1. The applicant applied for a Student Visa to study in Australia's Vocational Education and Training Sector on 13 November 2023. According to the information in his visa application and supporting statement:
   1. he was born in India and lived in Jagraon, (Ludhiana) in the State of Punjab;
   2. completed secondary and senior secondary education in 1996 and 2001;
   3. intended to start Certificate III in Patisserie and Certificate IV in Patisserie from Victorian Institute of Technology Pty. Ltd;
   4. researched the hospitality industry and enrolled in hospitality courses and applied for his first Student Visa in 2018;
   5. completed Certificate III Commercial Cookery in 2019, Certificate IV in Commercial Cookery 2020, Diploma in Hospitality Management in 2020 and Diploma of Business in 2022; the completed an Advanced Diploma of Hospitality Management in Oct 2023;
   6. travelled back to India in December 2023, and his job search identified the hospitality industry had undergone significant changes. Employers had very high expectations, so decided to enrol in Certificate III in Patisserie and Certificate IV Patisserie at the Victorian Institute of Technology Pty. Ltd;
   7. considered chefs across India can earn around INR 1000000 to INR 2000000 per annum in metropolitan city hotels like Taj, JW Marriott, Hilton, etc;
   8. claimed family ties in India include his father (mother has sadly passed away), his wife and children. He has two younger brothers; one lives in Australia and the other lives in Canada.
2. The delegate considered a range of factors including the applicant's circumstances in India and in Australia, and the value of his proposed courses of study in relation to the applicant's future career plan. The delegate was not satisfied that the applicant intended to genuinely stay in Australia temporarily and was not satisfied that he met cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).

1. The applicant provided written submissions and documents prior to hearing, including answers to the Tribunal's Student Visa Information form. In that form submitted online on 07 August 2025, the applicant:
   1. acknowledged India has similar patisserie courses however claimed he chose to study in Australia because the Australian education system is recognised globally for its quality and innovation, learning alongside international students from diverse cultures, subject to Australia's strict quality standards for courses and education providers, and believes that studying in Australia will provide superior education and career opportunities compared to similar courses available in India;
   2. has been consistently working in Australia as a truck driver from February 2022;
   3. claims ties to family land in India valued at $430,000 AUD;
   4. after completing the patisserie course, plans to work as a chef in the hospitality industry to gain valuable hands-on experience in a professional kitchen environment, expecting to earn between INR 50,000 to INR 60,000 per month in India;
   5. planned course directly aligns with long-term goal of building a successful career in baking and patisserie, and eventually opening his own patisserie or café so the course is not just a step toward employment, but a foundation for a lifelong career in the culinary arts;
   6. plans to seek employment in bakeries, restaurants, or hotels, where he can apply his learning and continue to develop technical and creative abilities;
   7. in the long term, aims to return to India and establish his own business to introduce innovative, high-quality pastry products and create a space that reflects the skills and experience gained through studies and work.
2. The applicant appeared before the Tribunal via Microsoft Teams audio visual link on 29 October 2025 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Punjabi and English languages. The applicant was assisted in relation to the review. The applicant's representative did not attend the Tribunal hearing.
3. For the following reasons, the Tribunal considers the decision under review should be affirmed.

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.
2. The issue in the present case is whether or not the applicant genuinely intends to stay temporarily in Australia while he completes his studies and leave Australia after completion.

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.

