undertake a master’s course in research. She said that, through her current course, she realised there are opportunities for further study in research. She would like to do that before returning to Sri Lanka. I asked if she has enrolled in any further study or found any specific courses she would like to study on completion of her current course in mid-July 2025. She said she has not, but she is searching online. She said she would like to do a master’s in research with a focus on data analytics or applied statistics. I asked what the anticipated timeframe and costs of those studies would be. She said the tuition fee would likely be around $28,000 per year and would be for a duration of 2 years. In addition, her living costs in Australia would continue to be around AU$27,000 per year. I explained to the applicant that her evidence is that she intends to do further study in Australia which, when tuition fees and living costs are taken into account over a 2-year period, come to almost AU $120,000. She agreed.
I asked when she will know that she has studied sufficiently in Australia and that it is time to return to Sri Lanka. She said that, when she finishes the master’s in research course she will return to Sri Lanka. I explained that it is difficult to rely on that evidence given that she previously said, in her GTE Statement, that her intention on completing her current MMIS course is to work for a few years in Australia and then return to Sri Lanka. She responded that this was her prior intention, but she has now realised there are opportunities for further study in Australia.

I asked how she believes a master’s in research will add value to her future prospects in a way that the MMIS does not. She said that a master’s in research may include and involve work with companies such as Google and will be useful on her return to Sri Lanka. When asked to elaborate on how it would be useful, she said that it would involve real world business exposure and will help her work in the industry.
I asked what, if any, work experience she has had in Australia relevant to her current master’s course and/or data analytics or applied statistics. She said she has only done an unpaid internship as part of her current course.
I asked what she believes the additional value of a master’s in research would be to her future prospect in Sri Lanka in the context of her prior studies comprising a BSc, Diploma of Information and Communication Technology, and a MMIS which she is due to complete in July 2025. She offered a general response which again referred to specialisation in data analytics or applied statistics.
As to how her interest has evolved from a BSc to MMIS and now to research, she said that her favourite subjects while doing her BSc were computer science, statistics and data analytics. She wanted to do research in applied statistics in Sri Lanka, but the opportunity did not arise. The subjects she did in her BSc are directly related to the MMIS course she is currently undertaking. It is her dream to do research in these fields, and that opportunity is available in Australia.
I explained that I have concerns about the value that spending a further 2 years in Australia to undertake another master’s course at an outlay of around $120,000 will have for her future in Sri Lanka. Not addressing those specific concerns, she responded that her mother and brother are happy to support the costs of her further studies in Australia.
Regarding her other close ties in Sri Lanka and Australia, her oral evidence at hearing was that her mother returned to Sri Lanka in August 2024; and has visited Australia twice in total. Her mother lives in Sri Lanka with her sister. The applicant communicates with her mother daily from Australia and would live with her mother and aunt on returning to Sri Lanka.
She said her brother in Australia currently holds a subclass 485 visa. As to whether he intends to apply for permanent stay in Australia, she was not sure. She does not believe he has made such an application yet. She said she also has not applied for any other visas in Australia. She said she lives with her brother and his wife in Australia; she does not have a partner; she does not have any other close ties or extended family in Australia; however there are other people from her village in Sri Lanka who live in Australia.
Regarding her financial assets or monetary ties, she said that she has bank accounts and family land in Sri Lanka, but they are all currently held in her mother’s name. Her mother is prepared, however, to transfer those assets to the applicant’s name.
She said she does not have any concerns for her safety in Sri Lanka and never has. She does not have concerns regarding civil or political unrest there and does not have military service obligations there.
As to whether there is any other relevant matter she wishes to raise, she said there is not. However, her the representative made closing oral submissions to the effect that the applicant is near to the end of her Master of Management Information Course; she has achieved good grades and demonstrated that she is a good and genuine student; she is assisted financially by her brother and mother and does not need to work to cover the cost of her studies in Australia. He asked that the Tribunal consider finding in the applicant’s favour or she will have a refusal decision on her record going forward. She has not yet had any offer to undertake a Master of Research. This is still an idea which may allow her to work and may include a scholarship. The applicant likes the idea of getting more qualifications in Australia so she can get a better job in Sri Lanka, perhaps in the private sector or in a university. She has always been a good student, which is apparent from her BSc from the University of Colombo, which he submitted is a difficult university to gain admission to. He submitted that the applicant is a genuine student.
