'had altered his migration intentions significantly to remain in Australia to undertake a series of courses they have been unable to establish the significant benefit of their future renumeration and employment prospects in their home country. The applicant's changing intentions rases serious concerns they are attempting to circumvent the intentions of the migration program and are using the student visa program as a means of maintaining residence in Australia'[1].

1. In his application he indicated he completed year 12 high school in 2005. He has then worked as a kitchen hand and a sous chef in Malaysia from 2008 to 2016 when he came to Australia.
2. Confirmation of Enrolment documents (CoE's) attached to his application and subsequent PRISMs records refer to the applicant studying the following:
3. Firstly, a General English course at the Pacific English College, from 19 December 2016 to 6 April 2018. This course was successfully completed.
4. He then studied Certificates I, II, III, and IV in Business at the Spencer College between 2 July 2018 and 1 August 2021. These courses have been successfully completed.
5. The applicant then enrolled in a Certificate IV in Commercial Cookery at the Spencer College on 20 September 2021 to which he has attended some components but the enrolment was cancelled on 11 December 2022 with the variation reason being 'unsatisfactory course progress'.
6. On 23 January 2023, the applicant enrolled in a Certificate IV in Kitchen Management at the Cambridge College however this enrolment is listed as 'inactive' as of 19 July 2024. The applicant has re-enrolled in this course on 8 July 2024 and completed the course on 7 November 2025.
7. The applicant has enrolled in a Diploma of Business on 6 February 2023 which on 4 February 2024 was listed as 'inactive'.
8. On 20 February 2023, the applicant has enrolled in a Diploma of Hospitality Management and his enrolment was cancelled due to 'non commencement of studies'.
9. On 3 June 2024, the applicant enrolled in a General English 1-4 course at the Shafston College which he completed on 28 June 2024.
10. He then enrolled in a Certificate IV in Kitchen Management at the Cambridge College on 8 July 2024 and completed this study on 7 November 2025.
11. On 12 August 2024 he enrolled in a Diploma of Leadership and Management course at Shafston College and this enrolment was cancelled on 8 August 2025 due to a 'change to CoE/Student Details'.
12. The applicant then enrolled in a Diploma of Hospitality Management at the Shafston College commencing on 12 August 2024 and this enrolment was cancelled on 4 April 2025 due to 'non commencement of studies'.
13. The applicant then enrolled in a General English (2-50 weeks) Course at the Shafston College commencing on 10 November 2026 and was completed on 16 January 2026.
14. He then has enrolled in a Diploma of Hospitality Management from 19 January 2026 to be completed on 3 July 2026. This Diploma is part of a Commercial Cookery course package offered by the education provider and thus the enrolment was automated.
15. The applicant has further applied to study an Advanced Diploma of Business at the Shafston College commencing on 27 July 2026 to complete on 20 August 2027.
16. Since living in Australia, the applicant has worked as a part time chef in 4 different restaurants from July 2019 to the present. He has stated in his Student Visa Information Form that his highest annual earning was between 2022 and 2025 where he received $40,000AUD per annum.
17. The applicant provided a GTE statement to the Department in 2023 outlining his future goals to open a fusion style restaurant in Malaysia and as such his courses of study in cookery, hospitality management and business are of particular relevance to the successful functioning of a restaurant.
18. With his application for review to the Tribunal the applicant provided an additional GTE statement. He also completed the requested Student Visa Information form and a further GTE form dated 26 November 2025. He added the following relevant information:

'I chose to study these courses in Australia mainly to pursue a full English-learning environment and enhance my international competitiveness.

• Limited English environment: In Malaysia, opportunities for fully English-taught programs are scarce, which makes it difficult for me to develop fluent business English.

• International advantages: Australian qualifications have stronger global recognition. At the same time, Australia provides high-standard international industry experience and effectively integrates advanced business strategy with hotel management practice.'

