Yin (Migration)

[2022] AATA 4026

Yin (Migration) [2022] AATA 4026 (13 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Chien-Yi Yin

REPRESENTATIVE:  Mrs Ping Zhang (MARN: 1802931)

CASE NUMBER:  2008032

HOME AFFAIRS REFERENCE(S):          BCC2019/6370138

MEMBER:Brian Camilleri

DATE:13 November 2022

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 13 November 2022 at 11:50am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass (Student) – genuine temporary entrant – applied for first student visa two days before tourist visa due to expire – two certificates of enrolment provided but no evidence of payment or listing on PRISMS record – enrolment made after hearing designed to extend stay – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 65, 359A
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212(a)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 21 April 2020 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicant applied for the visa on 29 November 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 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 (the Regulations) and the applicant did not comply with the genuine temporary entrant criterion.

4. The applicant appeared via telephone before the Tribunal on 17 March 2022 to give evidence and present arguments. The applicant had employed an agent, but that agent did not appear at the hearing. The applicant was assisted in relation to the review by a Mandarin-English interpreter.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant complies with the genuine temporary entrant criterion.

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

7. 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?

8. 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.

9. 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.

   HEARING – 17 March 2022

10. The hearing was attended via telephone by the applicant. It was explained to the applicant that the law which is applied by the Tribunal is the same law, which is applied by the Department of Home Affairs (the Department), but the Tribunal and the Department are separate and distinct agencies.

11. The applicant was informed that the Tribunal Member had access to:

    a.files of both the Department and the Tribunal relevant to her visa application and visa review.

    b.the delegate’s decision.

    c.a copy of the travel and movement record of the applicant showing her movements to and from Australia.

    d.the PRISMS (Provider Registration International Student Management System) record relevant to the applicant, listing all courses in which she had enrolled, the duration of the courses and whether the courses were cancelled, finished, completed, studying or approved for future study.

    e.the information in the response to the Tribunal’s request for student visa information (Form M17) completed by the applicant.

12. The applicant was also informed that the Tribunal’s review would involve a consideration of the applicant’s circumstances in her home country, the applicant’s circumstances in Australia, the applicant’s travel and movement record, the applicants’ academic record and the value of the course to the applicant’s future prospects and any other relevant matter.

13. Furthermore, the applicant was informed that the Tribunal was required to consider the facts and circumstances as they stood at the date of the decision and not the facts and circumstances as they stood as at the date of the delegate’s decision (made in 2019).The Tribunal also informed the applicant that in conformity with the provisions of the Migration Act 1958 (Cth) (s359A) the Tribunal would put to her any information relied upon which in terms involved material comprising a rejection, denial or undermining of her case and she should use the hearing as an opportunity to correct, explain and address any such material or information and concerns.

    Applicant’s Circumstances in Home Country

    The applicant is fifty-seven (57) years old. Her mother, two sisters and two children live in her home country of Taiwan. Prior to entering Australia, she studied a High School Diploma (majoring in Arts and Graphic Design), graduating in 1973. She declared employment in the following employment positions: (a) pet groomer (2015--2016) earning $30,000 per annum; (b) pet groomer (with a different company) (January 2017 to September 2019) earning $30,000. She stated that she was now retired from working. She declared as personal assets: (a) two apartments in Taiwan valued over one million dollars; (b) stocks and funds, valued at $85,000. The applicant presented a letter from her most recent employer stating that she had worked as a pet groomer with the company until September 2019

    Applicant’s Circumstances in Australia

14. The applicant first arrived in Australia on 8 November 2018 on a one-year Tourist (UD-601) Visa valid until 1 December 2019. She stated that she had good friends in Australia. She departed Australia and returned a couple of times.

15. On 29 November 2019 (two days before her tourist visa was due to expire), she applied for a Student (Subclass 500) Visa. At the time she was enrolled in the following courses: (a) General English; (b) Diploma of Business. The applicant stated that her daughter was starting a travel agency business. The applicant decided to study in Australia in order to be able to assist her daughter with her new business. Her application was rejected on 21 April 2020. In written submissions to the Tribunal, the applicant listed annual living expenses of $29,260. She did not declare any employment in Australia. Of course, the Covid epidemic started dramatically in Australia and elsewhere during January- February 2020 and continued with great intensity on and off until late in September 2021 when travel restrictions were eased

    Applicant’s Movement and Immigration History

16. The Tribunal had access to the applicant’s movement and immigration history. Since her arrival in Australia on 17/12/2018 the applicant has made the following trips to and from Australia:

Trip	Departure from Australia	Arrival in Australia
Onshore
3	18/01/2020	11/02/2020
2	07/07/2019	01/09/2019
1	16/03/2019	09/04/2019
First Arrival	17/12/2018

1. Given the COVID 19 pandemic and resulting travel restrictions since early 2020, the applicant’s recent lack of travel is unremarkable. Prior to this the applicant departed Australia on three occasions. The Tribunal has no evidence before it that the applicant has breached any visa conditions.

