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 first named applicant is a citizen of Mongolia who was born in 1994. She arrived in Australia in August 2023 on a subclass 462 visa. At the time of her arrival, the applicant was accompanied by her De Facto partner (second named applicant), and her daughter (third named applicant). The applicant submitted a student visa application in November 2023. In that application, the second and third applicants were listed as her dependents.
2. In support of her application, the applicant has also provided a range of additional documentation to the Department:
   • A copy of the biodata page from a Mongolian Passport issued in 2022 in her name.
   • A copy of the biodata page from a Mongolian Passport issued in 2022 in the second applicant's name.
   • A copy of the biodata page from a Mongolian Passport issued in 2023 in the third applicant's name.
   • A copy of a Mongolian Birth Certificate issued in the name of the third applicant. This document indicates the third applicant is the daughter of the first and second applicants. A translation of the Birth Certificate.
   • A six-page written statement which outlined her reasons for study in Australia and her commitment to stay in Australia temporarily (the 2023 GTE Statement).
   • A copy of two Overseas Student Health Cover (OSHC) Verification Letter's indicating the first and second applicants had obtained health cover in Australia. Copies of documents indicating the third applicant had also obtained health cover in Australia.
   • A copy of a Pearsons Academic Score Report for an English language test which the applicant had taken in October 2023
   • A copy of a Business Administration & Financial Management degree issued to the first applicant by the Mongolia Institute of Finance and Economics in June 2015. An academic transcript for the bachelor's degree. Translations of these documents.
   • A copy of a 2018 Employment Agreement from Jacobs Engineering in Ulaanbaatar issued to the applicant. Other document pertaining to her employment with the company.
   • A letter dated 2 March 2021 from Worley Engineering Company in Ulaanbaatar indicating her employment from March 2018.
   • An extract from an employment contract with PricewaterhouseCoopers Audit in Ulaanbaatar.
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Master of Business Analytics (Extension) course which commenced in March 2024, and which is scheduled to end in February 2026.
   • A 'Professional Profile' for the first applicant, which outlines her work skills and experience
3. The Tribunal has considered all of this material.
4. The applicant's student visa application and her 2023 GTE Statement indicated that in Australia she intended to study a Master of Business Analytics (Extension) before returning to Mongolia with her family.

1. On 5 November 2025, the applicant's migration agent provided a range of documents to the Tribunal in order to obtain expedited decision in relation to the applicant's case. These were:
   • A two-page submission requesting an expedited decision (the 2025 expedited decision submission).
   • A duplicate copy of the Overseas Student Confirmation-of-Enrolment Certificate for a Master of Business Analytics (Extension) course which commenced in March 2024, and which is scheduled to end in February 2026.
   • Interim results issued by Kaplan Business School in October 2025 about the applicant's study of the Master of Business Analytics (Extension).
   • An 'Expected Course Completion letter' dated 10 October 2025 issued by the Academic Dean of Kaplan Business School about the applicant's expected completion of the Master of Business Analytics (Extension) in February 2026.
2. The Tribunal has considered all of this material.

1. As noted above, the applicant's student visa application was refused in February 2024 and the applicant subsequently submitted the application for review to the Tribunal in March 2024.
2. In November 2025, the Tribunal wrote to the applicant's representative and notified him that the applicant's case would soon be submitted to a Tribunal Member. That correspondence invited the applicant to give, in writing, all relevant information about the course(s) of study she had undertaken in Australia, and her entry and stay in Australia as a student. The Tribunal requested the applicant submit this information in a Student Visa Information Form. The applicant subsequently provided a completed Student Visa Information Form to the Tribunal that had been submitted and endorsed by the applicant's representative indicating the information in the form was complete and correct.
3. The completed Student Visa Information Form contained information about the applicant; information about her education and employment before coming to Australia; information about her travel to Australia and other countries; information about her current visa application; information about her current and previous enrolment in educational courses in Australia; information about her employment and expenses in this country, and other circumstances including information about her assets, her future plans, her family, and her community ties to Mongolia. The Tribunal has considered the completed Student Visa Information Form.
4. In December 2025, the applicant has provided a range of additional material support of her 2023 student visa application:
   • Duplicate copies of the interim results and the 'Expected Course Completion letter' issued by the Kaplan Business School which had been provided as part of the applicant's earlier request for an expedited decision.
   • A copy of a 'Flat Possession Certificate' (No#0011686) issued by the Apartment Privatisation Bureau of Ulaanbaatar Mongolia. This identified the second applicant as a co-owner of an apartment in Ulaanbaatar.
   • A document pertaining to medical treatment for the applicant's brother in September and October 2024. A translation of that document. A Radiology Examination report from September 2024 for applicant's brother.
   • A Mongolian Certificate of Real Estate Ownership dated 5 April 2025 and a Translation. This identifies the applicant as the owner of an apartment in Ulaanbaatar.
   • A duplicate copy of the March 2021 letter from the Worley Engineering Company.
   • A duplicate copy of the 2018 Employment Agreement from Jacobs Engineering.
   • A three-page document containing a record of Social Insurance Contributions made by the applicant to the General Authority for Social Insurance in Ulaanbaatar, Mongolia between October 2015 and December 2025.
   • A four-page submission, written on behalf of the applicant by her migration agent (the 2025 submission) which argues that the applicant satisfies clause 500.212 of Schedule 2 to the Migration Regulations 1994.
5. In January 2026, the applicant provided further material to the Tribunal. this was:
   • A copy of a two-page letter from the Registrar/Integrity Manager at Kaplan Business school dated 5 January 2026. The letter confirms that the applicant is currently enrolled in the Master Business Analytics (Extension) program at Kaplan Business School's Brisbane campus which commenced in March 2024, and which has an expected end date of 20 February 2026.
   • Updated Interim results issued by Kaplan Business School in January 2026 about the applicant's study of the Master of Business Analytics (Extension).
6. The Tribunal has considered all of the material provided by the applicant.
7. In addition to the material provided by the applicant, the Tribunal has obtained:
   • A copy of an Australian government movement record for all three applicants. These documents contain information about their travel to Australia, their visa status in this country, and the conditions attached to their visas.
   • The Tribunal has also obtained records from the Provider Registration and International Student Management System ('PRISMS') for the applicant. These records contain information about the applicant's enrolment and study in Australia.
8. These records were discussed with the applicant at the hearing and contained information consistent with the applicant's oral and written evidence about her study and travel to Australia. The Tribunal places no adverse weight on these records.

