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.

1. The applicant filed written materials which the Tribunal has reviewed and considered including the following documents:
   1. Copy of prior visitor visa application and applicant passport.
   2. Confirmation of enrolment papers for General English, Certificate IV in Business, and Diploma of Leadership and Management.
   3. Copy of Certificate IV in Business.
   4. Copy of Certificate in General English.
   5. Academic record for Diploma of Leadership and Management.
   6. College attendance letter for studies dated 3 September 2025.
   7. General English academic record.
   8. Health cover.
   9. Student Visa Information Questionnaire and correction.
   10. Agent Submissions and Applicant's statement (SOP and GTE).
   11. Proof of payment of course fees.

1. The following matters of relevance were given during the evidence of the applicant at the hearing.
2. The applicant stated he was from Iran.
3. He stated he presently is 22 years old and is not married and does not have any children.
4. Both his parents are educated.
5. His sister studied in the medical field.
6. He studied in a good school.
7. He wanted to study in Australia due to the high standards.
8. He finished high school in Iran in early 2022.
9. The applicant said because the education is not good in Iran, he was seeking to study somewhere that can bring him a lot of scientific knowledge.
10. The applicant came to Australia on 2 December 2022.
11. He said he wished to study in commerce and management so he could learn to lead and do more effective work.
12. His motivation for his education was that his father has such characteristics. That his father has shown that without effective management, there will not be good results.
13. The applicant stated he wanted to be a good manager and serve in high positions.
14. The Tribunal asked the applicant about military service in Iran. The applicant explained that after high school he would be required to do compulsory military serve but the regulations in Iran allowed him to defer his military service till after his studies.
15. The Tribunal raised its concern as to whether the applicant had come to Australia to avoid his military service obligations back in Iran. The applicant stated in reply that military service can be done after high school or later. That if a person is educated, they could buy their military service. That as he was the only son and his father was 65 years of age, he could also be exempted from military service. That his choice was to complete his further education and then go back and complete his military service. That also due to his completed education, he would return and be placed at a higher level during his military service. That there were lots of options and there was no need to escape military service.
16. The applicant further explained that if he started his miliary service after high school, he would be a normal solider at a very low rank. He had the option to study in Iran and not do military service. He could do it later at a higher rank as an officer. However, his purpose was at his age to further educate himself and put his military service on hold. He was interested in education and science and would be more effective in society with his education. He did not want to lose his opportunity for an education at this age and time.
17. The applicant stated that he wanted to study a Diploma of Leadership.
18. He explained that he did a Certificate 4 in English, then a Certificate 4 in Business, and now he was studying towards the Diploma.
19. When asked about study options in Iran, he replied that there are study options in Iran, but he wanted to study in Australia so as to study in English. He was also aware of Australia's good education system.
20. The Tribunal asked the applicant that if the applicant wanted to study overseas to study in English, then why did he not think of other places such as Canada, New Zealand or the United Kingdom and what made him select Australia. The applicant replied that he had been to Australia before and fell in love with the people and atmosphere and advanced cities. He said Australia is a very advanced country.
21. The applicant also stated that his uncle is here in Australia which is a support to him.
22. The applicant was living alone and no longer living with his uncle. When asked further, he said that he had two uncles from his mother's side in Australia.
23. The applicant stated he had no problems with the authorities in Iran.
24. The applicant stated that his parents were paying for all his expenses. His father has assets in Iran. Both his parents worked for the government, and they have properties on rent. His father is now retired but used to manage a government clinic and his mother was in the nursing faculty.
25. The applicant's sister is a general practitioner doctor in Iran.
26. The Tribunal asked the applicant about the value of the course to his career in Iran. The applicant stated that he eventually wished to enter university and study further. That he did not have a particular career plan but with a degree education he could do many things.
27. The Tribunal raised its concerns with the applicant. The Tribunal pointed out the applicant's age, his lack of completing his military service in Iran, his lack of any future career plans, and his having family consisting of his two uncles in Australia might suggest to the Tribunal that he was not a genuine temporary entrant. The applicant responded by stating that he could study in Iran and also defer his military service, he wanted to make use of his age, and his interest in studying, that doing his military service now would be a waste of time, and that he had family in Australia, but he was living alone. That he was at an age where he could assist his parents after he got his degree. He would be able to get a better position. That financially he did not need money. He had a Turkish background, and he was the only son, he had a duty to take care of his parents so he would return after his education. His father missed him. He respected the Australian education system.

1. The representative concluded the applicant's case and noted that the applicant was living alone as his uncle was previously using him as a baby-sitter. That that applicant is focused on his studied and wants to apply to UTS for a degree in business, but he needs his student visa.
2. The applicant in conclusion stated that his purpose in Australia is to study and be a good person.
3. The hearing concluded.

1. The applicant has complied with his visa conditions. There is no adverse visa matters noted on his file.
2. The applicant is undertaking studies which are consistent with post high school pathways.
3. The applicant seeks to study and learn in the English medium which is generally not available in his country.
4. The applicant has successfully completed his prior courses including General English and a Certificate IV in Business.
5. The applicant's parents and sister are back in Iran. The evidence also suggests his family has assets and wealth which provides an incentive to return.
6. These are all matters that positively assist and are a credit to the applicant's case.

Analysis of applicant's claims and evidence against relevant criteria

1. The Tribunal has reviewed and considered all the material filed by the applicant and his evidence given during the hearing and sets out the following relevant matters for analysis.

