1. The Tribunal received the following material from the applicant:
   1. an application for a review lodged 15 May 2025;
   2. a student visa information form (SVI form) signed by the applicant on 30 July 2025;
   3. further material lodged on 8 September 2025 including:
      1. a letter from Whitehouse International College student services dated 5 September 2025
      2. a letter from Neuro Cardio and Multispecialty Hospital dated 2 September 2025
      3. the applicant's Certificate of Registration as a registered nurse from the Nepal Nursing Council dated 14 March 2017
      4. the applicant's academic record for a Proficiency Certificate in Nursing from the Nepal Technical Institute dated 30 January 2017
      5. the applicant's school leaving certificate dated 13 June 2012
      6. Land Ownership Registration Certificate for land in the Sunsari District of the Duhabi Municipality in the applicant's name dated 26 February 2020
      7. Business records for A.R.B Agricultural Farm Pty Ltd, recording the applicant as a shareholder and manager of the business
   4. submissions from the applicant's representative dated 8 September 2025 (the submissions)
   5. Confirmation of Enrolment certificate for Diploma of Community Services at Whitehouse International College from 25 October 2023 - 21 October 2025; and
   6. Confirmation of Enrolment certificate for Diploma of Community Services at Whitehouse International College from 22 October 2025 - 30 September 2026.
2. The applicant gave oral evidence to the Tribunal at the hearing held on 16 September 2025. The applicant gave evidence in a frank and open manner. The applicant's oral evidence is consistent with the evidence provided in the PV application and the SVI form. The applicant has provided documents that support her claims in relation to her qualifications in Nepal, her land ownership and shareholdings in Nepal, her progression in the Diploma of Community Services in Australia and her father's medical conditions. The Tribunal accepts the applicant's evidence is credible.
3. The evidence is discussed further in the 'Reasons and Findings' section below, to the extent it is relevant to the issues to be determined by the Tribunal.

RELEVANT LEGISLATION AND MANDATORY CONSIDERATIONS

1. 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 genuinely intends to stay in Australia temporarily and can satisfy cl 500.212 of the Regulations.

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:

(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.

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.

Does the applicant intend genuinely to stay in Australia temporarily?