CONSIDERATION OF CLAIMS AND EVIDENCE
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether, at the time of decision, the applicant meets cl 500.212 (i.e. genuine applicant for entry and stay as a student).
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. That 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 factors specified in the Direction are not intended as a checklist. Rather, they provide general guidance to decision makers for considering the applicant’s circumstances as a whole, in determining whether an applicant satisfies the GTE criterion. The task of this Tribunal is to weigh up the applicant’s circumstances, immigration history and any other relevant matters, to assess those factors as a whole, and determine whether the applicant genuinely intends a temporary stay in Australia at the time of decision.
The available evidence establishes, and I accept, that the applicant is an unmarried female born in September 1996 in Western Province, Sri Lanka. I accept that she lodged the SVA in December 2023 with the intention of completing a MMIS at CIC which commenced on 6 November 2023 and is due for completion on 13 July 2025. According to records submitted from the course provider, as of 2 April 2025, the applicant had successfully completed 120 credit points of the 160 required. I accept that evidence. According to the applicant’s completed SVI, this is the only course the applicant has enrolled in while in Australia. This is consistent with PRISMS records available to the Tribunal. I accept that evidence. I find that she has no Australian course enrolments extending beyond 13 July 2025.
I accept that the applicant is one of her parents only 2 children and that her father passed away in 2021. I accept that her immediate family members now comprise her mother and her brother. I accept that, in around June 2023, her brother completed a Master of Information Technology at Charles Sturt University, Melbourne. He is working at NCR Corporation Australia as a Customer Engineer, holding temporary residency status. I accept the evidence contained in the completed SVA and the applicant’s oral evidence at hearing that, currently, her mother is residing in Sri Lanka, and her brother continues to live in Australia with his wife.
I accept the applicant’s evidence that, in Sri Lanka, she also has her mother, three aunts, two uncles, seven cousins and ten nieces and nephews, as well as many more extended family members. I accept that she is very close to her family and is in regular contact with them. I accept that she has other ties in Sri Lanka include school and university alumni groups and her hometown church group. I also find that the applicant has linguistic, cultural and environmental connections with Sri Lanka, from being raised there, that she does not have in Australia. While I acknowledge that she has close and strong ties to Sri Lanka, I do not consider them to be determinative, even cumulatively, of her intentions regarding her stay in Australia, nor strong evidence that she genuinely intends to stay temporarily in Australia. I note also that her brother in Australia would have had similar ties in Sri Lanka, yet, on the applicant’s evidence, he has chosen to remain in Australia for a protracted period post-completion of his Australian studies. While I am mindful that this is not determinative of the applicant’s intentions regarding her stay in Australia, it does point to he applicant having a strong family tie in Australia who has pursued protracted say in Australia post-dating completion of his master’s course.
I accept that the applicant and her mother arrived in Australia 2023 as visitors for the purpose of attending the applicant’s brother’s graduation. I accept that, during that visit the applicant’s intention changed from an intention to visit to an intention to study. I accept the applicant’s explanation that this was informed by her being inspired by Australia’s education system and opportunities and by her brother’s encouragement wot pursue a master’s degree in Australia. I accept that the then enrolled in the November 2023 intake of a MMIS at CIC Higher Education College (CIC), Melbourne.
I accept that her education background includes a Diploma in Information and Communication Technology from Aquinas College of Higher Studies in 2018; and a BSC from the University of Colombo which she completed in around November 2022. I accept that her work experience is limited, comprising only an internship as a data analyst between May and September 2023 for a company in Sri Lanka. I consider her education and employment history to be consistent with the MMIS she is currently undertaking.
Also relevant to this, the applicant has given coherent explanations for why she has chosen to undertake her MMIS course in Australia rather than Sri Lanka, and how she chose her course provider. Her explanations refer to the reputational advantage of having a qualification form Australia, the potential to increase her English language capacity while studying in Australia, and the safe and multicultural study environment offered in Australia. She also identifies affordability of the CIC course as a reason for selecting her course provider in Australia. I find these explanations persuasive in explaining why she chose to study the MMIS at CIC in Australia.
