Wijaya (Migration)
[2025] ARTA 1897
•8 September 2025
Wijaya (Migration) [2025] ARTA 1897 (8 September 2025)
Decision and Reasons for Decision
Applicant: Miss Samantha Graciella Wijaya
Respondent: Minister for Immigration and Citizenship
Tribunal Number: 2406751
Tribunal: General Member S Waring
Place: Brisbane
Date: 8 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 08 September 2025 at 5:14pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – genuine temporary entrant – mother and brothers, and family’s house, other property and business in home country – study relevant to plans for expanding business – diploma completed and advanced diploma in progress – reliable evidence – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359(2)
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 14 March 2024 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
At the time the applicant applied for the visa, 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 is now 26 years-of-age. Her home address is in Denpasar, Bali, Indonesia.
On 30 March 2924 Ms Wijaya applied for a Tribunal review of the delegate’s decision. She appeared at the hearing on 4 August 2025 to present evidence and submissions. An interpreter in the English and Indonesian languages provided assistance at the hearing. A number of documents were provided to the Administrative Review Tribunal (the Tribunal), for consideration, prior to the hearing. These are enumerated and discussed below.
Student visa application
On 5 August 2023 the applicant made her first trip to Australia on a subclass 600 (visitor) visa. She exited Australia the day after she was later granted a subclass 020 bridging visa and returned on 4 April 2025.
The applicant lodged a student visa application on 20 September 2023 attaching a ‘genuine temporary entrant statement’ (the original statement) claiming that she decided to study a Diploma and an Advanced Diploma of Leadership and Management at the Institute of Business and Management because her career ambitions lie in expanding the family pastry shop business (in Bali) where she has been working as a pastry chef.
Ms Wijaya indicated that she chose of the Institute of Business and Management as her education provider after researching and visiting several colleges around Sydney. Her choice was confirmed in her mind after meeting with student services there and having a good chat with them about the teaching program and facilities in college.
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). She was not considered to be a genuine applicant for entry and stay as a student. The delegate was concerned that the applicant had provided no evidence that her family had approved her protracted absence from employment in the family business for the purpose of study. In addition, she had not provided evidence of financial assets or property owned by herself in her home country which would have supported a finding that she has a strong incentive to return home at the completion of the proposed study.
Evidence before the Tribunal
On 24 March 2025 the Tribunal wrote to the applicant a s 359(2) letter, which stated as follows:
As you applied for the visa based on undertaking a course of study in Australia, it is a requirement of the visa for the applicant to be:
· enrolled in a registered course of study; and
· a genuine applicant for entry and stay as a student.
You will need to provide sufficient information to satisfy us that they meet both of these visa requirements.
Request to provide information
You are now invited to give, in writing, all relevant information about the course(s) of study they are undertaking and their entry and stay in Australia as a student. Details of the information requested are set out in the Student Visa Information Form (the information form).
The Tribunal also advised 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 criterion for Student visa and Student Guardian visa applications’. A link to the Direction was provided.
On 7 April 2025 the applicant submitted the requested information form to the Tribunal together with supporting documents including:
·a letter from the education provider confirming that she has completed the Diploma course and commenced the Advanced Diploma on 10 March 2025 with a planned completion date of 6 September 2026. The letter (dated 7 April 2025) states that Ms Wijaya is a regular student at the college and completes her assessments on time
·the certificate issued to recognise the applicant’s completion of the Diploma of Leadership and Management at the Institute of Business and Management
·a letter from the education provider (dated 7 April 2025) stating that the Diploma course commenced on 11 September 2023 and ended on 9 March 2025
·a letter of offer dated 14 August 2023 by the Institute of Business and Management for the applicant to study the Diploma and Advanced diploma courses
·Department of Education confirmation of the applicant’s enrolment in the Advanced Diploma course offered between 10 March 2025 and 6 September 2026
·documents confirming the applicant’s identity and citizenship
·receipts for payment of course fees for the diploma issued by the Institute of Business and Management
·official documents (without English translation) described as ‘cars registration’, ‘business certificate’, ‘family card’, ‘house certificate’ and ‘land certificate’. A diagram of real estate plot numbers was attached.
As noted above, Ms Wijaya provided evidence to the Tribunal, from the education provider, that she has successfully completed the Diploma of Leadership and Management course at the Institute of Business and Management.
The Tribunal also has before it records from the Provider Registration and International Student Management System (PRISMS) relating to the applicant’s enrolment/s, and her movement records which set out her immigration history in Australia.