1. The applicant has been studying in Australia since March 2024. The applicant's Student Visa Information Form, her 2025 submission and various documents she has provided from the Kaplan Business School indicate that in Australia she has only enrolled in a single course:
   • A Master of Business Analytics (Extension) which commenced in March 2024, and which is scheduled to conclude in February 2026.
2. The Tribunal has reviewed the various documents the applicant as provided relating to her study in Australia and the PRISMS record. The Tribunal accepts that in Australia the applicant has been enrolled in the Master of Business Analytics (Extension) since March 2024 and that she is due to complete this course in February 2026.
3. As noted above, the applicant's 2023 student visa application and her 2023 GTE Statement indicated she intended to return to her home country after she competed the Master of Business Analytics (Extension). The applicant's 2025 Student Visa Information Form and her 2025 submission also refer her intention to return to Mongolia at the conclusion of her Master of Business Analytics (Extension).

1. The Tribunal conducted a hearing with the applicant on 13 January 2026. During the hearing Tribunal questioned the applicant various aspects of his student visa application and his intentions. In response, the applicant gave oral evidence regarding these issues.

1. Direction 108 requires decision makers to consider the applicants circumstances in her home country. The applicant is a Mongolian citizen who was born in Mongolia. In Mongolia, the applicant has the political and social rights associated with citizenship. She speaks the Mongolian language and has cultural links to Mongolian society. The applicant completed her education in Mongolia and lived there throughout her childhood. In Mongolia she studied up to year the university level, completing a Bachelor of Business Administration in Financial Management from the Mongolian Institute of Finance and Economics. The Tribunal accepts the applicant has political, social, cultural and community ties to Mongolia.
2. According to the applicant's student visa application and the completed Student Visa Information Form her family consists of her mother, father and brother who remain in Mongolia and her de facto partner and daughter, who have accompanied her to Australia.
3. The Student Visa Information Form indicates that she has strong family ties to Mongolia and that she maintains very close and regular contact with her family in Mongolia through daily phone calls, video calls, and group chats with her parents, siblings, and extended family. She stays actively involved in family matters, celebrations, and important decisions despite living in Australia. Since she arrived in Australia, she has returned to Mongolia twice in August 2024 and again in June 2025 to visit her family in that country. The Student Visa Information Form says that these visits, combined with her ongoing daily communication, reflect her continued commitment to her family and reinforce the strong personal ties she maintains with her home country.
4. The applicant's family was discussed during her hearing. She said that her family was important to her and that she maintained strong and regular contact with them. She said her brother was ill (citing the medical records she had provided), and that she had returned to Mongolia to visit him. She stated she had made two return trips to Mongolia to visit family in 2024 and 2025.
5. The Tribunal accepts that the applicant has family ties to Mongolia and that she maintains regular contact with her family in that country. However, the Tribunal notes that the first applicant's immediate family, including her de facto partner and daughter are with her in Australia, and in the circumstances, the Tribunal does not consider that her family ties to Mongolia would, on their own, represent a significant incentive to return to her home country.
6. Direction 108 says that decision makers should consider the applicant's economic ties to their home country and whether the applicant's economic circumstances that would present as a significant incentive for the applicant not to return to their home country.
7. The Student Visa Information Form asked the applicant to provide details of any property or significant assets. However, the completed form, which the applicant returned to the Tribunal did not contain any information about these issues. The applicant's 2023 GTE Statement and the 2025 expedited decision submission are also silent on this issue.
8. The applicant's 2025 submission argues that the applicant is the registered owner of immovable property in Mongolia, which constitutes a significant and ongoing economic commitment and incentive to return and the co-owner of the other immovable property in Mongolia with her de facto partner which also constitutes a significant and ongoing economic commitment and incentive to return. The 2025 submission, citing the applicant's social insurance contributions in Mongolia, argues that these contributions reflect sustained lawful employment, long-term economic integration, and future social security entitlements tied to continued residence in Mongolia.
