Xu (Migration)

[2021] AATA 899

Xu (Migration) [2021] AATA 899 (18 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Lu Xu
Mr Dawei Liu

CASE NUMBER:  1929157

HOME AFFAIRS REFERENCE(S):          BCC2019/4026563

MEMBER:Robert O’Neill

DATE:18 January 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicants Student (Temporary) (Class TU) visas.

Statement made on 18 January 2021 at 7:56pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – in Australia for a long period time –genuine temporary entrant criterion not met – enrolment in low-level courses– regression in course studies – decision under review affirmed

LEGISLATION
Migration Act 1958, ss 65, 359, 499
Migration Regulations 1994, r 1.03, Schedule 2, cl 500.211, 500.212

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 25 September 2019 to refuse to grant the primary visa applicant Lu Xu (the applicant) a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act), and consequently to refuse a visa to the secondary applicant Dawei Liu.

2. The applicant applied for the visa on 14 August 2019. 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.

3. The visa application was refused by the delegate on the basis that the applicant did not satisfy the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the delegate did not consider her to be a genuine temporary entrant for entry and stay in Australia as a student.

4. The applicant appeared before the Tribunal on 18 September 2020 to give evidence and present her arguments. The hearing was conducted by telephone in accordance with the COFID-19 Special Measures Practice Direction – Migration and Refugee Divsion. The applicants did not object to this form of hearing and the Tribunal does not consider they suffered any disadvantage from it.

5. The applicant was assisted in relation to the review by her registered migration agent, although she was not present at the hearing. A Mandarin language interpreter was available at the hearing to assist the applicant.

6. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   EVIDENCE AND FINDINGS

   Evidence in support of application

7. In support of her application, the applicant has relevantly provided:

   ·Response to s.359(2) request made by the Tribunal (Form M17)

   ·Current Confirmation of Enrolment

   ·Previously obtained academic qualifications

   ·Confirmation of health insurance

   ·Personal statement dated 14 September 2020

   ·Passports

   ·Certificate of Ownership of Property in China in the applicant’s father’s name

   ·Certificate of deposit evidencing holding CNY204,200

   ·Contract of Employment

   ·Medical record of the applicant’s mother

8. The Tribunal has considered these documents and the evidence given by the applicant in reaching its decision.

9. 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 in cl.500.311. The issue in the present case is whether the primary applicant is a genuine temporary entrant for entry and stay in Australia as a student.

   Enrolment (cl.500.211)

10. The applicant has a current Confirmation of Enrolment and confirmed in oral evidence that she is currently enrolled in an Advanced Diploma of Business at Velocity Institute. The Tribunal is satisfied that she meets the criteria in cl.500.211.

    Genuine applicant for entry and stay as a student (cl.500.212)

11. 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?

12. In considering whether the applicant satisfies cl.500.212(a), the Tribunal must have regard to Direction No.69, ‘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.

13. 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.

14. The Tribunal has considered all of these matters and sets out below the matters which it considers significant in relation to them.

    Entry and visa history

15. The applicant in this case is a 31-year-old woman from China who first arrived in Australia on 17 October 2009 on a student visa.

    Time onshore

16. The applicant has been in Australia for almost 11 years, other than visits home, and has only visited home three times since 2011.

    Study history

17. Prior to arriving in Australia, the applicant had completed high school and an Advanced Diploma in Marketing in China.

18. Since her arrival in Australia the applicant has been enrolled in the following courses:

Institution	Course Name	Enrolment Date	Status	Start Date	End date
La Trobe University	Bachelor of Finance	03/2010	Completed	03/2010	07/2012
La Trobe University	Master of Financial Analysis	07/2012	Completed	07/2012	01/2014
La Trobe University	Master of Professional Accounting	03/2014	Completed	03/2014	12/2014
Mercury Institute of Victoria	Diploma of Leadership and Management	01/2017	Completed	01/2017	01/2018
Sydney Institute of Interpreting and Translating	Diploma of Interpreting	04/2018	Completed	04/2018	11/2018
Sydney Institute of Interpreting and Translating	Advanced Diploma of Interpreting	12/2018	Completed	12/2018	07/2019
Central Australian College	Advanced Diploma of Leadership and Management	08/2019	Completed	08/2019	08/2020
Velocity Education and Training	Advanced Diploma of Business	08/2020	Studying now	08/2020	08/2021

1. If the applicant completes her current course on time, that would result in the applicant’s having resided in Australia for a period of more than 11.5 years.

2. The Tribunal has considered these documents and the evidence given by the applicant in reaching its decision.

   Applicant’s circumstances in their home country

3. The Tribunal has had regard to the applicant’s circumstances in China, relative to the circumstances of others there, as follows:

   Reasons for not studying in home country

   ·A diploma course in China generally takes 2–3 years, while in Australia it’s only one year.

