1. On 29 August 2025 the Tribunal wrote to the applicant via her representative (a s 359(2) letter) stating as follows:

As the applicant 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.

The applicant will need to provide sufficient information to satisfy us that they meet both of these visa requirements.

the applicant is 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).

1. 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.

1. In materials provided before the hearing, the applicant submitted the requested information form to the Tribunal together with numerous supporting (identification, education, financial, property, enrolment and employment-related) documents. Notably, the applicant provided:
   • a written 'Offer of Employment - Executive Banquet Chef' from Mapple Gold Five Star Banquets (in Delhi) dated 1 September 2025 with acceptance endorsed by the applicant on the same date
   • a statement dated 29 September 2025 by her mother attesting to her agreement that the applicant establish a restaurant business on property owned by her in Anmol Township.
2. Documents from the education provider/s establish that the applicant has successfully completed the Certificate III and IV courses as well as the Diploma and is now studying at a more advanced level.
3. In a 'Statement in support of ART review' Mrs Ahuja explains her education pathway and the relevance of her current study to her career aspirations. She states that:
   • having successfully completed a Master of Business Administration in India her decision to study hospitality came from a place of deep personal interest in cooking and management within the food and beverage industry
   • her studies Australia have transformed her career direction
   • as her Australian studies are highly regarded internationally, she has received a job offer for employment (to commence 1 September 2026 when her studies are completed) as an Executive Banquet Chef in New Delhi. This opportunity has become available based on the credentials she will gain from her Australian studies
   • in her role as Executive Banquet Chef, she will be responsible for managing large-scale events, menu planning, and staff supervision - which are tasks that directly relate to her Australian studies
   • her long-term dream is to open her own restaurant in Kota (Rajasthan) which is her home town. Her vision of this future business (which would focus on affordable fine dining and a party-friendly ambience) is set out in an attached detailed business plan
   • her Australian studies will provide her with practical skills to support her business-development goals. In particular, the hospitality management and kitchen leadership skills she will gain through Australian Qualifications Framework (AQF) qualifications in Australia, will enable her to run her restaurant professionally, maintain food quality and safety standards, train staff, and implement cost control and marketing strategies.
4. A restaurant business plan is provided, outlining ideas for a mid-scale restaurant serving Indian and Continental cuisine (both à la carte dining and fixed 3-course meals) in a dining area of 550 ft² with 40-50 seats.
5. In relation to her proposed future employment as an Executive Banquet Chef, the offer of employment dated 15 September 2025 (for a job to commence on 1 September 2026) lists the range of responsibilities as follows:

• Planning, organizing, and executing all banquet and catering events
• Managing and scheduling banquet service and kitchen staff to ensure optimal event execution
• Coordinating with clients to understand menu preferences, special requests, and event expectations
• Maintaining operational efficiency across service and kitchen teams
• Ensuring high levels of guest satisfaction through timely service and food quality

• Designing customized event and banquet menus in line with client requirements and seasonal availability
• Leading the preparation and presentation of high-quality cuisine for all events
• Supervising cooking staff during banquet preparation and service to ensure consistency and quality
• Managing food inventory, procurement, and kitchen cost controls
• ensuring all culinary activities comply with hygiene, food safety, and sanitation standards
• collaborating with the F&B director and procurement team for vendors selection and ingredient sourcing.

1. In terms of connecting her current studies with the job offer by Mapple Gold, the applicant's pre-hearing submission states:

Studying in Australia has given me exposure to a multicultural work environment, modern kitchen operations, and real industry placements - experiences that are rarely available in Indian institutes. This exposure has built my leadership, time-management, and service skills, which are essential for higher-level positions such as Executive Banquet Chef... Mapple Gold specifically values my Australian qualification because it reflects advanced technical and managerial competency.

1. The Tribunal also has PRISMS records before it relating to the applicant's enrolments, and her movement records which set out her immigration history in Australia.