In the Student Visa Information Form the applicant provided significant details – including that she:
·has been a business owner/operator (Amos Patisserie) since 2020 earning an estimated annual salary of AUS $60,000
·studied in Thailand for 9 months commencing in April 2019
·could not find a similar course that specialized in leadership and management in her home country that was up-to-date with current situations and could be applied directly to her business in Bali
·contacts her mother in Bali everyday using WhatsApp
·owns (or shares ownership with her family) 4 cars, a house and a plot of land in Denpasar, Bali
·intends to expand the family business to include a café and to attract international business. Her role, upon returning to Bali, will be as ‘business manager’ where she will recruit, shape and manage the team using the skills and knowledge she acquires from her leadership and management studies in Australia
·anticipates generating business profits of AUS $150,000 per year (and even more) when she returns to her home country.
The hearing
At the commencement of proceedings on 4 August 2025, the Tribunal noted that the issue before it is whether the applicant meets the genuine temporary entrant criterion in ‘the regulations’ per cl 500.212. The requirements (set out in the Tribunal’s letter of 24 March 2025) and Direction No.108 (the Direction) were raised.
Ms Wijaya answered questions addressed to her by the Tribunal consistently with the information above and in detail. The applicant elaborated on her ‘genuine student statement’ and responses in the Student Visa Information Form – stating that:
·she undertook ‘culinary studies’ with education provider ‘Le Cordon Bleu’ in Thailand because her family business in Bali sold snacks and pastries. Her brother also studied at this school. They initially chose an education provider in Thailand because studying there was less expensive
·her brother is also currently undertaking (business) study in Australia. Upon returning to Bali, they plan to open a ‘full service’ French café in Denpasar while also continuing to run the family business from a separate location
·the family-owned business (selling snacks/pies etc.) operates from the family home with a street side stall out front
·she and her brother commenced their own business in partnership (Amos Patisserie) by taking out a 6 month lease on a small shop in a shopping centre where they sold cakes to the public and on-line. They came to realise that they did not have the skill- set to operate (and expand) this business operation. They closed Amos Patisserie down and decided to study business/management/leadership courses in Australia to gain the necessary skills
·upon return to Denpasar they will find a suitable place to set up their French café. It is possible they might build the café on the vacant land owned by their family in Denpasar
·she is sharing a flat with her brother and has a few cousins in Sydney
·she has passed all the requirements of her coursework so far. She attends at the college on-site 2 or 3 days each week. It is a 15 minute walk from her lodgings to the campus
·the assets listed in the Student Visa Information Form are ‘under’ her parents’ name. Her father passed away in March 2025. She and her brother are intent upon taking over, and expanding, the family business for the financial benefit of them all and because their mother is somewhat struggling to run the business in their absence.
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 regulation). 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 meets cl 500.212.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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 the Direction, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s 499 of the Migration Act (the Act). The 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.
The applicant completed high schooling in Bali in 2017. In 2019 she completed a 9-month course of ‘culinary studies’ with education provider ‘Le Cordon Bleu’ in Thailand.
As stated above, the applicant applied for this student visa to study to study a Diploma and an Advanced Diploma of Leadership and Management at the Institute of Business and
Management because her career ambitions lie in expanding the family pastry shop business. These qualifications are at a higher level than her existing educational qualifications.
That the applicant is now undertaking study at a higher level than her previous education, some 4 years since she last studied, and in circumstances where she has worked in the family business (and been co-owner of a separate business) indicates to the Tribunal that her motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
The Tribunal accepts, from Ms Wijaya’s oral evidence, that her plans to extend the operations of her family’s original business (and the business she operates with her brother) are genuine. The Tribunal accepts that the applicant’s current study aligns with and is relevant to this plan.
At hearing the Tribunal found the applicant to be a reliable and forthcoming witness. She was able to provide detailed and thoughtful evidence about her courses of study, her reasons for studying in Australia, her plans for the future and her personal motivations.
The applicant‘s consistent and detailed evidence as to her reasons for choosing to study in Australia is accepted. The Tribunal notes that Ms Wijaya has family ties in Bali, including her mother. Her family owns a small fleet of vehicles, real estate and vacant land and derives its income from selling pastry goods. The Tribunal considers that these factors are indicative of a person who is only a temporary entrant and wishes to return to their country.
Evidence before the Tribunal, including from PRISMS, indicates the applicant is enrolled in and studying the courses she applied for the visa to study. She has had no changes to her enrolments, no enrolments cancelled, and no breaks in her studies. She has completed the Diploma course and is now studying the Advanced Diploma.
Based on the information before the Tribunal it is accepted that the applicant will complete the Advanced Diploma in September 2026 as planned. The Tribunal is satisfied that Ms Wijaya has been studying since her courses commenced in September 2023, including while as the holder of a bridging visa. The Tribunal considers that these matters are strong evidence that she is in Australia for the purposes of study as she claims and is not using the student visa program to maintain residence in Australia for a purpose unrelated to study. The Tribunal weighs this strongly in her favour.
