1. On 14 August 2025 the Tribunal wrote to the applicant via his representative (a s 359(2) letter) stating as follows:

As you applied for the visa based on undertaking a course of study in Australia, it is a requirement of the visa for you to be:

a genuine applicant for entry and stay as a student.

You will need to provide sufficient information to satisfy us that you meet both of these visa requirements.

You are now invited to give, in writing, all relevant information about the course(s) of study you are undertaking and your entry and stay in Australia as a student. Details of the information requested are set out in the Student Visa 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.
2. The Tribunal has before it the Department's file which includes her student visa application and (amongst other documents) her undated letter to the delegate (the original statement). The application and original statement are considered below.
3. The Tribunal also has before it PRISMS records relating to the applicant's enrolments, and official movement records which set out her immigration history and transits into, and of, Australia.

1. In materials provided before the hearing, the applicant submitted the requested Student Visa Information Form (the information form) to the Tribunal together with the following:
   • her undated 'professional profile' including details of her academic background and work experience including:
     • - 2012 (3 months) working as a 'promoter' for Acondesa S.A
     • - 2013 (15 months) working as a receptionist/commercial advisor for Conaltex S.A.
     • - 2015 to 2019 working as a commercial advisor for Banco Caja Social
     • - 2019 - current working as an assistant manager for Banco Caja Social.
   • a job offer for the full-time on-site position of Marketing and Communication Leader at Gráficas El Rey (23 September 2025). This position is offered at a monthly salary of US$4,500 (plus performance and achievement bonuses). The start date is stated as 'to be agreed upon' and the main responsibilities of the role are stated as follows:
     • - design and lead the company's marketing strategies
     • - coordinate communication campaigns in digital and printed media
     • - lead and manage the marketing team
     • - supervise brand identity and its positioning in the market
     • - represent the company in events and strategic spaces.
2. In her original statement to the delegate, Ms Bustos Henríquez disclosed that, after graduating from Universidad Autónoma del Caribe, she:

started working at Banco Caja Social, where [she] worked as a commercial consultant for 4 years and then as an assistant manager for another 4 years. With experience in the coordination and control of the proper administrative, operational, control and security functions.

Working in this area has given me great personal and professional satisfaction, and I believe I am sufficiently prepared for positions of higher level and responsibility, such as SME Banking Manager or Product Manager.

1. Following the hearing, the applicant provided her 'review submission' (25 November 2025) translated into English which addresses the following:
   • her comprehension of the (now completed) English course at Bayside college
   • details of the (now completed) Lonsdale Institute course (Certificate IV in Marketing and Communication) including the structure of the program, its core units and its selection of elective units
   • how her (now completed) Certificate IV studies will strengthen her work as a Marketing and Communication Leader
   • the relationship between her current studies and her previous experience in Colombia
   • how her current strategies will allow her to bring value to a new work role
   • salary comparisons in Colombia and how her current studies will lead to higher remuneration (including in the medium and long-term)
   • why training in Australia is valued Colombia
   • submissions relating to the delegate's decision.
2. The review submission lists (and describes) the course modules in the (now completed) Certificate IV in Marketing and Communication course and states that "Upon completing the 12 units described, I will gain comprehensive training that combines strategic thinking**,** technical skills**,** creativity, and tactical execution**.** I see this training as a direct investment in my new role".
3. In relation to her current studies, the review submission states that "the Diploma of Leadership and Management training program [is] directly aligned with my projection professional as Marketing and Communication Leader, already that each of their subjects strengthens skills clue for lead teams, design strategies and manage communication processes with real impact on the organization."
4. The review submission states that completing the following course modules in the Diploma of Leadership and Management course will enable the applicant to "build a profile solid and highly aligned with the demands of a position such as Marketing and Communication Leader, combining strategic leadership, effective communication, creative thinking, team management and operational control, essential skills to provide real and sustainable value to the organization":
   • Communicate with influence
   • Lead communication in the workplace
   • Develop critical thinking in others
   • Originate and develop concepts
   • Lead and manage effective workplace relationships
   • Manage team effectiveness
   • Manage operational business plans
   • Develop administrative systems
   • Manage business risk
   • Develop and use emotional intelligence
   • Manage meetings.
5. In relation to the applicant's progression from the Certificate IV in Marketing and Communication studies to the Diploma of Leadership and Management, the review submission states that this further level of training is necessary to:
   • develop her 'managerial and leadership 'perspective
   • enable her to evolve from operational roles to positions of greater responsibility
   • prepare her to lead teams, manage performance, plan operations, manage risk, communicate with influence (inside the organisation) and make strategic decisions.
6. Notably, the review submission states that the skills to be acquired by undertaking the Diploma of Leadership and Management course are essential for assuming leadership positions in marketing and communications. She states that the position offered to her at Gráficas El Rey as Marketing and Communication Leader demands (as essential skills) "techniques in marketing and communication, advanced command of English, ability to lead communication strategies in business environments and accredited training in accordance with international standards."
7. In terms of ties to her home country, the applicant's review submission states that she has:
   • close (and emotionally dependent) relationships with her immediate family in Colombia
   • a formal, guaranteed job offer in Colombia demonstrating that she is obliged to return there
   • financial commitments and responsibilities in Colombia.