1. The applicant provided a signed written statement dated 24 October 2025 covering his academic history, choice of education provider, decision to study in Australia, family ties in India and reasons for choosing the Certificate IV in Patisserie. The statement expands on his Student Visa Information Form submitted 07 August 2025. He explained his career prospects suggesting the Indian tourism and hospitality industry has emerged as a key growth driver in the services sector. He believes the Certificate IV in Patisserie can open up career prospects in India's growing culinary industry as the demand for gourmet experiences and international cuisines continues to rise, and suggests skilled pastry chefs are in high demand. He believes as a chef in India he can earn from INR 1,000,000 to INR 2,000,000 per annum, with even higher earnings for positions in prestigious hotels in metropolitan cities like Mumbai and Bangalore, potentially earning up to INR 2,500,000 annually. The applicant stated that his wife and family members eagerly await his return to India.
2. During the hearing the applicant spoke about his family in India including his wife Mandeep Kaur, to whom he has been married for over 16 years, his son aged 14 and daughter aged 10. They continue to live in Ludhiana, Lakha Village, Punjab. They live in a house owned in his father's name. The applicant said that sometimes his father visits Australia and sometimes he lives over in India.
3. The applicant explained his community ties in his village include his friends who have agricultural land. Most of them have small businesses dairy farming and small restaurants and he keeps in contact with them. The applicant explained that after he left high school he worked in a kitchen in 2005 - 2006 at Seninone Hotel in Jagraon which is approximately 25km from his village. He also worked on agricultural land owned by his father who used to grow wheat and rice and had some grazing land for cattle. The applicant explained property in India is in his parents' names, and once his father passes away there will be division of assets between himself and two siblings. Apart from his younger brother Jatinder and Jatinder's immediate family, he has no other relatives in Australia.
4. The applicant explained that he has not really formed community ties in Australia. He has some friends from his village in India who are living in different cities like Brisbane, and Sydney, with whom he keeps in touch. He visits a Sikh temple for prayers and does some volunteer work there including helping serve food, cleaning and other chores.
5. The applicant says he does not have a permanent job in Australia but works casually in the baking factory in Altona, Victoria, where his brother works. He continues to drive trucks and take on any casual work he is able to obtain. He earns on average around $700 or $800 per week and sends some money to his family in India. He says that mostly because of the land owned by his father there is good annual income of around $8 Lakh to $9 Lakh to support for his wife and children. If there is something the children need in India, he sends money home.

1. The Tribunal raised a number of concerns with the applicant during the hearing.
2. The applicant has effectively lived in Australia for over 7 years, 4 months and has been absent overseas for a little over 4 months in that time. The Tribunal said it is of concern that a person studying vocational courses would have remained in Australia for such an unusually long time, thus raising questions about the genuine temporary nature of his stay in connection with study. The applicant said he wants to complete his studies as a chef and once he gets practical knowledge and in terms of Indian food and sweets be believes there is good demand for restaurants for food and sweets that will generate good income in India. He wants to go back and start a small business to support his kids and help with their education and give them a better future.
3. The Tribunal raised a concern flowing from data in the Provider Registration and International Student Management System (PRISMS) report regarding the applicant's study history in Australia. The Tribunal explained to the applicant that it appears he has been enrolled in 14 courses and cancelled out of 8 course enrolments. The applicant was offered the opportunity to comment and said he thinks he had not completed one subject but other than that he completed the Certificate III and Certificate IV.
4. The Tribunal further clarified from the PRISMS report there had been 5 vocational study courses successfully completed between 01 October 2018 to just before he lodged his most recent Student Visa application, subject of this review, on 13 November 2023. The PRISMS report shows prior to the most recent student visa application being lodged, the applicant had attained a Certificate III in Commercial Cookery from 03 October 2018 to 27 September 2019; a Certificate IV in Commercial Cookery from 07 October 2019 to 03 April 2020; a Diploma of Hospitality Management from 14 April 2020 to 05 November 2020; a Diploma of Business from 22 February 2021 to 02 February 2022. There was an unexplained study gap of just over one year and three months between completion of that program and commencement and completion of study to attain his Advanced Diploma of Hospitality Management from 05 June 2023 to 22 October 2023.
5. Since lodging his current application, the applicant had enrolled and cancelled out of the following programs:
   1. Certificate III in Patisserie from 13 November 2023 to 25 August 2024 - cancelled 11 March 2024 for compassionate or compelling circumstances.
   2. Certificate III in Patisserie from 18 March 2024 to 10 November 2024 - cancelled 2 October 2024 for non payment of fees.
   3. Certificate IV in Patisserie from 26 August 2024 to 24 November 2024 - cancelled 11 March 2024 because of change in CoE.

1. Certificate IV in Patisserie from 11 November 2024 to 30 March 2025 - cancelled 22 October 2024 for non commencement of studies.

The Tribunal expressed concern and sought the applicant's comments as to why he was not, as it appears, actively engaged in study from November 2023 until commencing the Certificate IV in Patisserie from 29 September 2025, (due to be completed by 27 September 2026). The Tribunal explained the applicant had applied for his most recent student visa on 13 November 2023, his application was refused by the delegate on 07 May 2024,. If indeed he was purporting to be a genuine student intending to temporarily stay in Australia, why was he not engaged in study and why did it appear he had not been committed to studies for almost 2 years? The applicant responded that his visa was cancelled during that period, and he didn't enrol. He said he was fully intending to go back to India after the visa refusal but claims his friends advised that he can complete his current course and then go back to India. The applicant says he gained some additional information and that's why he enrolled in the Certificate IV Patisserie one month before the Tribunal's hearing, and he thought he could complete this course and then go back to India.