As to the applicant’s circumstances in her home country, no evidence has been presented that the applicant’s economic circumstances would present as a significant incentive for the applicant not to return to Indonesia. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely. There is no evidence before the Tribunal of military commitments that would present as a significant motive for her not to return.
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).
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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) and 8208 (no critical technology related study without approval).
At the hearing the Tribunal discussed conditions applying to her student visa with the applicant. She was aware of these conditions, giving evidence of her understanding of the work limitation that applies, and the requirements that she engage in her study. Ms Wijaya expressly stated that she would comply with the conditions attached to her student visa. The evidence before the Tribunal is that the applicant has abided by conditions of the visas issued to her on 7 July 2023, 20 September 2023 and 11 March 2025.
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 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.
Date of hearing(s): 4 August 2025
Attachment – Direction No 108
DIRECTION NUMBER 108 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, CLARE O’NEIL, Minister for Home Affairs and Minister for Cyber Security give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated:
Clare O’Neil
Minister for Home Affairs and Minister for Cyber Security
Note: Section 499(1) of the Act empowers the Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.
Part 1 - Preliminary
Name of Direction
This Direction is Direction No. 108 – Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 108.
Commencement
This Direction commences on 23 March 2024.
Revocation
Direction No. 69, given under section 499 of the Act, is revoked.
Interpretation
Act means the Migration Act 1958.
Finally determined has the same meaning as is set out in subsections 5(9) and (9A) of the Act.
Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.
Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.
Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Regulations mean the Migration Regulations 1994.
Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Spouse has the same meaning as the definition of the term in section 5F of the Act.
Student visa means a Subclass 500 (Student) visa
Student Guardian visa means a Subclass 590 (Student Guardian) visa.
Application
This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant against the genuine temporary entrant criterion for Student visa applications and Student Guardian visa applications (as applicable).
This Direction also applies to members of the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; who review the decisions of primary decision-makers in relation to a Student visa or Student Guardian visa application.
This Direction applies in relation to Student visa applications and Student Guardian visa applications made before 23 March 2024 but not finally determined on that date, including such visa applications that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
The genuine temporary entrant criterion must be satisfied by all applicants who make an application for a Student visa and seek to satisfy the primary or secondary criteria, or an application for a Student Guardian visa and seek to satisfy the primary criteria.
Note: Direction No. 106 applies in relation to Subclass 500 (Student) visa applications and Student Guardian visa applications made on or after 23 March 2024, including visa applications made on or after that date that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.
Preamble
The Australian Government operates a student visa program that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa program must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.
An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.
The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
a)the applicant’s circumstances; and
b)the applicant’s immigration history; and
c)if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
d)any other relevant matter
This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a) to d), to determine whether the applicant genuinely intends to stay in Australia temporarily.
Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily.
Part 2 – Directions
Assessing the genuine temporary entrant criterion
1.Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
2.Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:
a)considering the applicant against all factors specified in this Direction; and
b)considering any other relevant information provided by the applicant (or information otherwise available to the decision maker)
3.Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.
4.Circumstances where further scrutiny may be appropriate include but are not limited to:
a)information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny;
b)the applicant or a relative of the applicant has an immigration history of reasonable concern;
c)the applicant intends to study in a field unrelated to their previous studies or employment; and
d)apparent inconsistencies in information provided by the applicant in their Student visa application or Student Guardian visa application.
5.An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.
The applicant’s circumstances
6.Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.
7.For primary applicants of Student visas, decision makers should have regard to the value of the course to the applicant’s future.
8.Weight should be placed on an applicant’s circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia.
The applicant’s circumstances in their home country
9.When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:
a)whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant;
b)the extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country;
c)economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant’s circumstances relative to the home country and to Australia;
d)military service commitments that would present as a significant incentive for the applicant not to return to their home country; and
e)political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa or a Student Guardian visa.
10.Decision makers may have regard to the applicant’s circumstances in their home country relative to the circumstances of others in that country.
The applicant’s potential circumstances in Australia
11.In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:
a)The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;
b)evidence that the student visa programme is being used to circumvent the intentions of the migration programme;
c)whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;
d)whether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and
e)the applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to the applicant’s future
12.Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:
a)whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and
b)relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and
c)remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
The applicant's immigration history
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.
b. Previous travels to Australia or other countries, including:
iv.if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control;
v.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
vi.the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and
vii.if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non- compliance.
If the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant
15.If the primary or secondary applicant for a Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.
Any other relevant matters
16.Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.
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