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 is a citizen of Colombia who was born in 1986. She arrived in Australia in March 2020 on a student visa that had been granted in January 2020. She subsequently applied for a further visa in October 2020 which was also granted in November 2020. She submitted a third student visa application in November 2023 which is the subject of this decision.
2. In support of her application, the applicant provided a range of additional documentation to the Department:
   • A two-page written statement dated 27 November 2023, which outlined her reasons for further study in Australia and her commitment to return to Colombia (the 2023 GTE Statement).
   • A copy of an Overseas Student Health Cover (OSHC) Certificate of Insurance indicating the applicant had obtained health cover in Australia.
   • A copy of the biodata page from a Colombian Passport issued in February 2020 in her name.
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Certificate III in Individual Support which commenced in February 2024, and which was scheduled to end in January 2025.
3. The applicant's student visa application and her 2023 GTE Statement indicated that in Australia she intended to study a Certificate III in Individual Support, before returning to Colombia and contributing to the Columbian Ministry of Defence and Justice centres, by promoting social and sports activities for individuals with injuries and disabilities.

1. The applicant's student visa application was refused in May 2024. The applicant subsequently submitted her application for review to the Tribunal in June 2024.
2. In August 2025, the Tribunal wrote to the applicant and notified her that her 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 they are undertaking and their 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 signed by the applicant on 28 August 2025 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 Colombia. The Tribunal has considered the completed and signed Student Visa Information Form.
4. In support of her 2023 student visa application, the applicant also provided a range of additional documentation to the Tribunal:
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Diploma of Community Studies Course which commenced in September 2025, and which is scheduled to end in September 2027.
   • A copy of a Graduation certificate for the Certificate III in Individual Support that was issued in September 2024.
   • A copy of a Graduation certificate for the Certificate IV in Disability Support that was issued in September 2025, and a Record of Results for that course.
   • A letter dated 20 August 2025 from the Chief Executive Offer of 'La Casa Vivienda Privilegiada Para El Adulto Mayor' in Colombia which contained a conditional offer of employment for the applicant in an Administrative/Coordinator role.
5. The Tribunal has considered this material.
6. In addition to the material provided by the applicant, the Tribunal has obtained:
   • A copy of an Australian government movement record. This document contains information about the applicant's travel to Australia, her visa status in this country, and the conditions attached to her visa.
   • 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.
7. These records contained information consistent with the applicant's evidence about her study and travel to Australia, and the Tribunal places no adverse weight on these records.

1. The applicant has been studying in Australia since her first arrival in March 2020. The applicant's Student Visa Information Form indicates that in Australia she has completed the following courses:
   • A General English language course between March and September 2020.
   • A second General English course between November 2020 and March 2021.
   • A Certificate III in Fitness between April 2021 and January 2022.
   • A Certificate IV in Fitness between January 2022 and September 2022.
   • A Diploma of Sport and Recreation Management between September 2022 and October 2023.
   • A Certificate III in Individual Support between February 2024 and September 2024.
   • A Certificate IV in Disability Support between March 2024 and August 2025.
2. The same form indicates she is presently enrolled in the:
   • Diploma of Community Studies Course which commenced in September 2025, and which is scheduled to end in September 2027.
3. The Tribunal has reviewed the PRISMS record which contains similar information. In light of the Student Visa Information Form, the PRISMS record and the documents provided by the applicant, the Tribunal accepts that in Australia, the applicant has completed two General English courses, the Certificate III in Fitness, the Certificate IV in Fitness, the Diploma of Sport and Recreation Management, the Certificate III in Individual Support and the Certificate IV in Disability Support.
4. The Tribunal also accepts that the applicant is currently enrolled in the Diploma of Community Studies which is scheduled to end in September 2027.
5. 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 Certificate III in Individual Support. However, the applicant completed that course in September 2024. She has subsequently enrolled and competed a Certificate IV in Ageing Support and has now enrolled in the Diploma of Community Services which she will not be completed until late 2027. These courses go beyond the course of study envisioned in her 2023 student visa application and her 2023 GTE Statement. However, both courses are in the same field of study.