9. The applicant's economic circumstances and ties to Mongolia were discussed during her hearing. She was able to discuss the property she owned in Mongolia and indicated that she was presently on 'maternity' leave and that she had a job waiting for her in Mongolia which she intended to return too. Her representative submitted that her property and her social insurance payments were a strong incentive for her tor return to he home country.
10. The Tribunal accepts the applicant has real economic ties to Mongolia including property ownership, a history of sustained employment in her home country and an active social insurance contribution account. However, the Tribunal does not consider that these economic ties, on their own, represent a significant incentive to return to Mongolia.
11. Direction 108 indicates that decision makers should consider 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. The direction indicates that decision makers should allow for any reasonable motives established by the applicant. The Tribunal questioned the applicant about her study in Australia during the hearing. The applicant was able to identify why she studied in Australia and the benefit of studying in this country.
12. In her Student Visa Information Form and during her hearing, the applicant indicated that she did not have any concerns about returning to Mongolia. The Student Visa Information Form and her 2025 expedited decision submission both indicated her intention to return to Mongolia after she completes Master of Business Analytics (Extension) in February 2026. At her hearing, she has indicated he does not have any concerns in relation to political or civil conflict in that country, nor does she have any outstanding military service obligations. She stated that she was intending to return to Mongolia at the completion of her study in Australia and that she was happy to do so.

1. Direction 108 requires the decision makers to consider the value of the applicant's course of study in Australia to her future. According to the applicant's 2023 GTE Statement, she has a profound appreciation of how her studies in Australia align with her professional aspirations because among other things, the program will impart a transformative learning experience that goes beyond traditional academic boundaries and because the subjects in the course have been carefully curated to address the multifaceted nature of today's business analytics field.
2. The applicant's submission argues that her past employment and her study in Australia demonstrate a stable and established career trajectory in Mongolia, not casual or speculative employment and that her study in Australia directly builds upon her finance, auditing, and project-controls background. The submission further argues that since commencing the course, the Applicant has maintained continuous full-time enrolment; passed all completed subjects with satisfactory results; and maintained overall attendance at an acceptable level (87%). The Tribunal has considered the arguments made in the submission.
3. The applicant is currently studying at the master's degree level in Australia. Her current study is in the business analytics field. The applicant has previously completed a bachelor's degree in business administration & financial management at university in Mongolia, and so the Tribunal considers that the applicant's current course of is entirely consistent with her prior level of education and her prior study from Mongolia. The applicant's 2023 GTE Statement outlines her career goals, and the Tribunal has considered the arguments offered about these issues and accepts that this applicant's current study of the Master of Business Analytics (Extension) would assist the applicant to obtain employment or improve her employment prospects in her home country. For the same reasons, the Tribunal accepts that the applicant's current study in Australia is relevant to her proposed future employment in Mongolia.
4. The Student Visa Information Form asked the applicant to provide details of her estimated renumeration in Mongolia using the qualifications obtained from his current study. In the completed form, the applicant asserts that current labour-market data indicates strong earning potential in Mongolia for roles she might work in her home county are between typical business analyst earns ₮29.0 million to ₮31.1 million MNT per year, a figure said to reflect the salary range of professionals with advanced analytical training. The Tribunal has considered this evidence.
5. Overall, the tribunal considers the applicant has been able to clearly articulate the benefits of her study in Australia.