1. Ms Bustos Henriques acknowledged that she is currently on a bridging visa that restricts her ability to work and requires her to apply herself to her studies. She stated that she is working with an agency assisting people with their visa applications and that in doing so, she abides by the restricted work hours condition.
2. The Tribunal heard that the applicant, having gained a bachelor's degree, was working as a business administrator in a bank in Colombia. She had amassed solid work experience and identified that her workplace was shifting increasingly into a 'digital context'. It was said that she saw this as an opportunity for her to 'evolve', broaden her professional profile and step outside her 'comfort zone'. She said that, at that time, she decided to pursue a career pathway into marketing and communications in order to work in another role - either at the bank or for other companies.
3. Ms Bustos Henriques had roles at the bank (as a manager in operations for 4 years and also as a sales consultant) with a focus on 'marketing'. She would visit customers to talk to them about the bank's 'brand', analyse the competition and implement new strategies/ideas within the market. She worked on 'brand positioning', developing new market strategies, consumer research and market opportunity analysis. She would meet with her team (and others) each week to monitor how the sales/marketing plan was performing.
4. The applicant told the Tribunal that she aspires to more responsible leadership roles in the field of digital marketing - particularly in a multicultural context. The Tribunal asked about the availability of courses in Colombia that would have enabled the applicant to achieve these aspirations. She responded that, in order to succeed, she needs to be able to employ a multicultural approach to leadership. Acquiring this skill set is not easily open to her in Colombia which, she said, is a very conservative working and learning environment. Ms Bustos Henriques stated that:
   • businesses in Colombia operate on a very hierarchical team structure (which she has learned from her Australian work/study experiences is not ideal)
   • education providers in Colombia are 'not open to new things' and take a highly theoretical approach "just a book and an exam"
   • in Australia she has learned (in a practical way) how more 'modern' leadership and team-building strategies can be implemented in organisation.
5. The applicant explained that she had applied for 4 positions, in Colombia, through LinkedIn and will accept the job offered to her (following a virtual interview and her submission of work references) by the digital marketing agency Graficas El Rey. This is an organisation which assists entrepreneurs and business clients with all their marketing needs (including advice on how to 'position their brand'). She would be in charge of the marketing team.
6. According to the applicant, she will receive an annual remuneration of US$54,000 (significantly more than the AU$27,785 she was previously earning in the bank in Colombia).
7. The applicant conceded that she may have progressed to a higher level of remuneration had she stayed with the bank in Colombia, but stated that such progression would still have required her to gain additional qualifications and competencies.
8. When working for Graficas El Rey, the applicant would be living in her hometown of Barranquilla. Her parents live in Barranquilla and she owns an apartment there which is rented to a tenant. She would initially stay with her parents until she finds an apartment closer to her workplace to live. She stated that she does not have other assets in Colombia.
9. The applicant said that she contacts her parents daily and is in touch with her sisters (who live in Bogotá) every other day.

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 meets cl 500.212.

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.