   ·Chinese courses are generally theoretical rather than practical.

   ·There are fewer interactions between students and teachers in China.

   ·In Australia, students are encouraged to do research and development by themselves.

   Personal ties to home country

   ·The applicant’s parents live in China. She has detailed their health issues, in particular her father’s serious heart disease and her mother’s crippling rheumatoid arthritis.

   ·The applicant has friends in China.

   Economic circumstances in Australia as incentive not to return home

   ·The applicant is engaged in business activities through a company called ABM. She earns $30,000pa from those activities. However, she expects to be able to continue them on her return to China.

   ·The applicant has an employment history in Australia and none in China. She does however have an offer of a position in China, albeit one that has been deferred due to COVID.

   Military service or civil/political unrest concerns in home country

   ·The applicant raises no such concerns.

   Consideration

4. The Tribunal accepts that the applicant has an offer of a position in China.

5. The Tribunal accepts that the applicant has family ties to China and that those ties potentially present as an incentive to return, in particular in relation to her parents’ health. The Tribunal considers however that the applicant has only returned home three times in more than 8.5 years. The Tribunal also considers that given the seriousness of the health issues the applicant refers to, in particular her father’s severe heart disease as well as her mother’s severe rheumatoid arthritis, and their long standing, they have not yet proven a significant incentive to return home. The Tribunal considers this a significant indicator that her family ties are not a strong incentive to return home.

   Applicant’s potential circumstances in Australia

6. The Tribunal has had regard to the applicant’s potential circumstances in Australia, based on the evidence provided at the hearing, as follows:

   Applicant’s ties with Australia

   ·The applicant has lived in Australia for 11 years.

   ·The applicant has business interests in Australia.

   ·The applicant’s husband is in Australia with her.

   Evidence visa program being used to circumvent the migration program or is being used to maintain ongoing residence

   ·The applicant has now enrolled in a course that is at a significantly lower level than her previously obtained undergraduate and postgraduate tertiary qualifications.

   ·The applicant is currently enrolled in her fifth vocational-level course, despite having an undergraduate tertiary degree and two masters’ degrees.

   ·The course is in the same broad area, commerce, as her tertiary degrees. While the Tribunal accepts that business administration skills are a different area of study than financial analysis and accounting, the applicant was unable to coherently explain why a person with her background would not study business administration or management and leadership at a tertiary level rather than a vocational level.

   ·This consideration takes on further force in the light of the applicant’s statement that “the work environment in China are quite different compare with Australia because almost companies choose people who have higher degree rather than personal ability” [sic].

   ·The employment contract she produced was for a position as an “Investment Manager for Foreign Projects”.

   ·The Applicant completed her tertiary level studies and then resided in Australia on a Subclass 485 (Temporary Graduate) visa, and a visitor visa, before returning to vocational-level study.

   Applicant’s knowledge of living in Australia, their intended course and level of research into their intended course

7. The applicant provided the Tribunal with information generally about the education provider she has chosen. It is in the nature of promotional material and does not relate to the applicant’s course or her situation specifically.

8. The Tribunal is unable to conclude that the applicant has undertaken any genuine research into her proposed course, course content, education provider or educational objectives as would be expected of a genuine student, based on the information set out above.

9. The Tribunal finds that the applicant has economic incentive to remain in Australia due to her past and current working history in Australia particularly considering the applicant has no work history in China. The Tribunal acknowledges that the applicant can continue her business activities whether in Australia or in China, but considers this a neutral factor. The Tribunal does not give significant weight to the job offer in China, as the applicant has been unable to plausibly explain how the current course will assist her in that position.

10. The Tribunal considers that the applicant does not have family or social ties that present as an incentive to remain in Australia.

11. While the information was general, given she has now lived in Australia for 11 years and is studying her fifth diploma course, the Tribunal accepts that she is familiar with Australia and well placed to choose the course and the institution. However, the Tribunal gives this matter little weight in circumstances where for other reasons the Tribunal does not accept that the course of study has significant value for the applicant.

12. The Tribunal considers that the enrolling in her current course is indicative of an intention to use the student visa program to prolong stay in Australia, not an application for the primary purpose of studying and progressing academically.

13. The Tribunal is particularly troubled by the length of time that the applicant is intending on spending onshore, almost 12 years if she successfully completes the current course. The Tribunal considers that such a long period of residence is not indicative of an intention to remain on a temporary basis. Particularly in the light of the applicant’s student history, it is indicative of the visa program being used to maintain ongoing residence.

    Value of the course to the applicant’s future

14. The Tribunal has had regard to the value of the course of study to the applicant’s future as follows:

    Is the course consistent with the applicant’s current level of education?

    ·The applicant’s current course is at a significantly lower level than her previous study.