   Applicant’s Academic Record and Progress

2. At the time of making its decision the Tribunal had available to it the applicant’s academic record as set out in the Provider Registration International Student Management System (PRISMS) (as at 2/03/22 and this was later updated on 10 November 2022). It showed the courses undertaken by the applicant. Those courses successfully completed have their status described as “Finished” (shaded in grey). Courses not completed are described as “Cancelled”.

Course	Status
Advanced Diploma of Leadership and Management (28 Sep 2022 to 22 Sep 2024)	Studying
Diploma of Business [095781B] (15 March 2021 to 13 March 2022	Finished
General English (Starter, Elementary, Pre-Intermediate, Intermediate, Upper-Intermediate, Advanced) [096191E] (16 November 2020 to 26 November 2021)	Finished
Diploma of Business [092941D] (02 November 2020 to 31 December 2021)	Cancelled

1. According to PRISMS, the applicant has successfully completed two courses she proposed. The Tribunal finds the applicant has made academic progress but that is not the only factor for consideration.

   Value of Course to Applicant’s Future Prospects

2. During the hearing the applicant explained that her husband had passed away in March 2017. She repeated that she had come to Australia on a visitor’s Visa to test the environment and to see whether she liked it here. She explained that she had friends in Australia. It was explained to her that according to the records relevant to her and held by the Tribunal, she had not started studying until November 2020 but had been in Australia since September 2018. She explained part of this period, (correctly) on the basis that she was on a visitor’s Visa and that she did not need to study but eventually did apply for a student visa, some days before the expiry of the visitor’s Visa.

3. There were two Certificates of Enrolment which had been presented by her and which were not referred to in an informal academic record (PRISMS) to indicate that they have been approved. It was pointed out to her that she had not paid any money on these Certificates of Enrolment, and they were not included in the official academic transcript (PRISMS). Whilst the certificates prescribed payment of $6,000.00. The initial fee “paid” was marked as zero dollars. The applicant objected to this and claimed that she had receipts for payments made. It was pointed out to her that one of the Certificates for Diploma of Marketing and Communication was to run from December 2022 to April 2024 and there was an initial fee for $9,000.00. She claimed she had paid for that course. But when pressed as to how much she had paid, she said she could not remember and claimed the Tribunal needed to tell her how much she should pay. She also promised to pay further money, in addition to the money which she had claimed she had already paid. It was pointed out to her that on face of the Certificates no money had been paid for the Advanced Diploma of Marketing and Communication course. She had been enrolled in a Diploma of Business course which had been finished on 13 March 2022 and she seemed very confused about the Certificates of Enrolment for the Diploma of Marketing and Communication or for the follow-up because she of Advanced Diploma of Marketing and Communication. She then said that maybe she missed a payment, and she would have to check her emails and records. The Tribunal indicated to her that the Certificates of Enrolment were not accepted as genuine as there was no evidence that there had ever been any payments made in respect of them and they were not in the academic record. In addition, the Certificates were created in 20/06/2020 and updated in 29/06/2020. She was informed the Certificates of Enrolment were rejected on the basis that she hadn't paid any money. The applicant insisted that she had paid tuition fees. However, there was no evidence before the Tribunal. The applicant was then informed that the Tribunal would affirm the decision of the delegate because it considered that she was not a genuine temporary entrant.

4. She asked the Tribunal to explain to her why it was alleged she was staying in Australia and the Tribunal responded by saying it did not know the reason that she was staying in Australia, and the explanations could encompass a number of reasons, but that the Tribunal considered she was not a genuine temporary entrant to study and stay Australia. The Tribunal explained to the applicant that it appeared she might be trying to extend her residence in Australia, which was not the function of student visa. The applicant was informed that a written decision would be provided and that she should, in the meanitme talk to her representative Mrs Zhang (who had not appeared at the hearing) to examine her options. It was indicated that the delegate’s decision would be affirmed and her application for review rejected.