1. The applicant told the Tribunal that her studies in Australia have been uninterrupted - despite there having been recorded, on PRISMS, a cancellation of her enrolment in the Diploma of Hospitality Management. Due to the closure of one campus, her commencement of these studies was delayed from 4 November 2024 to 9 December 2024 and she ultimately attended at a different campus.
2. When asked about her former university studies in India, the applicant responded that she had completed a Bachelor of Commerce (in 2009) and a Master of Business Administration (in Finance in 2011) but found that, in this field, the career path and opportunity for salary growth was too limited in the 2 jobs she undertook. In her last position for example, she was unable to fully utilise her postgraduate qualifications as her role (between 2016 and 2023) included 80% administration and only 20% banking/finance work.
3. The Tribunal heard that, in her former position, the applicant was earning 59,000 INR rupees per annum whereas, in the position offered to her by Mapple Gold (which she considers to be a genuine offer) she will earn 90,000 INR per annum.
4. The applicant stated that she is certain the offer of employment will be honoured as it has been made by people she has worked with (for 7 years) who know her to be both a hard and competent worker. Sahil, the joint owner of Mapple Gold, recommended her (to his father Mr Hagmohan, also an owner) for the role. These individuals also own other event businesses.
5. The applicant explained that the role at Mapple Gold is intended for only the short to medium term, while she gains the skills necessary to position her to open her own restaurant. While the business plan submitted was prepared solely for the purposes of the Tribunal review, the applicant stated that she has genuine ambitions to set up a restaurant business in her home town. She explained that her mother owns unimproved land in that location (which would attract many diners who study nearby at the Institute of Technology). The restaurant premises would take one year to construct and a further 6 months to 'fit out' with space for cooking, amenities, storage and seating for 50 people.
6. The Tribunal heard that the applicant's previous studies in business administration would be somewhat useful when running the restaurant. However, she needs the industry-specific training (made available in her current courses) and experience (to be gained with Mapple Gold) in order to achieve her dreams of running a successful restaurant.
7. The applicant explained that, attaching to her current bridging Visa A she has (and abides by) the restriction regarding travel. She was recently granted 'working rights' on the visa and has taken up a college placement in a restaurant which will offer her some remuneration. She stated that she has invariably met her visa conditions and her restaurant 'placement' will provide her with funds to meet living expenses and, importantly, experience in the hospitality industry.
8. In terms of her ties to India, the applicant described the recent visit of her 11 year-old son to Australia for Diwali celebrations. He stayed with her for 2½ months and is keen for her and his father to return home. The applicant said that she wishes to return to her living arrangement in India where she shares a residence with her husband, son and mother-in-law. Her mother and brother also live (together) in India. She is part-owner of a property with her mother and her mother owns unimproved land which will (in part) be passed-on to her as an inheritance. Her husband inherited the family home where they will live upon return to India.
9. In terms of her current situation in Australia, the applicant is living with the family of her husband's sister. While it is conveniently located (35 to 40 minutes by bus to her campus) she is intent upon returning to her home country at the conclusion of her studies. As she is approaching her 40s, the applicant does not believe there would be many employment opportunities available to her if she remains in Australia.
10. The applicant stated that she has been applying herself assiduously to her studies so far. In the last course she completed, Mrs Ahuja attended on-campus two days each week for classes and a further day (every fortnight) to complete assignments. She will commence the 8-unit Advanced Diploma course on 27 October 2025. She is hoping to complete that course (and return to India) 'early' as she has been granted credit for one of the 8 units.
11. The Tribunal heard from the applicant that she is nearing the end of her studies - she has only 6 months to go.

1. 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.
2. 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)

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:

(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?