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. Based on the certificate from the Universidad Autónoma del Caribe, the Tribunal accepts that Ms Bustos Henriques was awarded the bachelor's degree 'Business Administrator' on 24 July 2014. It is accepted that thereafter, the applicant worked as a commercial advisor and assistant manager at Banco Caja Social from 2015 until around the time she arrived in Australia (April 2023).
4. While the applicant's original statement to the delegate identifies her job aspirations to be as a SME Banking Manager or Product Manager, her evidence to the Tribunal was that she decided she wanted to work in marketing and communications. On the whole, the Tribunal is prepared to accept that, after working for the bank for 8 years, Ms Bustos Henriques developed aspirations for higher-level, more responsible positions than were available to her with the skillset and qualifications she held at that time.
5. While the applicant's professional profile document (resumé) does not describe either of her roles at Banco Caja Social as involving marketing, her evidence to the Tribunal was that she worked on 'brand positioning', developing new market strategies, consumer research and market opportunity analysis for the bank. The Tribunal notes from the resumé that, when working for Conaltex (for 15 months), the applicant was "advising in sales of financial services' and is prepared to accept that the applicant has had some degree of exposure to sales and marketing in the workplace.
6. While it is acknowledged that Ms Bustos Henriques completed qualifications at a higher academic level in her home country, the Tribunal accepts her evidence that she has committed to her Australian studies (in English and in Marketing and Communication and in Leadership and Management) in order to acquire a skillset that will enable her to assume leadership positions in the field of marketing and communications - a different career pathway.
7. The applicant has provided details of the course modules she is (and would be) studying as part of the Diploma of Leadership and Management course and the Tribunal is satisfied, from the evidence before it, that the content of these modules is relevant to the role description appearing in the 'job offer letter' from Graficas El Rey. The Tribunal accepts that the applicant's current course of study is closely aligned with the responsibilities she will assume as Marketing and Communication Leader - including:
   • Design and lead the company's marketing strategies
   • Coordinate communication campaigns in digital and printed media
   • Lead and manage the marketing team
   • Supervise brand identity and its positioning in the market
   • Represent the company in events and strategic spaces.
8. The Tribunal places significant weight on the evidence of the job offer and is satisfied that the applicant intends to use her Australian studies to take up this well-paying employment as a Marketing and Communication Leader in Colombia.
9. In her original statement to the delegate, the applicant stated that her husband is waiting for her back in Colombia however there was no such assertion made in her review submission, information form or at hearing. In terms of family ties to her home country, the Tribunal accepts that Ms Bustos Henriques has parents living in her hometown and 2 sisters (with families of their own) living in Bogotá.
10. At hearing, the applicant stated that she owns a unit in her hometown of Barranquilla that "is a rental property now" however there was no such assertion made in her review submission or visa information form. No certificate of title or property deed/registration document was provided to the delegate or the Tribunal. Even so, taking the above factors into account, the Tribunal is prepared to accept that the applicant has significant family ties to her home country, intends to return there to work for Graficas El Rey and that her motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
11. The Tribunal considers that the above-listed factors are indicative of a person who is only a temporary entrant and wishes to return to their home country.
12. The Tribunal notes from the PRISMS record that the applicant successfully completed General English studies in July 2024 and the Certificate IV course in February 2025 and has not sought to amend any of her enrolments. On this basis the Tribunal is satisfied that the applicant has applied herself diligently to her Australian studies.
13. The Tribunal considers that these matters are strong evidence that Ms Bustos Henriques 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.
14. On the whole, the Tribunal weighs the factors listed above strongly in favour of the applicant.
15. As to the applicant's circumstances in her home country, no evidence has been presented that her economic circumstances would present as a significant incentive for her not to return to Colombia. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely.
16. On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
17. 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 an 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) and 8208 (no critical technology related study without approval).
3. At the hearing, the Tribunal discussed with Ms Bustos Henriques the conditions applying to her visa and she demonstrated an awareness of these conditions. She is not working and applies herself assiduously to her studies. The evidence before the Tribunal is that the applicant has abided by conditions of the visas issued to her on 2 December 2023, 5 June 2024 and 28 January 2025.
4. 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 an 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 is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
2. 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.
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.

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.