5. She then complained that she realised that it was difficult (because of her age) to get a study Visa for Australia. She said that she had a good life in Taiwan. She had her own property and she her own motor vehicle and she also had an apartment for rent and she could study as she pleased. She also had family and she could come “all the way here to study English." She complained that “maybe my English is not as good as you guys" but she felt she had made some progress. She re-asserted that she had made payments on her courses. She also complained of ageist attitudes and protested that whilst people were growing older, they could still learn new things. She said that she had made a lot of payments although there were no payments in evidence.

6. She claimed she had made some progress in the English language, and she wanted to use the working environment of English a way of improving her communication skills. She also explained that she could not understand the terminology of the business classes. She knew that she had not done very well but that she had done the best she could in the circumstances. She also explained that she wanted to stay a further two years in Australia, but that the Diploma would not be of much use in Australia but would be useful to her Taiwan. It was a milestone project for her.

7. The Tribunal indicated that it would allow the matter to be left part-heard for one month to allow her to produce the receipts in respect of which she had paid money and to produce whatever other documents that she could and once that was done that the Registry would provide her with a new time for an adjourned hearing. It also indicated to her that current up-to-date certificates of enrolment were required rather than Certificates of Enrolment that had been created in August 2020, a long time ago and for which there was no evidence that she had followed through on those courses. The Tribunal recommended she return to her representative for consultation, and, in the event, there were no documents presented then the application would be rejected.

8. It was also pointed out to her that even if documents were presented her application could still be rejected because. It was still necessary to make an assessment as to whether she was a genuine temporary entrant to study and stay in Australia. The Tribunal hearing closed.

9. Some months have elapsed since the hearing and in September 2022. A Certificate of Enrolment were produced for a Diploma of Leadership and Management together with a receipt for part payment of the fees on the course. There was no narrative explaining the purpose of the new course under contemplation. The Tribunal then obtained an UpToDate PRISMS record as at 6 November 2022 (which showed an additional entry) and an UpToDate Movement and Travel record (which was unchanged from the position at the time of hearing on 11 March 2022.  

10. The PRISMS record showed the additional Certificate of Enrolment for an Advanced Diploma of Leadership and Management commencing 26 September 2022 and running until 22 September 2024 and the course was marked as “studying”. The Tribunal notes that the applicant had not produced any evidence of payments for the previously advanced Certificates of Enrolment relating to the Diploma of Marketing and Communication which were the subject of extensive discussion at the hearing. The courses discussed at the hearing had not appeared as a “cancelled” course on her record which suggests that the certificates relating to the Diploma of Marketing and Communication were artificially created as they would normally have been marked as courses that had been “Cancelled” and/or “not commenced” or “discontinued” and cancelled for some other reason. Or if they did not enter the record as no fees were paid it is confusing why they were ever presented.

11. The Tribunal has concluded that these certificates of enrolment were not substantiated. Over seven months have elapsed since the hearing until the date of this decision and during which period there has been no study since the completion of her Diploma of Business course which ended on 13 March 2022 and was marked as “finished”. The current Certificate of Enrolment for an Advanced Diploma of Leadership and Management contemplates study having commenced on 26 September 2022. The applicant had been advised of the consequences of failing to provide evidence of the payments that she had previously claimed to make. No evidence of the payments was produced. The applicant was also advised that even the production of a Certificate of Enrolment which might be current at the date of the decision would not necessarily establish that she was a genuine temporary entrant.

12. The Tribunal has come to the conclusion that this payment under the current certificate and the current Certificate of Enrolment discussed above are not designed to lead to anywhere career goal or an improvement in the applicants future prospects and are a device to extend the residence of the applicant in Australia for reasons (unspecified) other than to study genuinely and stay in Australia for that reason. Further, there is nothing to suggest that the applicant intends a temporary stay in this country or has any incentive to return to her home country.

13. On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl.500.212(a).

    Other Relevant Matters

1. The Tribunal has considered whether there are any other matters that are relevant to the assessment of the applicant's genuine intention to temporarily study and stay in Australia and finds that there are no other relevant matters for consideration.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. 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. Accordingly, the decision under review must be affirmed.

   DECISION

2. The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

   Brian Camilleri
   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;

   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.

   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.