1. There are no breaks in study (course cancellations or withdrawals) appearing in Mrs Dashjugder's PRISMS record.
2. The delegate in this case refused to grant the visa due (in part) to concerns that the applicant did not demonstrate a significant level of planning and preparation for her studies before arriving in Australia. It did not appear to the delegate that Mrs Dashjugder had sufficiently researched her options for study in Australia, other countries or her home country. The delegate was further concerned that having her immediate family in Australia (as she had at that time), would reduce Mrs Dashjugder's incentive to return home on completion of her studies.
3. When considering the letter submitted from 'Ayanchin Four Seasons Lodge' , the delegate concluded that Mrs Dashjugder would be returning to Mongolia to continue working as an accountant for her previous employer - this being work that is unrelated to the Australian courses in hospitality (in the delegate's view).

1. On 21 November 2025 the Tribunal wrote to the applicant via her representative (a s 359(2) letter) stating as follows:

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

a genuine applicant for entry and stay as a student.

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

The applicant is now invited to give, in writing, all relevant information about the course(s) of study they are undertaking and 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 the student visa application and (amongst other documents) a 'Statement of Purpose' submitted by Mrs Dashjugder (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 the official movement records for each applicant setting out their immigration history in Australia and transits into and out of the country.

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:
   • certification, dated 5 December 2025, that Mrs Dashjugder's son Bulgan-Erdene Amarbayasgalan has been employed at Boroogold LLC as a Site Geologist in Mongolia since 1 March 2022
   • submissions in support of the review application (the pre-hearing submission) dated 5 December 2025.
2. In her original statement to the delegate the applicant explains that:

Even though I chose to follow a path in accounting and finance field due to the popularity of the profession, I have always been interested in cooking.

While being proud of my career, I consider myself that I have reached the top of the career ladder. Therefore, lately I have been re-evaluating my priorities and begin to envision what my life will look like after retirement.

[I] don't want to jump into full retirements immediately, I want to stay busy and active and still contribute to the society. And this study choice is preparation for my career plan for the next phase of my life.

As my current employer, Sukhbaatar District Small and Medium Industry Support Centre, determined that I am able to do my work remotely, I can take the job offer from Ayanchin Four Season's Lodge LLC after completing this course. Based on my experience with them, they have recently offered me a position as Restaurant Senior Manager.

1. The pre-hearing submission addresses Mrs Dashjugder's:
   • circumstances in Mongolia
   • educational and employment Background
   • family ties to Mongolia
   • business/employment ties to Mongolia
   • assets and financial standing
   • potential circumstances in Australia
   • reasons for changing career path from accounting to hospitality
   • immigration history.
2. The pre-hearing submission also addresses:
   • the absence of political or civil unrest in Mongolia
   • the availability (and drawbacks) of comparable courses in Mongolia
   • the value of the Australian courses to Mrs Dashjudger's future
   • other relevant matters including Mrs Dashjudger's:
     • - pattern of stable, purposeful study
     • - decision to send her younger daughter back to study in Mongolia.
3. In relation to Mrs Dashjugder's ties to her home country, the pre-hearing submission discloses that she has a 13yo dependent child (Miss Amarbayasgalan), an adult son, mother and siblings residing in Mongolia. Miss Amarbayasgalan resides with Mrs Dashjugder's mother and attends school. The applicant's contact with her family in Mongolia is frequent - they make video calls 2-3 times per week and share messages/photos on social media. It is also stated that the applicant has a close circle of lifelong friends to return to in Mongolia.
4. The information form discloses real property owned by the applicant in Mongolia as including a 2-bedroom apartment and a private residence (valued at AU$120,000 and AU$175,000 respectively).
5. The pre-hearing submission states that, as a further incentive for Mrs Dashjugder to return to her home country, she has guaranteed employment awaiting her there in a private family-run resort and tourism base located 51 km from her hometown of Ulaanbaatar.
6. The English translation of a 'reference' provided from Ayanchin Four Seasons Lodge (1 December 2025) states that the applicant was a finance officer and senior accountant for their business from 2018 to 2020. It also contains an offer of employment as follows:

Our company operates a private family-run resort and tourism base, located 51 km from Ulaanbaatar in the Gorkhi-Terelj National Park, suitable for year-round operations. The resort regularly hosts both domestic and international tourists. Munkhzul Dashjugder has completed advanced training courses in hospitality management and English communication. Upon her return, she will be entrusted with overseeing restaurant operations and will assume the position of Manager, fully responsible for daily management.

1. Notably, the pre-hearing submission states that in changing her career pathway from accounting to hospitality management, Mrs Dashjugder has carefully considered her future (invested significant time, effort, and personal resources into pursuing education in Australia) having finally found a course that will allow her to begin a fresh, meaningful second career. It is stated that, after 20 years of employment, Mrs Dashjugder acknowledges that she has reached the peak of her professional trajectory in the field of accounting and wishes to transition into a role that will enable her to remain active, engaged and socially connected in coming years.
2. In relation to the employment offer by Ayanchin Four Seasons Lodge, the pre-hearing submission states that cookery or kitchen management courses, offered by vocational training centres and private providers in Mongolia, are not suitable to prepare Mrs Dashjugder for the role she has been offered. To undertake the well-paid position of Manager (overseeing restaurant operations) she needs to acquire international-standard culinary skills, particularly in areas such as: Global and multicultural cuisine preparation, Advanced food production techniques and Hospitality service management practices used in international resorts and restaurants. Courses available in Mongolia are said not to provide opportunities for such learning as they are generally non-accredited, theoretical, and short.