1. The applicant was born and grew up in Morang, Nepal. Her parents both continue to live there. Her father is currently unwell and has been diagnosed with several conditions. He requires a lot of support which is being provided by the applicant's mother.
2. The applicant attended the Everest Boarding High School and attained Grade 10. She then undertook nursing training from 2014 - 2016 and attained a Proficiency Certificate in Nursing from the Nepal Technical Institute in January 2017. The applicant's representative submitted that this was equivalent to a diploma level qualification in Australia. The applicant has provided certificates to confirm these qualifications.
3. The applicant was employed as a staff nurse at the Araniko Hospital in Morang, Nepal for two years from 2018 to 2020, working in the emergency department and medical and surgical ward. She was then employed as a staff nurse at the Aurabani Health Post in the Gadhi Rural Municipality of Sunsari, Nepal from March 2020 to July 2022, providing primary care in the community.
4. The applicant married Bikash Rajbhandari in 2018. From September 2021, the applicant helped to manage the family's agricultural and construction hardware businesses with her husband and family while continuing her work as a staff nurse. In July 2022, the applicant left her job as a staff nurse to work in the family business. On 17 August 2023 the applicant was granted a tourist visa for Australia (subclass FA-600) and travelled to Australia on 30 August 2023 to visit her brother, Thomas Bhattarai, who lives in Australia. In the 2023 GTE statement the applicant stated that she came to Australia to spend time with her brother and celebrate cultural occasions with him. Her brother has been in Australia since 2016, studying nursing and then working as a registered nurse at the Calvary Hospital in Waratah.
5. The applicant's parents provided a statement to the Department dated 5 November 2023 guaranteeing financial support for the applicant's education and living expenses while in Australia. In the SVI form the applicant stated she has daily video-call contact with her parents. Her father has developed several chronic health conditions. A letter from the Neuro Cardio and Multi-speciality Hospital dated 2 September 2025 confirmed this, and states that due to cognitive impairments the applicant's father requires 24-hour family support and supervision for his daily care and activities. Her brother returned to Nepal to help care for their father for a period. It is the applicant's intention to return to Nepal to care for her father and offer support to her mother upon completion of her course. The applicant confirmed her intention in her oral evidence and stated that she would return to live with her parents in Morang, Nepal. The applicant's representative submitted in the written submissions that with her brother living in Australia, the responsibility for her ageing parents lies with the applicant and that this outweighs the incentive to stay in Australia.
6. The applicant's marriage became strained when the applicant came to Australia and she and her husband separated and then divorced. The applicant has consistently stated her intention to return to Nepal to live with her parents and assist in the care of her father who requires 24-hour assistance and supervision. This is consistent with the applicant's training and experience as a nurse. The Tribunal notes that the applicant's close relationship with her brother in Australia may act as an incentive to remain in Australia. However, the Tribunal accepts the applicant's stated intention to return to live with her parents is genuine and credible. The Tribunal is satisfied that the applicant's family ties to her parents in Nepal are an incentive for her to return to Nepal and outweigh the incentive to remain in Australia with her brother.
7. In the SVI form the applicant indicated that she chose not to study community services in Nepal as it is only an emerging field in Nepal, with relevant subjects being contained in other courses such as social studies or public health programs rather than being a stand-alone course. She assessed the courses in Nepal relating to community services as providing limited practical exposure, having outdated curriculum and limited knowledge of the emerging field of community services around the world. The applicant felt undertaking her studies in Australia would equip her with the latest evidence-based approaches to community services and assist her to raise the standard of community services when she returned to work in Nepal. The Tribunal is satisfied the applicant has reasonable reasons for not studying community services in Nepal. The Tribunal is satisfied is was reasonable for the applicant to choose to study the course in Newcastle in Australia, where she could live with her brother and have financial and emotional support during her studies.
8. In the SVI form the applicant stated that when she worked in the Aurabani health post in Nepal as a staff nurse, she was involved in many local women's groups promoting hygiene, health and safety. She stated she maintains ties with many women from these groups and was involved in volunteering along with her mother in community services in her home village. The Tribunal is satisfied that the applicant's community ties in Nepal are an incentive for the applicant to return to Nepal.
9. The Tribunal has considered the economic circumstances of the applicant in Nepal. In the SVI form the applicant stated that she owns land to the value of $55,000AUD and shares in her family business to the value of $16,666AUD. The applicant stated that she earnt approximately $350AUD/month in her various positions as a staff nurse and approximately $1,100AUD/month as a shareholder / manager in the family business prior to leaving Nepal. In the submissions, the applicant's representative noted that while the income the applicant earnt in Nepal was relatively low, being able to live rent-free with her parents enabled her to save and maintain a good lifestyle in Nepal. The Tribunal is satisfied that the applicant's economic circumstances in Nepal do not act as a disincentive for her to return to Nepal.
10. In the submissions the applicant's representative submitted that service in the military in Nepal is voluntary and the applicant does not have any military obligations in Nepal. Country information considered by the Tribunal confirms that services in the military is voluntary in Nepal.[2] The Tribunal is satisfied the applicant does not have any military service obligations in Nepal that would act as a disincentive for her to return to Nepal.
11. At the time of the hearing, there were large protests taking place in Nepal. The Department of Foreign Affairs and Trade (DFAT) issued a warning advising travellers to reconsider travel to Nepal due to civil unrest, noting:

The security situation across Nepal remains unpredictable after widespread civil unrest and violence. An interim government was appointed in September, with elections planned for March 2026. During this political transition, including in the lead up to elections, further protests are possible. The situation may deteriorate without warning.[3]