1. On 22 December 2025, the applicant provided a further submission to the Tribunal responding to the delegate's points for their refusal of his Student visa (Temporary) (subclass 500) application. I have reviewed this submission and whilst the material is in general like his previous GTE statements I note the following points, summarised below in the following paragraphs.
2. The applicant has stated he believes the qualifications he wishes to obtain in Australia, which are delivered in English are of greater assistance to him to then provide him with a significant advantage in his professional communication skills to work with international guests if he were to obtain employment in a multinational hotel chain. Further to this he believes the Australia education system provides strong emphasis on practical, firsthand learning thus gaining real world experience in professional kitchens. I note the applicant has been and is working in restaurants in Australia since 2019.
3. The applicant has provided in his GTE statement a rationale for his study choices and how this study will support his future plans to open a fusion restaurant in Malaysia. The applicant states he wishes to combine his knowledge of western foods with his knowledge of Asian food to open a restaurant serving both types of foods and recipes that are a mix of both. The applicant has been consistent in this claim in his documents however has added that he would need to work first in a large hotel kitchen first to gain experience. Initially he has said he wanted to open a restaurant in Kuala Lumpur and later changed this to having an opportunity to open a restaurant with a friend in Pilau Pinang. The applicant has not provided any information about how he would fund this restaurant.
4. The applicant states in response to the delegates point that he has strong employment ties in Australia working in restaurant kitchens from 2019 to 2022 particularly. The applicant notes a shortage of staff in hospitality during the Covid-19 pandemic and he states he then increased his work hours within the guidelines of his visa in response to these shortages.

1. At hearing the Tribunal noted that the issue before it is whether he meets the genuine temporary entrant criterion as per cl 500.212. It outlined these requirements and Direction No.108. It noted the change from Direction 69 but that the new Direction 108 was essentially the same as Direction 69.
2. When asked at the first hearing regarding the period from August 2021 to March 2024 during which the applicant was at times enrolled and attended study but did not complete any study and had courses cancelled by the education providers for non-completion, he was confused and much of the hearing time was spent going through the chronology of his study and at the conclusion of this hearing I informed the applicant and his authorised representative that I may send them a request to provide further evidence and explanation regarding this time period specifically as I had serious concerns about the lack of completion of any course over a nearly 3 year period.
3. After this first hearing I determined it was better to invite the applicant to a resumed second hearing to speak about this period specifically.
4. At the second hearing when asked about this period from 2021 to 2024 specifically the applicant stated, he was struggling with his mental health because of worry about his family issues, a relationship breakdown, and difficulties with the education provider of the time.
5. At this hearing I explored these points in detail with the applicant inquiring about the family issues, to which he said he was very worried about his father's health because during 2023 he was hospitalised in Malaysia with gout. I asked him if he considered returning to Malaysia at this time and he said no. He said his father was elderly and in his eighties. Upon inspecting his student visa application, I note he has listed his father's birthdate as 1954 which calculates his fathers current age in 2026 as 71 years old.
6. I asked him also about his relationship issues, he said he was fighting a lot with his partner and she had been unfaithful to him and they had separated in 2022/23 (he was not sure exactly when).
7. The applicant said during this time because of the worry about his father, the breakdown of his relationship and the difficulties in communication with his former college he had 'a breakdown' and he said he barely left the house. Upon my questioning regarding his work the applicant agreed that during this period between 2021 and 2023 he attended work. He did not seek any medical or counselling treatment stating this was culturally normal to not talk about such issues. I asked if he spoke with his education provider to get some assistance with his studies considering his alleged circumstances during this time. He said he did not as he was too overwhelmed.
8. The applicant explained that he was able to regain focus and change education providers and return to his course of study and his plans for his future in Malaysia and would depart Australia in July 2027 after completing the Advanced Diploma of Business.
9. I spoke at hearing to the applicant about his plans and how these courses of study which have been ongoing over a nearly 10 year period may assist his future. I noted the change in study pattern from Business to Commercial Cookery and Hospitality Management and then back to the Advanced Diploma of Business. I also spoke with the applicant about the relevance of this course as it is noted on the education provider's website[2] that this course would equip someone to work as a business analyst and a business manager. The applicant stated that this was very relevant as he needed to be able to not only be the chef of the restaurant but manage the restaurant business and teach his staff the art of management.
10. The applicant does not have any assets in Malaysia nor does he have any assets in Australia.
11. He does not have any ongoing military commitments and that he has completed his military service. He said there are no political, civil, ethnic, or religious issues in Malaysia or a fear of return or concerns of returning to Malaysia which would function as a disincentive to return.
12. I summarised my concerns and raised with him that I may find he is using the Student Visa to maintain migration and or circumventing the intentions of the migration program and I may find he does not meet the genuine temporary entrant criterion.
13. The applicant reiterated his previous claims regarding the stressors he alleges occurred for him between 2021 and 2023 particularly, along with the Covid-19 pandemic and his plans when he returns to Malaysia.
14. His representative did not provide any submissions during the first hearing (I acknowledge there were some technical difficulties during and at the end of this first hearing which also tempered my decision to invite the applicant back for a further hearing to ensure all issues had been raised). The applicant's representative was not present during the second hearing and has not provided any submissions on the applicant's behalf.