1. The Tribunal conducted a hearing with the applicant on 16 December 2025. During the hearing Tribunal asked the applicant various questions about her student Visa application and 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 Colombian citizen who was born in Colombia. In Colombia, the applicant has the political and social rights associated with citizenship. She speaks Spanish and has cultural links to Colombian society. The applicant completed her education in Colombia and lived there throughout her childhood. In Colombia she studied up to year the university level, completing a Bachelor of Medical Laboratory Science between 2003 and 2009 at the University Colegio Mayor de Cundinamarca in Bogota. The completed Student Visa Information Form indicates that she as strong community ties to Colombia through her active involvement in local organisations and, her participation in local sports. She asserts that her strong community ties to Colombia reflect her ongoing commitment to her community in that country. The Tribunal accepts the applicant has political, social, cultural and community ties to Colombia.
2. The Student Visa Information Form indicates that she has strong family ties to Colombia where her father owns and operates a small business. The form indicates she maintains regular weekly contact with both of her parents and that she supports her parents' health and wellbeing via online exercises which reinforces their bond. The completed form indicates she returned to Colombia for 66 days in 2022 to provide emotional support and care to her parents. During her hearing the applicant indicated that in Colombia, her family were getting older, and that she intended to return to provide care for them. The Tribunal accepts that the applicant has family ties to Colombia and maintains regular contact with her family in that country. However, the Tribunal does not consider that these ties, on their own, represent a significant incentive to return to Colombia.
3. 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. The Student Visa Information Form asked the applicant to provide details of any property of significant assets. According to the applicant's completed form, she owns a share of the family home in Bogota that is worth $55,000 AUD. At her hearing she confirmed that she owns half of the house and that she intends to live there upon return to her home country. The Tribunal accepts the applicant has economic ties to Colombia, including a house.
4. 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.
5. According to the applicant's Student Visa Information Form, she considered studying disability and aged care support in Colombia, but her research demonstrated that such programs in her home country, have a theoretical emphasis and have little practical application or industry exposure. The form also asserts that though there are similar courses available for her current subject of study (Diploma of Community Studies), they are not offered with the same academic quality, practical components, or international recognition as those in Australia. She further asserts that there was little availability of Colombian based courses and that those which are available do not address the physical, health, and fitness needs of persons in the aged care and disability sector. The applicant's form indicates that by studying in Australia she gains access to courses designed under the NDIS framework and which provide hands on experience, advanced methodologies, and direct links to the sector which is unavailable in her come country. Though the applicant's Student Visa Information Form indicates she has completed research into study options in her home country, she has not provided any evidence to substantiate her claims. At her hearing, she was asked about these issues and the applicant indicated she was attracted by Australia's high quality education system and that she wanted to study aged care programmes in Australia, with a view to returning to her home country to implement such programmes in facilities there. The Tribunal has considered the applicant's explanation.

1. In her completed Student Visa Information Form and during her hearing, the applicant indicated that She did not have any concerns about returning to Colombia. 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 because military service in Colombia is mandatory for male citizens only. She stated clearly and unequivocally that she was intending to return to Colombia at the completion of her study in Australia.

1. Direction 108 requires the decision makers to consider the value of the applicant's course of study in Australia to her future.
2. As noted above, this applicant completed a Bachelor of Medical Laboratory Science in 2009 in a University in Bogota. Except for her English language courses, the study she has completed in Australia has been at the vocational level, below the level of her prior at the university level education in Colombia. Her study in Australia, has also been in an entirely different field to her prior study in Colombia.
3. Direction 108 indicates that decision makers should allow for reasonable changes to career or study pathways. The Tribunal notes that the applicant's Student Visa Information Form indicates that after completing her degree in Colombia, she decided not to pursue a career in the science field, and instead, decided to follow her lifelong interest and work the physical training and education sector. Her form indicates that before she came to Australia, she worked in a gym as an instructor and for two companies as an outdoor sports and tour guide between 2010 and 2020. While the applicant's study in the fitness field is not related to her prior university study, it is related to her former employment in Colombia. The applicant has explained that her fitness study is linked to her aged care study. She says she intends to return to Colombia and work in physical activity programs for the aged and disabled in her home country. The applicant has provided a letter of offer from an employer in Colombia. This letter indicates that applicant has been offered a coordinator & administrator role at an aged care facility in Colombia. The Tribunal considers that her current study (Diploma of Community Studies) is directly related to that role.
4. However, the Tribunal has some concerns about the applicant's course of study. The Tribunal notes that the focus of the applicant's study in Australia has shifted. As noted earlier, according to the student visa application and her 20223 GTE Statement, desired to return to Colombia in order to work for the Government Ministry of Defence and Justice centres in order to promote social and sports activities for individuals with injuries, while her current study and employment offer relate to the aged care sector. Nevertheless, direction 108 indicates that decision makers should allow for reasonable changes to career or study pathways. The Tribunal accepts that the applicant's study in Australia all relates to her stated career goals and her offer of employment.
5. The Student Visa Information Form asked the applicant to provide details of her estimated renumeration in Colombia. In her response, the applicant merely states that she intends to receive renumeration appropriate to her new qualifications and outlines the responsibilities of her new role. At her hearing, when questioned about this issue, the applicate gave a vague estimate that she would earn at least 50% more than she did in Australia, without offering any justification for this estimate. On the whole, the Tribunal found the applicant's written and oral explanations relating to this issue to be superficial.