1. The Tribunal raised its concern about the current civil unrest in Nepal with the applicant at the hearing. The applicant gave frank evidence that while the unrest was almost everywhere in Nepal, her parents were safe, noting that they live in Morang, a 30-minute flight from Kathmandu, the capital of Nepal. The applicant agreed that the situation in Nepal at the time was horrible, however she was of the view that things would be better by the time she has completed her placement and returned to Nepal. The applicant's representative made oral submissions at the hearing that while the situation in Nepal was not good at the time, the temporary government was in place until elections in early 2026. It is hoped that by the time the applicant completes her placement and returns the situation should have calmed down.
2. The Tribunal has some concerns that the civil unrest in Nepal, should it be continuing when the applicant completes her course of study, may act as a disincentive for the applicant to return to Nepal. The Tribunal has considered that the applicant intends to live in a rural area of Nepal approximately 400 kilometres away from the capital of Kathmandu, where the large protests have occurred. It could be anticipated that there will be less of an impact of any civil unrest in the rural areas. The applicant is now due to complete her studies in September 2026 and it is difficult to predict what the political situation will be at that time. The Tribunal is required to make an assessment at the present time. The Tribunal is satisfied that the current largescale civil unrest in Nepal has arisen only recently and was not a factor that led to the applicant coming to Australia or applying for a student visa. The Tribunal has had regard to the applicant's consistent evidence that she intends to return to Nepal and work as a nurse in a community health setting in rural Nepal. The applicant has demonstrated her commitment and dedication to improving the health of people in rural communities by her previous employment and qualifications and choice to study community services in Australia. The Tribunal is satisfied the applicant's stated intention to return to work as a community nurse in a rural area of Nepal is genuine. The Tribunal is satisfied that this intention provides a greater incentive for the applicant to return to Nepal and mitigates the concern that the current civil unrest may act as an incentive for the applicant to stay in Australia.

1. The applicant's brother lives and works in Australia. The applicant gave oral evidence that she lives with her brother in Australia, is supported by him and has a close relationship with him. Through friends she became aware of the Diploma of Community Service and saw how it could help her pursue her career in community service at a higher level in Nepal. In the SVI form the applicant stated that she chose to study the course at Whitehouse International College (WIC) due to the location, affordable fee structure and structured and practical approach to training and education.
2. The applicant has been in Australia since August 2023 and studying the Diploma of Community Service at WIC (the course) since October 2023. A letter from the WIC dated 5 September 2025 confirmed the applicant was progressing well in her studies and remains on track to successfully complete the course. It stated that the applicant had completed 8 units, had submitted work in 7 units which were pending finalisation and was enrolled in 4 units. At the hearing, the applicant confirmed that she was enrolled in the remaining 4 units and demonstrated knowledge of the units she was undertaking. She confirmed she was also required to complete 400 hours of placement to complete her course but is unable to undertake placement due to the 'no work' condition on her bridging visa.
3. In the submissions, the fact of the applicant progressing in her studies as a full fee-paying student while on a bridging visa was raised as evidence of her commitment to her studies and of her genuineness as a student.
4. The Tribunal is satisfied that the applicant has completed a substantial proportion of the course and will be unable to complete it without undertaking a work placement. The Tribunal is satisfied the applicant has now lived in Australia for over two years and has a good knowledge of living in Australia.
5. There is no evidence before the Tribunal to suggest that the applicant is using the student visa programme to circumvent the intention of the migration programme to enable overseas residents to undertake study in Australia.
6. The Tribunal is satisfied the applicant is a genuine student and is progressing in her course of study.
7. The Tribunal is mindful the applicant's current enrolment has been extended to September 2026. The applicant's representative advised this was because the college could not arrange work placement for the applicant. The Tribunal is satisfied this is due to the applicant being unable to work due to her current visa conditions. The Tribunal does not accept this as evidence of the applicant using a student visa to maintain on-going residence in Australia. On the evidence before it, the Tribunal is not satisfied that the applicant is using the student visa to maintain on-going residence in Australia.
8. In the SVI form the applicant states she has strong ties with the Nepalese community in Newcastle and is involved in various activities and cultural events. The Tribunal is not satisfied that these community ties act as a disincentive for the applicant to return to Nepal.