Does the applicant intend genuinely to stay in Australia temporarily?

1. In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, 'Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications', made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
   • the applicant's circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant's future;
   • the applicant's immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
   • if the applicant is a minor, the intentions of a parent, legal guardian, or spouse of the applicant; and
   • any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
2. The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant's circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
3. As to the applicant's circumstances in his home country, no evidence has been presented that the applicant's economic circumstances would present as a significant incentive for the applicant not to return to Malaysia although I acknowledge the applicant is able to earn a higher wage in Australia in his industry than Malaysia. He has not listed any assets either in Malaysia or Australia.
4. Three is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely. Three is no evidence before the Tribunal of military commitments that would present as a significant motive for him not to return.
5. I accept the applicants evidence as to why he has chosen to study in Australia as a mature age student and to improve his English through English immersion in his chosen courses. However, during the course of the hearings when asked why he changed courses from business to commercial cookery the applicant said that the business course was getting too hard and his English was not good enough to keep up and he felt he could understand the cookery lecturer better as he was familiar with the terms. When asked how he had managed the previous 4 certificate courses in business all taught in English he said they were manageable but then it got too hard at the diploma level in business and he changed to commercial cookery. The applicant had previously undertaken a year long English course to which he said was basic English.
6. I do not accept the applicant has close family ties in Malaysia, as he has not been back to Malaysia since 2019 and that was for a 3 day period to obtain documents, although in Student Visa Information form provided to the Tribunal, he stated it was to 'visit family'. He has given inconsistent details of his father's age as discussed in paragraph 43. I could accept miscalculating a parents age by a year or two but a decade is significant. I do not accept the applicant has any close community ties in Malaysia as he has not lived there since 2016.
7. I accept the applicant has successfully completed Certificates I, II, III and IV in Business in a relatively consistent manner of study up until August 2021. I accept the applicant has attempted courses of study between 2021 and 2024 but not completed any. I accept since 2025 he has returned to study and completed a Certificate IV in Commercial Cookery.
8. I do not accept however his claims at hearing regarding the period between August 2021 and 2024 where he claims he could not study because of distress regarding his father's health (gout), his relationship breakdown, poor running of course by his education provider and the aftermath of the Covid-19 pandemic and a decline in his mental health as a result of these points. I do not accept the claim regarding his stress about his father's health as the applicant stated he did not think of returning to Malaysia when his father was unwell which was in 2023. I accept the applicant may have been in a relationship and this broke down resulting in the couple separating and this has caused him mental health distress, however he did not seek assistance or adjustment to his study from his course provider and the relationship broke down in 2023. I accept he may not have sought help from a medical practitioner or counsellor because of cultural mores. I accept there may have been issues during the Covid-19 pandemic with in-person classes being conducted and then a struggle for students to study alone online however classes resumed in Queensland by 2022.
9. I do not accept these claims about this period from 2021 to 2024 where the applicant did not study with any consistency as he has stated at hearing on my questioning that he worked throughout this period, even undertaking extra approved hours during the hospitality staff shortage during and after the Covid-19 period.