The applicant was also able to coherently explain the value that her MMIS course provides to her future in Sri Lanka, and how it builds on her prior studies and work experience. She explained that her BSc involved subjects relevant to Information Systems and statistical analysis which have been developed further in her master’s course in Australia. She explained in her written material and her oral evidence at hearing that she wishes to expand on her undergraduate studies which included statistics, applied mathematics and computer science, as well as her work in data analytics. She hopes to enhance her proficiency in data/business analytics or data science within the context of information and communication technology and explore its practical implications for management decision-making in the business domain. Her academic performance points to her being an interested and competent student within all units of the MMIS she has completed. With the MMIS due to conclude on 13 July 2025, I consider this to be strong evidence of her genuine intention to study the MMIS course, and strong evidence of a genuine intention to remain temporarily in Australia.
That intention is also supported by the applicant’s evidence that she does not fear harm in Sri Lanka, she does not have military service obligations there, and she does not have concerns about civil or political unrest there. I accept this evidence.
What is of concern to the Tribunal is the evidence the applicant has given regarding her intentions on completing the MMIS. Specifically, in her GTE statement the applicant said that, on completing her MMIS she intends to apply for a post study work visa in Australia to gain experience and advance her career in Sri Lanka. After that, she intends to return to Sri Lanka, where she anticipates many employment opportunities in the area of data/business analyst/data science/IT project management. In those fields in Sri Lanka, she anticipates a monthly salary starting from around LKR 150,000 to LKR.200,000 (i.e. up to AUD$1037), with potential increases to around LKR 610,000. She adds that, she is the only daughter in her family and is responsible for her mother’s care. She will also cohabit with and look after her maternal aunt and uncle who also cared for her during her childhood. Her Catholic faith compels her to do this. As discussed with the applicant, her evidence regarding her potential earnings in Sri Lanka on completion of the MMIS indicates a very low return for the money she has invested in tuition and living costs to study in Australia. While, in relation to the MMIS, which is very close to completion, this concern is outweighed by the applicant’s demonstrated commitment to study and course progress, in the context of the applicant’s oral evidence at hearing, considered below, it is of some concern.
Specifically, during the hearing the applicant’s evidence was that her intention on completion of the MMIS on 13 July 2025 has changed; and is now to undertake another master’s course in Australia, namely a master’s in research. She said she has not yet enrolled in any such course; she is looking online for possible courses; she would like her master’s in research to focus on data analytics or applied statistics. She identified the anticipated timeframe and costs of those studies to be around $28,000 per year for a duration of 2 years. She anticipated her living costs in Australia would continue to be around AU$27,000 per year. As explained to the applicant, those tuition fees and living costs over a 2-year period come to almost AU $120,000. However, when asked how she believes an additional master’s course in research would add value to her future prospects in a way that the MMIS and her other prior studies do not, she struggled to provide a coherent or persuasive response. Essentially, her response was to the effect that it would give her real world business exposure and will help her work in the industry. Overall, the demonstrated change in the applicant’s claimed intentions on completion of the MMIS, together with her demonstrated difficulties elaborating on the value a master’s in research would have for her future prospects in Sri Lanka, raises concerns about the genuineness of the applicant’s claimed intention to remain temporarily in Australia. I have concerns that the applicant’s intention to incur significant cost by potentially enrolling in another master’s course in Australia, for seemingly little benefit to her prospects in Sri Lanka, may suggest an intention to establish protracted residence in Australia.
Notwithstanding the above concerns, I am mindful that the applicant’s evidence is that she does not have any Australian course enrolment beyond 13 July 2025, when her current MMIS course is due to conclude. I accept that, in respect of her current MMIS course, the applicant has demonstrated a genuine interest and commitment to her studies. Considering this, together with all the evidence before me, having regard to the applicant’s circumstances, her immigration history, and all relevant matters before me; and guided by Direction 108, I find that the applicant intends genuinely to stay in Australia temporarily.
On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
Does the applicant intend to comply with visa conditions?
For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant’s record of compliance with any condition of any visa they previously held, and the applicant’s stated intention to comply with any conditions to which the visa may be subject.
A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents’ education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed. The following conditions may also be imposed in some cases (cl 500.611(2)): 8535 (limited visa entitlement),8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).
There is no evidence before me that the applicant has not complied with any visa conditions to date. She has stated to the Tribunal that she intends to comply with the conditions subject to which her visa is granted. Based on the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).
Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?
For the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). There is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.212 of Schedule 2 to the Regulations.
Dates of hearing(s): 8 May 2025 and 26 June 2025
Representative for the Applicant: Ms AYESHA UDESHIKA JAYAWARDENA
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.