    ·The Tribunal accepts that there are courses at a vocational level which might well be of significant value to a person such as the applicant with tertiary qualifications. The applicant’s previous qualifications as an interpreter may be a good example. But the Tribunal considers her enrolment in an Advanced Diploma of Business to be completely inconsistent with her previous qualifications.

    Will the course assist the applicant to obtain employment or improve employment prospects?

    ·The applicant states that she would like to return to China and take up a position as an Investment Manager in accordance with an employment contract she has entered into. (The offer of employment has been deferred pending the COVID crisis.)

    ·The Tribunal is unable to accept, in the absence of corroborative evidence and in the light of the applicant’s significant existing qualifications, that the current course will be of any assistance to that role.

    Expected remuneration using qualifications in home country compared to what is receivable in Australia?

    ·The Contract of Employment does not provide for a specified salary.

    ·The applicant did not specify an expected income. However she considers that purchasing property will be easier in China from a financial perspective. The Tribunal accepts this evidence.

    ·Nevertheless, the applicant and her husband are in employment in Australia and her existing business interests already provide a steady income from Australia.

15. The Tribunal considers that the applicant has not established the value of the course to her future considering her previously obtained qualifications and stated career goals.

    Immigration history

16. The Tribunal has had regard to the applicant’s immigration history. There is no evidence of other visa refusals or cancellations. That is a matter in the applicant’s favour. On the other hand, the length of time the applicant has been in Australia is inconsistent with someone who is a genuine temporary entrant.

    Any other relevant matters

17. The Tribunal did not consider any other matter raised by the applicant to be significant to the application for review.

    Consideration

18. In weighing up the considerations which the Tribunal must consider pursuant to the Schedule and Direction No.69, the Tribunal has given particular weight to the following matters in the applicant’s favour:

    ·her family ties to and friends in China;

    ·her good study record;

    ·her potential employment in China, together with the possibility that she can maintain her current business activities there;

    The Tribunal also accepts, as far as they go, the applicant’s evidence as to the advantages of education in Australia over education in China. However, it gigves those matters very little weight in circumstances where it finds that the course is of little or no value to the applicant’s employment prospects.

    Further, the following matters in particular outweigh those matters and indicate to the Tribunal that the applicant does not genuinely intend to remain in Australia temporarily:

    ·the length of time she has been in Australia

    ·the matters set out above under the heading “Evidence visa program being used to circumvent the migration program”, in particular:

    a.her extensive history in Australia on student visas

    b.the vocational-level course she is studying despite her postgraduate qualifications.

    ·her husband’s presence with her in Australia, in the light of the previous two matters.

19. In particular, while the Tribunal is also of the view that the applicant does not eventually intend to return to China, it primarily and independently considers that she is not genuinely in Australia as a student. Clearly, the majority of her earlier studies were genuine. However, her current enrolment appears to be a pretext for her to stay in Australia, whether to pursue business interests or for other reasons.

20. Considering the above individually and collectively, the Tribunal is not satisfied that the applicant is a genuine student. She is therefore not a genuine applicant for entry and stay as a student. Nor does she genuinely intend to stay in Australia temporarily. Accordingly, the applicant does not meet cl.500.212.

21. Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. It also follows that the secondary applicant does not meet the criteria under cl.500.311. Accordingly, the decision under review must be affirmed.

    DECISION

22. The Tribunal affirms the decision not to grant the applicants Student (Temporary) (Class TU) visas.

    Robert O’Neill
    Member

    
    

    Attachment – Direction No.69

    DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS

    (Section 499)

    I, PETER DUTTON, Minister for Immigration and Border Protection give this Direction under section 499 of the Migration Act 1958 (the Act).

    Dated: 18 April 2016

    Peter Dutton

    
    

    Minister for Immigration and Border Protection

    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 of Direction No. 69 - Preliminary

    Name of Direction

    This Direction is Direction No. 69 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.

    It may be cited as Direction No. 69.

    Commencement

    This Direction commences on 1 July 2016.

    Interpretation

    Act means the Migration Act 1958.

    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’s temporary entrant criterion for Student visa applications in Schedule 2 to the Regulations.

    This Direction also applies to members of the Administrative Appeals Tribunal who review the decisions of primary decision-makers in relation to a Student visa or a Student Guardian visa application.

    The genuine temporary entrant criterion must be satisfied by all applicants who make an application for either a Student visa seeking to satisfy the primary criteria for a Student Guardian visa.

    Preamble

    The Australian Government operates a student visa programme 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 programme 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 of Direction No. 69 - 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.

    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 Subclass 500 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;

    dwhether 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.

    b.Previous travels to Australia or other countries, including:

    i.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;

    ii.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;

    iii.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

    iv.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 Subclass 500 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.