1. The Tribunal sought to further clarify the applicant's statements which continued to elicit reasonable concerns over multiple course enrolment cancellations between November 2023 and March 2025. The applicant said the reason behind his non enrolment was that his visa was rejected. He planned to go back to India in 2024, but his friends said he can gain knowledge and study Patisserie and start a business in India. Again, the applicant stated I received information about this hearing date and then I got information about this hearing date so I thought I would enrol in the course to complete my study of 1 years in Patisserie and once I complete that study I can go back home to India and start my business.
2. The Tribunal questioned the nature of investigations undertaken by the applicant to identify locations and properties to start his planned patisserie or café business, and what funds he would need to start such a business in India? In response to this concern, the applicant said he would like to start his business in Jagraon on a very small scale, maybe needing $3 Lak to $5 Lak to start a small restaurant and because that town has many small villages it is a good place to start a small business and once started he can grow his business and then maybe move the business to the big city in Ludhiana.
3. Based upon the applicant's apparent paid work schedule, the Tribunal expressed concern about the applicant's capacity to devote time to his current course of study. The applicant explained he will be engaged in 'in person' and 'hands on' learning at his College near Flinders Lane in Melbourne. He will attend on Wednesday and Thursday for study and on Friday for practical classes. He will study the whole day, 3 days per week. He says he is then free to work as a casual at nights. The applicant had class orientation on 29 September 2025 and his actual classes start the day after the Tribunal's hearing. He did not have information about what subject he will start studying from 30 October 2025, but was informed it would be a full day.
4. Again, based on limited information elicited from the applicant regarding his enrolment anomalies since lodging his current visa application, the Tribunal again summarised concerns that the applicant realised his application had been refused, he made a decision to go home to India and did not enrol to study, then after four enrolment cancellations, he received a notice from the Tribunal, and only then decided to enrol in his current Certificate IV in Patisserie. The applicant responded I would like to say that my visa was refused and I thought about going back to India but my friends gave me advice and I also tried to get some knowledge about this and that is why I really tried to enrol in course but then it didn't happen and when I got guidance from friends I thought I would enrol and complete and go back to India.
5. Notwithstanding the applicant's claim that he intends, genuinely and without qualification, to stay in Australia temporarily and then return home to India because his plan is to complete this study and go back to India to start his own business, the Tribunal raised concerns about the reality of this statement in light of the situation and circumstances. The applicant said Yes I would be completing this study and then I would be going back to start my business and grow it over time because the struggle I have been through I want to go back and provide a better future to my children and the knowledge I will accumulate I will use to grow my business in India to have a better future for me and my wife, and we will be able to enjoy our life in future.

1. The applicant was unable to convince the Tribunal that he has had a legitimate commitment to study as a genuine temporary entrant to Australia. His explanations regarding four cancelled enrolments from November 2023 through to March 2025 were unhelpful, lacked detail, and gave raise to the fair and reasonable inference that the applicant has remained in Australia for reasons other than any real commitment to temporary study and exit from Australia.
2. The applicant's evidence further raises the fair and reasonable inference that he may not have enrolled in his current course of study, only one month before the hearing of his review application, but for being prompted by receipt of correspondence from the Tribunal.
3. The applicant already holds Certificates III and IV in Commercial Cookery, and higher level qualifications in Hospitality Management, Business and an Advanced Diploma of Business. All of these were attained before masking his current student visa application. All of which would have given the applicant the necessary practical skills and theoretical knowledge to commence his planned small business in India even without a Certificate IV in Patisserie. Of significant note is the fact that the applicant has failed to complete a course of study since lodging his current student visa application on 13 November 2023. He has cancelled out of 4 enrolments in just under 2 years, and only recently enrolled in and has barely commenced the Certificate IV in Patisserie which was the central claim in his student visa application.
4. Overall and on balance, the applicant's evidence was vague and unconvincing. The applicant has a brother with immediate family living in Australia. The applicant is actively engaged in paid employment and sends money home to his family in India. The applicant has failed to provide the Tribunal with any degree of confidence that he is genuinely engaged in his studies and that he is a genuine temporary entrant to Australia.
5. Weighing up all of the available evidence, I am not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).
6. The criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
7. Accordingly, the decision under review must be affirmed.

Representative for the Applicant: Mr Harjeet Singh Chahal (MARN: 1688913)

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.