1. Direction 108 requires decision makers to consider an applicant's immigration history and whether there is any evidence that she had failed to comply with the migration laws of Australia or another country.
2. The applicant's 2025 submission argues that in Australia the applicant has complied with all visa conditions; always maintained lawful status; demonstrated genuine academic engagement; and voluntarily departed Australia to return to Mongolia during her studies. Such conduct is said to be inconsistent with any intention to merely maintain residence in Australia. The submission notes the applicant has previously held Australian visas, complied with all conditions, and has never overstayed or breached her obligations in this country.
3. The applicant has disclosed brief travel to Korea (seven days) in August 2023 and China (nine days) in July 2025. According to the Student Visa Information Form, this travel was for holiday. During her hearing, the applicant disclosed further travel to Turkey in 2022. This was also for a holiday. There is no evidence before the Tribunal that the applicant has failed to comply with any with the migration laws of any other country.
4. The applicant arrived in Australia in August 2023 on a Holiday and Work visa. She subsequently submitted her student visa application. Except for her student visa application, there is no evidence before the Tribunal that the applicant has applied for any other visa in Australia. The applicant's student visa application and her 2023 GTE Statement clearly indicate her intention to understand and abide by the conditions of her visa in Australia. At the time she submitted the student visa application, the applicant was granted a bridging visa allowing her to remain in this country while his application was assessed. Currently, the applicant remains on the bridging visa. There is no evidence before the Tribunal that the applicant has failed to comply with any conditions of her visa.
5. Overall, the tribunal considers the applicant's immigration history to be favourable.

1. Direction 108 requires decision makers to consider the applicants potential circumstances in Australia and indicates that decision makers should have regard to whether an applicant's ties to Australia would present as a strong incentive to remain in this country.
2. The Student Visa Information Form asked the applicant to provide details of her community ties (if any) to Australia. The applicant lives in Brisbane with her immediate family in rental accommodation. At her hearing he indicated she does not have any members of her extended family in Australia, and none are disclosed any the Student Visa Information Form, or any of the other documents before the Tribunal. However, as noted above, the applicant's immediate family (de facto partner and daughter) are present in Australia and reside with her in this country.
3. The Tribunal has considered the applicant's ties with Australia and whether they would present as a strong incentive to remain in this country. While the presence of her immediate family in this country may be perceived as an incentive to stay in this country, the Tribunal notes that her family members have been declared since her arrival in this country. The tribunal is not satisfied that this factor, on its own, is more significant than other factors mentioned above.
4. Direction 108 indicates that decision makers should consider whether the applicant has entered into a relationship of concern for a successful Student visa outcome. The applicant is married and lives with her de facto in Australia. He de facto partner travelled to Australia with her and was disclosed in her 2023 student visa application. He is a dependent on her current visa. There is no evidence before the Tribunal that the applicant has entered into a relationship of concern for a successful Student visa outcome. The Tribunal is satisfied the applicant has not entered into a relationship of concern for a successful Student visa outcome.
5. During her hearing the applicant was able to discusses her course of study in Australia with ease and clarity. She was able to identify the institution she was studying at, and when her course ended. She was able to speak fluently and coherently about the subjects she had studied and their application to the workplace. The Tribunal considers the applicant to have displayed comprehensive knowledge of her course of study and its implications for her future.
6. The direction indicates that decision makers should consider whether the student visa programme is being used to circumvent the intentions of the migration programme or to maintain ongoing residence. In the Tribunal's view, there is no evidence before the Tribunal that the applicant is using the student visa programme to circumvent the intentions of the migration programme or maintain ongoing residence in this country.

1. According to Direction 108, a successful student applicant must be both a genuine temporary entrant and a genuine student. 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.
2. The Tribunal has considered this applicant's circumstances in Australia and in her home country, the value of her course of study to her future, and her immigration history. The applicant is a not a minor, nor has she submitted a Student Guardian application.
3. The Tribunal has accepted the applicant has family, political, social and cultural ties to Mongolia. The Tribunal accepts that the applicant does not have any fears about returning to Mongolia and that she has strong economic ties to her home country. Her immigration history is favourable, and her course of study has clear links to her prior study in Mongolia and her prior employment in that country. She has been able to clearly articulate the benefits of her study in Australia. The Tribunal considers that all of these factors weigh in her favour. There is no evidence before the Tribunal that the applicant is using the student visa programme to circumvent the intentions of the migration programme or maintain ongoing residence in this country.
4. 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).

Does the applicant intend to comply with visa conditions?

1. For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant's record of compliance with any condition of any visa they previously held, and the applicant's stated intention to comply with any conditions to which the visa may be subject.
2. A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents' education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
3. The evidence before the Tribunal indicates that the applicant has abided by conditions of the visas she has held to date and has been continuously enrolled. As noted above, the applicant has indicated her intention to comply with the visa conditions imposed on her. There is no evidence before the Tribunal that the applicant has failed to comply with these visa conditions in the past or intends not to comply in the future.
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 the applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). The Tribunal has not identified any other relevant matters. 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 decisions under review and remits the applications for Student (Temporary) (Class TU) visas for reconsideration, in accordance with the order that the first named applicant meets the following criteria for a Subclass 500 (Student) visa:
   • cl 500.212 of Schedule 2 to the Regulations.

Representative for the Applicant: Mr Adarsha Jung Pandey (MARN: 2217915)

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.