10. As discussed above in paragraphs 46 and 47 the applicant's choice of future study an Advanced Diploma of Business and his value to his future is inconsistent and somewhat illogical given his alleged passion for cooking. This course is primarily to focus on the business of high level businesses rather than the day to day running of a restaurant. The daily operations of a restaurant from a business management perspective are well covered in the Diploma of Kitchen management, and the 4 certificates the applicant has achieved in Business. When asked about these courses at hearing the applicant was inconsistent and vague in his responses stating he needed to be able to train staff in how to manage a business as well as know this for himself and that he wanted to be able to order the best ingredients and this course would assist with this. The Tribunal views as of concern that he is studying for any of the reasons he claims including the claimed value to his future.
11. I have considered the applicant's plans to open a restaurant in Malaysia at the conclusion of his study and while this is a feasible goal I have given it little weight as he has been studying now for nearly 10 years off and on and has now added further courses to his study plan that are not in line with this goal. I therefore do not accept the applicant's claims regarding his future as significant enough to determine his genuineness as a temporary student in Australia. This weight is given in light of the individual claims about his future goals but importantly cumulatively with his other claims regarding his study.
12. In making this finding the Tribunal accepts that completion of the courses will assist him to obtain employment or improve his employment prospects in the hospitality area; however, for the reasons above it does not accept he has enrolled in these courses for this reason or for any of the reasons he claims.
13. In making this finding the Tribunal has considered his knowledge of living in Australia but makes no adverse finding on this basis in considering whether he is a genuine temporary entrant.
14. The Tribunal is therefore of the view that the applicant has enrolled in the courses, including the current and future courses, not as a genuine student for any of the reasons he claims, nor for the claimed value to his future, but rather that he is using the student visa process to maintain residence. The Tribunal views this as strongly indicative of a person who does not intend genuinely to stay in Australia temporarily.
15. As to the applicant's immigration history, there is no evidence he has applied for a permanent visa and there is no evidence he has not complied with migration laws. While it acknowledges he applied for a Student visa before coming to Australia; it does not find that this indicates a disincentive to return, or that he is not a genuine temporary entrant.
16. In making its decision, the Tribunal has considered all the evidence before it, including that he is currently enrolled in courses; that he has completed the English courses and the Certificate courses in Business and Commercial Cookery outlined above; his family ties in Malaysia; and that he says he will return home after the completion of his current course. However, for the reasons outlined above, the Tribunal does not accept he is undertaking the current study for the reasons he claims and for the value to his future he claims but rather is using it as a pathway to maintain residence in Australia. The Tribunal is of the view that the student visa program is only being used to maintain ongoing residence. In assessing all the evidence, it does not accept he intends genuinely to stay in Australia temporarily and it follows it is not satisfied that he is a genuine applicant for entry and stay as a student.
17. On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).
18. Accordingly, the Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
19. Given the above findings, the Tribunal finds that 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. Accordingly, the decision under review must be affirmed.

1. The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Dates of hearing(s): 14 January 2026 and 2 February 2026

Representative for the Applicant: Mrs Yi Luo (MARN: 1802013)

DIRECTION NUMBER 108 - ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS

I, CLARE O'NEIL, Minister for Home Affairs and Minister for Cyber Security give this Direction under section 499 of the Migration Act 1958 (the Act).

Minister for Home Affairs and Minister for Cyber Security

Note: Section 499(1) of the Act empowers the Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.

This Direction is Direction No. 108 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.

Direction No. 69, given under section 499 of the Act, is revoked.

Act means the Migration Act 1958.

Finally determined has the same meaning as is set out in subsections 5(9) and (9A) of the Act.

Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.

Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.

Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.

Regulations mean the Migration Regulations 1994.

Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.

Spouse has the same meaning as the definition of the term in section 5F of the Act.

Student visa means a Subclass 500 (Student) visa

Student Guardian visa means a Subclass 590 (Student Guardian) visa.