1. Mrs Dashjugder told the Tribunal that she is currently on a bridging Visa and understands the condition that she apply herself diligently to her Australian studies. She is a consistent attendee at her classes - attending on-campus each Tuesday, Wednesday and Thursday. She is aware that she does not have 'work rights' attaching to her visa and has not infringed this condition.
2. Mrs Dashjugder explained that she has always had a passion for cooking. Her mother had worked as a cook in a prestigious hotel and working in a culinary field became a dream of hers. She took steps to pursue this line of work by attending a 12 month culinary course at a TAFE in Mongolia. This course was insufficient to prepare her for work in the culinary field as it had little practical component and was aimed at students who had left school after their 10th grade.
3. The Tribunal heard that, between 2018 and 2020, Mrs Dashjugder was working for a company owned/operated by her niece (Ayanchin Four Seasons Lodge). She was employed there as a contract accountant and, around 2020, she was offered a managerial job at the resort. She was very interested in this 'job idea' but did not have the work experience or qualifications to take up the offer at that time. After reflecting on her future career path at that time, Mrs Dashjugder 'deferred' the offer and began investigating how she could acquire the necessary skill set.
4. The Tribunal asked Mrs Dashjugder about the documented job offer she has submitted. While the offer has been made by a company owned/operated by her relative, Mrs Dashjugder stated that she believes it to be a firm offer made to her on the basis that she has proven herself to be an effective and hard-working employee of the company.
5. Mrs Dashjugder explained that she would work on-site at the resort, as a manager, as soon as she returns to Mongolia. While there would be some financial/record-keeping tasks in the 'manager' role it would be quite different to the accounting work she did there previously. She would, for example, be responsible for monitoring stock levels, quality control, staff rostering (hiring and firing) as part of her kitchen and hospitality management role at the resort.
6. In terms of remuneration in the new role, Mrs Dashjugder stated that she has come to an agreement with the employer to be paid 4 million Mongolian Tögrög per month (AU$30,000 per annum). She would be earning AU$18,000 more per annum in this new role - taking into account the significant financial investment she is making in her Australian studies and the increased responsibilities of the new position.
7. In relation to property interests in Mongolia, Mrs Dashjugder stated that she is the sole owner of a private residence which is currently rented to a tenant. She is also the sole owner of a 2-bedroom apartment in Ulaanbaatar where she would live upon return. The resort is located only 25 km from the apartment.

1. In response to a Tribunal request (19 January 2026) for further information regarding Miss Amarbayasgalan's whereabouts and intentions, the applicant provided:
   • the authorisation given to the applicant to suspend her studies (27 January 2026 to 6 February 2026) issued by Evolution Hospitality Institute on 20 January 2026
   • a flight ticket Ulaanbaatar - Sydney for Miss Amarbayasgalan on 15 December 2025
   • flight tickets Sydney - Ulaanbaatar for the applicant and her daughter on 27 January 2026
   • a medical certificate (16 January 2026) in respect of the applicant's mother Uzmee Maam
   • an explanation of recent (and proposed) transits into/out of Australia for the applicant and her daughter, stating that the applicant intends to return to Australia on 7 February 2026 to resume her studies.

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 an applicant's circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
3. At hearing, Mrs Dashjugder was transparent when giving evidence which was consistent with the materials provided to the delegate and the Tribunal and outlined above.
4. The Tribunal accepts that, in or around 2020, Mrs Dashjugder deferred an offer of a managerial position at Ayanchin Four Seasons Lodge to allow her time to acquire the skills and qualifications necessary to carry out that position. Thereafter, she investigated culinary-related courses in Mongolia and found them to be unsuitable.
5. The Tribunal accepts that the applicant appropriately investigated the coursework components she would need to complete to acquire international-standard culinary skills (particularly in areas such as global and multicultural cuisine preparation, advanced food production techniques and hospitality service management practices used in international resorts and restaurants) in order to take up the managerial position at Ayanchin Four Seasons Lodge.
6. While it is acknowledged that Mrs Dashjugder 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 kitchen and hospitality management) in order to acquire a skillset that:
   • after working 20 years in the field of accounting (and having reached the peak of her professional trajectory in that field), will enable her to pursue a line of work in which she has a passion
   • will enable her to take up the well-paid Resort Manager position that has been offered to her by Ayanchin Four Seasons Lodge
   • serve her well in her career plan for the next phase of her life
   • will enable her to transition into a working role in which she can remain active, engaged and socially connected in coming years.
7. The Tribunal is satisfied that the applicant intends to use her Australian studies to take up well-paying employment as a Manager in Mongolia.
8. In addition to the findings above, the Tribunal places significant weight on the evidence of a job offer made to the applicant which references the desirability of her courses in English communication and hospitality management.
9. The Tribunal formed the view that Mrs Dashjugder genuinely determined to change her career path, in or about 2020, and intends to utilise her previous work experience with Ayanchin Four Seasons Lodge and her Australian qualifications, to progress her career pathway in her home country.
10. The Tribunal notes that the applicant has strong family and financial ties to her home country. The Tribunal places significant weight on the applicants' decision to return their daughter to Mongolia. These factors indicate to the Tribunal that the applicant's 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 August 2024 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 Mrs Dashjugder 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 Mrs Dashjugder'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 Mongolia. 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 Mrs Dashjugder the conditions applying to her visa and she demonstrated an awareness of these conditions. It is accepted that 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 visa issued to her on 14 May 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 primary 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. As the Tribunal is remitting the application of the primary applicant, it is appropriate that the visa applications of the second-named and third-named applicants, who are seeking to satisfy the secondary criteria for the visa on the basis of being a member of her family unit, also have their applications remitted for consideration of the remaining visa criterion.

Representative for the Applicant: Mr Rajat Setia (MARN: 1792078)

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.