1. The Tribunal asked the applicant about his military service obligations.
2. The applicant's response was that he had military service obligations after high school, but he was able to defer based on his study plans.
3. The applicant also stated that it was possible to "buy" military service.
4. The applicant's responses with respect to his military service obligations were concerning.
5. The applicant gave a range of responses from deferring for studies, starting now would mean he would be an ordinary soldier, to returning to serve at a higher officer rank, exemptions due to the age of his father, to being able to "buy" military service, and he was not sure of his career plans and how long he further wanted to stay in Australia as he indicated wanting to further study a business degree at UTS.
6. The applicant's evidence also suggested current military service obligations were not compatible with his age, education and future.
7. The applicant's own evidence suggested he did not wish to undertake his military service and his move to overseas education would assist in avoiding this.
8. In his Student Visa Questionnaire at part 25, the applicant further states:

Iran has always been like that and even worse in the past but I am not a political minded person and the educated people in Iran would never be asked to do hard job or military job for their national service and there are way to buy the service and pay to the government for exemption but that is for the future and I am not thinking about that now. So, when I have completed my studies at master level at university, that's when I have to find out about how to manage my conscription service. There is also exemption for people passing certain ages, so that is not my concern at the moment.

1. The applicant's evidence gave the Tribunal concerns that the applicant is seeking to avoid rather than short-term temporarily defer his military service obligations in Iran.
2. The Tribunal is not satisfied the applicant is temporarily deferring military service for the purpose of genuine studies temporarily in Australia.

1. The Tribunal had asked the applicant during the hearing about the value of the course to his career in Iran.
2. The applicant in reply stated that he eventually wished to enter university and study further.
3. The applicant proposes to further stay in Australia to continue with a masters degree. This is a significant future length of stay when he did not have any specific career aspirations.
4. Essentially the applicant plans to undertake the current vocational studies, then enter into a bachelor degree and then further enter into a master degree in Australia. This is a significant length of proposed stay when considered in light of the applicant's response that he did not have career plans and that he did not need to work as his parents had assets and investments.
5. The applicant also stated in his Student Visa Questionnaire at question 1:

I have chosen to study Certificate IV in Business (Administration) followed by Diploma of Leadership and Management to equip me with the skills I need to work in the future and become a skillful and experienced manager while I will be continuing my studied to the Master level in Management. However, because my English Language proficiency is not up to the level of studying in University, I have decided to study in Ideal College and strengthen my academic foundation for my further studies in the University. I am only 20 years old and just after finishing my High School I came to Australia for my further studies but did not enroll in the college until now because I was studying English at home and practicing my English with my uncle and his family who are all specking English at home and just did my PTE exam and got prepared for my studies at Ideal College.

1. Notably the applicant stated that he did not have a particular career plan but with a degree education he could do many things.
2. However, he gave no evidence or information as to which industry or field or career he wished to be a manager in.
3. His evidence also suggested he was seeking an education as a moral purpose but did not need employment as his family is wealthy and has investments.
4. The above evidence of the applicant concerns the Tribunal that the applicant lacks future career plans. He was not sure about his future career and what he would do with his education.
5. The Tribunal is not satisfied the applicant has insight into the value of his course or the purpose of his education.

1. The Tribunal asked the applicant about his family in Australia.
2. The applicant's evidence was that he has two uncles from his mothers' side in Australia.
3. One of his uncles had used the applicant for free baby-sitting and the applicant was now living alone.
4. However, the applicant having two uncles in Australia and the applicant has no partner or children back in Iran provide an incentive to remain in Australia beyond the temporary purpose of a student visa. His evidence also was that he wished to stay on towards a bachelors and a masters degree.

1. The Tribunal is concerned with the evidence overall as given by the applicant.
2. The applicant's evidence was vague with respect to his current studies and his future study and future career goals.
3. The applicant provided no details as to why he sought to study the current courses other than he wanted to learn to lead and do more effective work, and he had learned this from his father that without effective management there would not be good results.
4. However, the applicant did not discuss or give any evidence as to a future career, type of management role, where he might wish to work, any field of work or skill, or where he would like to be a leader or manager in.
5. His evidence was also that he did not need to work for money in the future and this was more of a moral journey for him. That his parents had investments and wealth.
6. The Tribunal is concerned that if the applicant lacks insight into his future, his career and also takes the view that he does not need to work to earn, this mindset provides an incentive for him to use the student visa system to remain in Australia beyond a genuine temporary intent to study and depart.
7. Even considering and giving credit to the above listed positive aspects of the applicant's case, the Tribunal finds that the applicant has little incentive to return to Iran.
8. The applicant's lack of completion of his military service and the various reasons given by him for deferring, his lack of career plans, his lack of knowledge of which industry or occupation he sought to work in, his two uncles in Australia, his view that he did not need education for employment due to family wealth, and his desire to remain here further into a masters degree did not satisfy the Tribunal that the applicant is a genuine temporary entrant.
9. These above noted concerns show that there is little incentive to return to Iran and the student visa program is being used to primarily maintain de facto residence here in Australia.

1. Based on the above analysis and consideration, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily as a student.
2. Accordingly, the Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
3. 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.
4. Accordingly, the decision under review must be affirmed.

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

Representative for the Applicant: Mr Kourosh Momeni (MARN: 0955242)

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.