1. In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, 'Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications', made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
   • the applicant's circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant's future;
   • the applicant's immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
   • if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
   • any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
2. 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.
3. At hearing, Mrs Ahuja gave evidence consistent with the materials provided to the Tribunal and in a transparent manner. While she has completed studies in India at a higher level than the chosen Australian studies, the Tribunal does not place significant weight on this evidence as it accepts the applicant's account that she found there to be insufficient 'growth' for her (within the field of business/finance) in the jobs she held in India.
4. It appeared to the Tribunal that the applicant was a reliable and forthcoming witness at hearing. 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.
5. The Tribunal accepts that the applicant has 'connections' within the hospitality industry in India and is keen to capitalise on these by taking up the offered role of Executive Banquet Chef with Mapple Gold. The Tribunal accepts the applicant's assurance that the job offer is genuine and that she fully intends to work for this employer (gaining industry experience in the short to medium term) from 1 September 2026.
6. That Mrs Ahuja has demonstrated she has firm plans to take up employment (in an industry closely aligned with her Australian studies) as soon as her studies here are completed, indicates to the Tribunal that her motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
7. The Tribunal accepts as credible, Mrs Ahuja's claim to have entrepreneurial aspirations as well as the resources available to her (not least the availability of unimproved land upon which to construct a restaurant premises suitable for operations) to achieve her stated ambitions. The Tribunal accepts that the applicant will, upon return, be working in an organisation that has multiple opportunities available for her to work in an industry that values the skills she is acquiring in her Australian studies.
8. The Tribunal holds some concerns about the extent to which Mrs Ahuja has family ties in Australia (she is living with her husband's family) which may serve as somewhat of a disincentive for her to return to India. However, the Tribunal accepts the applicant's account of her son's recent visit to Australia and his expressed desire for her (and his father) to return home. It is the Tribunal's view that Mrs Ahuja has demonstrated that, returning to India with qualifications in hospitality is an attractive proposition financially as (according to the arrangement she has made with Mapple Gold) her income will rise by 31,000 INR per annum comparative to her former employment.
9. The applicant's consistent and detailed oral evidence as to her reasons for choosing to study in Australia is accepted. The Tribunal notes that Mrs Ahuja has family ties in India, including her mother, brother, his family and her mother-in-law. The Tribunal is satisfied that Mrs Ahuja lived with her mother-in-law before coming to Australia and that she wishes to return to this arrangement upon leaving Australia at the conclusion of her studies in August 2026 - or even earlier since she has been allowed credit for one of the 8 course units.
10. The Tribunal accepts that Mrs Ahuja's husband has inherited the family home in India and that she herself will, by way of inheritance, receive an interest in other property there. Based on the above-cited statement by the applicant's mother, the Tribunal accepts that practical steps have been taken towards establishing a restaurant business on property owned by her (the applicant's mother) in Anmol Township.
11. The Tribunal considers that these ties to her home country (as well as her 11 year-old son) are factors indicative of a person who is only a temporary entrant and wishes to return to their home country.
12. Evidence before the Tribunal, including from PRISMS, indicates the applicant has successfully applied herself to studying her Australian courses. As stated above, Mrs Ahuja has had no changes to her enrolments of significance and no breaks in her studies. She has completed the Certificate III and IV courses as well as the Diploma and is now studying a Advanced Diploma of Hospitality management-which has direct relevance to her goals of growing a business in India.
13. The Tribunal considers that these matters are strong evidence that Mrs Ahuja 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 the factors listed above strongly in her favour.
14. 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 her not to return to India. There is no evidence before the Tribunal that political and civil unrest would result in Mrs Ahuja 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.
15. On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, Mrs Ahuja meets cl 500.212(a).
16. 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?

1. For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that Mrs Ahuja 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 her stated intention to comply with any conditions to which the visa may be subject.
2. 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).
3. At the hearing the Tribunal discussed conditions applying to her student visa with Mrs Ahuja. She was aware of these conditions, giving evidence of her understanding of the work limitation that (since she has been granted some work rights) now applies to her, and the requirements that she engage in her study. Mrs Ahuja 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.
4. On the basis of the above, the Tribunal is satisfied that Mrs Ahuja 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?

1. For Mrs Ahuja to meet cl 500.212(c), the must be satisfied that she is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in c Tribunal l 500.212(a) and (b)). There is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
2. Accordingly, the Tribunal is satisfied that Mrs Ahuja is a genuine applicant for entry and stay as a student as required by cl 500.212.
3. 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.

1. 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.

Representative for the Applicants: Mr HARPAL Bajwa (MARN: 0955800)

DIRECTION NUMBER 108 - ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS

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).

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.

This Direction is Direction No. 108 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.

Direction No. 69, given under section 499 of the Act, is revoked.

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.

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.

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.

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.

1. Decision makers should have regard to the applicant's circumstances in their home country and the applicant's potential circumstances in Australia.
2. For primary applicants of Student visas, decision makers should have regard to the value of the course to the applicant's future.
3. 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

1. 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.

2. 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

1. 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.

1. 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.

1. An applicant's immigration history refers both to their visa and travel history.
2. 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: > > 1. 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 > 2. 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. > 3. b. Previous travels to Australia or other countries, including: > 4. 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; > 5. whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances; > 6. 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 > 7. 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

1. 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.

1. 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.