Value of the course to the applicant's future

1. In the student visa application, the applicant stated that the course would help her develop and implement large scale welfare projects and initiate policy at a community and government level. She envisaged a lengthy career as a social and welfare worker in Nepal. In the accompanying 2023 GTE statement, the applicant stated that throughout her studies in Nepal she was actively involved in providing community nursing and welfare services in areas of Nepal with minority communities and assisting in providing primary care and hygiene promotion. She described herself as a socially conscious person with empathy and compassion. The Tribunal accepts this.
2. In the SVI form that applicant states an intention to seek employment at a managerial level in a government or local health post in Nepal, and a desire to work with indigenous and minority communities living in poverty and facing challenges of physical and mental illness, domestic violence and social and political abuse and violence. The applicant states that the course she has undertaken has prepared her for this challenging work and be able to provide counselling, respond to crisis and trauma, understand and support people living with mental illness and manage health promotion programs efficiently and equitably.
3. The applicant gave oral evidence at the hearing of her intention to return to her work as a community nurse in Nepal and to live with her family in Morang. The applicant has previously worked as a staff nurse in the Aurabani Health Post, near where her parents live. In the submissions, the applicant's representative referred to a severe lack of skilled professionals in the health care industry in Nepal reported by the applicant. This leads the applicant to be confident she will find employment on her return to Nepal based on her qualifications and past work experience as a staff nurse.
4. The Tribunal accepts that the course being undertaken by the applicant is consistent with her qualifications as a registered nurse in Nepal and her previous work as a community nurse. The applicant's intentions regarding her future plans have been consistently stated. The Tribunal is satisfied that the course is relevant to the applicant's future plans for her career as a community nurse at a managerial level, working with minority and disadvantaged communities and implementing health programmes. The Tribunal is satisfied the course will assist the applicant's employment prospects in Nepal.
5. The applicant estimated the course would enable her to earn an income of $550-$700AUD per month in an entry level position in a health post. She anticipated that after a year she could join an international non-profit organisation and earn more than $1,000AUD per month. The applicant did not provide any further evidence to support these estimates. The Tribunal is prepared to accept the applicant's estimates. The applicant stated that she earnt approximately $350AUD per month in her various positions as a staff nurse and approximately $1,100AUD per month as a shareholder / manager in the family business. The Tribunal notes that she previously managing the family business while also working as a staff nurse for a period. The Tribunal notes there is not a significant increase in the applicant's anticipated earning capacity after undertaking the course. However, the Tribunal is satisfied that the applicant is motivated by other factors in addition to remuneration in her future employment, specifically working in proximity to her parents and the agricultural business and her dedication to working in community health in a rural area. The Tribunal is satisfied that the course is relevant to these future plans.

1. The applicant stated in the SVI form that she has not applied for any other visas in Australia, she has not been refused a visa to Australia or any other country and she has not had a visa cancelled by Australia or any other country. In the absence of any information to the contrary, the Tribunal is satisfied this is the case and is satisfied the applicant's migration history does not give rise to any concern that the applicant intends to remain in Australia other than temporarily.

1. The Tribunal has also had regard to the fact that the applicant is unable to complete her course without undertaking a work placement, which she is unable to do given the current conditions on her visa. The applicant's representative made oral submissions that, given the applicant's nursing qualifications and experience, and the shortage of nurses in Australia, the applicant could have applied for a visa to work as a nurse in Australia, with a pathway to permanent residence, if it was her intention to stay in Australia permanently. It was submitted that the fact she has not followed that migration pathway indicates the applicant's intention to remain in Australia temporarily and return to live and work in Nepal on completion of her studies. The Tribunal is persuaded that this tends to indicate the applicant has an intention to remain in Australia temporarily.
2. Having weighed all of the factors discussed above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).

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 the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant's record of compliance with any condition of any visa they previously held, and the applicant's stated intention to comply with any conditions to which the visa may be subject.
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). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
3. In her 2023 GTE statement, the applicant stated that she understood the visa conditions associated with the student visa and that breaching any conditions may result in the cancellation of her visa. She stated her intention to abide by her visa conditions. The Tribunal accepts the applicant's stated intention is genuine.
4. The applicant has held a Bridging Visa A (subclass WA-010) with the condition that she not work (condition 8101) since November 2023. The Tribunal accepts the applicant's oral evidence that she has complied with this condition and it has prevented her from completing the work placement required for the course. In the absence of any information to the contrary, the Tribunal is satisfied that the applicant has complied with her visa conditions.
5. On the basis of the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).

Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?

1. For the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). There are no other matters relevant to the issues to be determined by the Tribunal.

1. Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

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 Applicant: Mr Dhruba Dahal (MARN: 1383851)

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.

[1] Now the Department of Immigration and Citizenship and referred to as the Department in this decision

[2] Department of Foreign Affairs and Trade DFAT Country Information Report Nepal (1 March 2024) (DFAT report) 32 [5.2]

[3] Department of Foreign Affairs and Trade (DFAT) Smart Traveller (website, as at 29 October 2025): Nepal Travel Advice & Safety | Smartraveller