This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant against the genuine temporary entrant criterion for Student visa applications and Student Guardian visa applications (as applicable).

This Direction also applies to members of the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; who review the decisions of primary decision-makers in relation to a Student visa or Student Guardian visa application.

This Direction applies in relation to Student visa applications and Student Guardian visa applications made before 23 March 2024 but not finally determined on that date, including such visa applications that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.

The genuine temporary entrant criterion must be satisfied by all applicants who make an application for a Student visa and seek to satisfy the primary or secondary criteria, or an application for a Student Guardian visa and seek to satisfy the primary criteria.

Note: Direction No. 106 applies in relation to Subclass 500 (Student) visa applications and Student Guardian visa applications made on or after 23 March 2024, including visa applications made on or after that date that are remitted from the Administrative Appeals Tribunal; or the Administrative Review Tribunal, upon its establishment; or a Court.

The Australian Government operates a student visa program that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa program must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.

An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.

The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

a) the applicant's circumstances; and

b) the applicant's immigration history; and

c) if the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant; and

d) any other relevant matter

This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a) to d), to determine whether the applicant genuinely intends to stay in Australia temporarily.

Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily.

Assessing the genuine temporary entrant criterion

1. Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant's circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
2. Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:

a) considering the applicant against all factors specified in this Direction; and > > b) considering any other relevant information provided by the applicant (or information otherwise available to the decision maker)

3. Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.
4. Circumstances where further scrutiny may be appropriate include but are not limited to:

a) information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny; > > b) the applicant or a relative of the applicant has an immigration history of reasonable concern; > > c) the applicant intends to study in a field unrelated to their previous studies or employment; and > > d) apparent inconsistencies in information provided by the applicant in their Student visa application or Student Guardian visa application.

5. An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant's circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.

1. Decision makers should have regard to the applicant's circumstances in their home country and the applicant's potential circumstances in Australia.
2. For primary applicants of Student visas, decision makers should have regard to the value of the course to the applicant's future.
3. Weight should be placed on an applicant's circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia.

The applicant's circumstances in their home country

1. When considering the applicant's circumstances in their home country, decision makers should have regard to the following factors:

a) whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant; > > b) the extent of the applicant's personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country; > > c) economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant's circumstances relative to the home country and to Australia; > > d) military service commitments that would present as a significant incentive for the applicant not to return to their home country; and > > e) political and civil unrest in the applicant's home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant's home country and the influence these may have on an applicant's motivations for applying for a Student visa or a Student Guardian visa.

2. Decision makers may have regard to the applicant's circumstances in their home country relative to the circumstances of others in that country.

The applicant's potential circumstances in Australia

1. In considering the applicant's potential circumstances in Australia, decision makers should have regard to the following factors:

a) The applicant's ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties; > > b) evidence that the student visa programme is being used to circumvent the intentions of the migration programme; > > c) whether the Student visa or Student Guardian visa is being used to maintain ongoing residence; > > d) whether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and > > e) the applicant's knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.

1. Decision makers should have regard to the following factors when considering the value of the course to the applicant's future:

a) whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and > > b) relevance of the course to the student's past or proposed future employment either in their home country or a third country; and > > c) remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.

1. An applicant's immigration history refers both to their visa and travel history.
2. When considering the applicant's immigration history, decision makers should have regard to the following factors:

a) Previous visa applications for Australia or other countries, including: > > 1. if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which the application(s) were refused; and > 2. if the applicant has previously applied for visa(s) to other countries, whether the applicant was refused a visa and the circumstances that led to visa refusal. > 3. b. Previous travels to Australia or other countries, including: > 4. if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control; > 5. whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances; > 6. the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and > 7. if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non-compliance.

If the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant

1. If the primary or secondary applicant for a Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.

1. Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant's intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.

[1] Delegate's Decision Record dated 27 May 2024, p 4.

[2] Advanced Diploma of Business - Shafston International College, accessed 4 February 2026.