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 student visa application indicates that in 2018, she applied for a visa to travel to the United States and that her visa was refused. According to the applicant, her application was refused because she did not submit enough documentation to the Consulate where she applied. There is no evidence before the Tribunal that the applicant was refused a visa to the United States because she failed to comply with any with the migration laws of that country. At her hearing, she indicated that she had submitted another visa application for the United States which was granted, and which is still current, and which does not expire until 2030.
3. The applicant has disclosed prior travel a number of other countries in her Student Visa Information Form and her student visa application. These include Chile (2014) Ecuador (2011, 2013 & 2016), Paraguay (2017), Spain (2013 & 2017), Peru (2018) and New Zealand (2023). The Student Visa Information Form indicates that her travel travelled to Ecuador, Paraguay, Chile, Spain and Peru was to participate in Sports events. At hearing, she indicated her travel to New Zealand was 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 first arrived in Australia in March 2020 on her initial student visa. Since that time, she has resided in Australia except for two months in 2022, when she returned to Colombia, and 10 days in 2023, when she travelled to New Zealand. After her return from New Zealand in November 2023, she submitted her current student visa application. The applicant's student visa application indicates 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 him to remain in this country while her application was assessed. She remains on a 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.
2. The applicant lives in rental accommodation in Australia with a flatmate. There are no members of her immediate or extended family in Australia, except for a second cousin, who she only sees occasionally. During her hearing, the applicant was able to speak clearly and articulately about her past and current study in Australia, her reasons and motivation, and how her study related to her future plans. The applicant was able to discuss her current previous and upcoming units of study, and her reasons for selecting her educational institution. The Tribunal has considered the applicant's ties with Australia and whether they would present as a strong incentive to remain in Australia. The applicant's Student Visa Information Form indicates she only has minimal ties in this country, and that her focus has been on her studies.
3. Direction 108 indicates that decision makers should consider whether the applicant has entered into a relationship of concern for a successful Student visa outcome. No such relationship has been disclosed by the applicant in her student visa application or the Student Visa Information Form or in any of the other material she has provided to the Department or the Tribunal. At hearing this issue was discussed with the applicant and she indicated she was single. The Tribunal is satisfied the applicant has not entered into a relationship of concern for a successful Student visa outcome
4. Direction 108 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. This applicant came to Australia at the age 34 to learn English. Then she applied for a further student visa application studying in the fitness and mobility sector. She has now submitted a further student visa application and is studying in the aged and disability care sector. On their face, these seem like a shift in focus for the applicant's study in over the time of her study in this country and these factors are somewhat concerning. However, the applicant has provided clear explanations for her plans and has provided a coherent narrative and justification of her study pattern and its relevance to her future employment prospects in Colombia. She has provided evidence of a job offer directly related to her study in Australia. In the Tribunal's view, there is no evidence that this 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. Having weighed up these matters carefully, 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. 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)).
2. The Tribunal has not identified any other relevant matters. Accordingly, the Tribunal is satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
3. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

1. The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
   • cl 500.212 of Schedule 2 to the Regulations.

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

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

Minister for Home Affairs and Minister for Cyber Security

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

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

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

Act means the Migration Act 1958.

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

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

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

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

Regulations mean the Migration Regulations 1994.

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

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

Student visa means a Subclass 500 (Student) visa

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

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

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

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

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

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

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

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

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

a) the applicant's circumstances; and

b) the applicant's immigration history; and

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

d) any other relevant matter

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

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

Assessing the genuine temporary entrant criterion

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

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

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

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

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

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

The applicant's circumstances in their home country

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

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

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

The applicant's potential circumstances in Australia

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

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

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

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

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

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

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

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

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