1. The applicant has provided certificate of completion and record of results for the completed courses. He has also provided confirmation of enrolment ('CoE') for the Certificate IV in Kitchen Management and the Diploma of Hospitality Management.
2. In relation to the two cancelled courses, the applicant gave evidence at the hearing that the reason his enrolment in Advanced Diploma of Leadership and Management was cancelled was because he changed his mind and decided to study hospitality courses instead after completing the Diploma of Leadership and Management.
3. As for why the Certificate III in Commercial Cookery with course dates of 09/12/2024 - 08/12/2025 was cancelled on 19 June 2025, 6 months after the course started, the applicant explained it was deferred because he returned to Pakistan to see his father, who was sick and was in hospital. The Tribunal notes this is consistent with his travel history outlined in paragraph 8, where he was absent from Australia between 1 June 2025 and 1 July 2025.
4. In his Genuine Temporary Entrant statement ('GTE statement') to the Department, the applicant claimed he originally came to Australia as a visitor to experience live sporting events, and that the highlight of his trip was attending the T20 World Cup. During his stay in Australia, he learned about Australia's world-class education system, globally recognised qualifications, and the multicultural, inclusive studying environment from conversations with locals and fellow travellers, which prompted him to start contemplating studying in Australia to gain additional qualifications that would enhance his career prospects.
5. The applicant claimed that he decided to enrol in Diploma of Leadership and Management and Advanced Diploma of Leadership and Management because they would complement his existing qualifications in Diploma of Computerised Accounting and Bachelor of Commerce. He believed that the combination of leadership and management skills and strong foundation in financial analysis, reporting and data-driving decision making would enable him to excel in leadership roles in Pakistan's burgeoning economy. Moreover, studying in Australia would give him a global perspective and provide him with a competitive edge in securing positions such as financial analyst or operations manager in multinational companies that operate in Pakistan.
6. At the hearing, however, the applicant told the Tribunal that he has a passion for cooking, which he claimed he developed four or five years ago when he lived in a student hostel where he had to cook for himself. Although he enjoys cuisines from different countries, his favourite is food from the subcontinent, in particular Pakistani and Indian cuisines, and he aspires to open a restaurant in Pakistan serving Pakistani and Indian food, although some mixed cuisines will also be offered.
7. The Tribunal asked the applicant why he is not learning to cook in Pakistan, where he would be more likely to learn how to create authentic Pakistani and other subcontinental dishes than in Australia, if he has particular interest in Pakistani and subcontinental cuisines and wants to open a restaurant offering Pakistani and subcontinental food. In response, the applicant claimed that although there are hospitality courses in Pakistan, they are short courses and do not offer the same comprehensive, hands on and practical training as the hospitality courses in Australia.
8. The applicant claimed he decided he wants to open a restaurant in Pakistan after arriving in Australia and being inspired by the diverse and vibrant restaurants he saw here. He plans to return to Pakistan after completing the Certificate IV in Kitchen Management and the Diploma of Hospitality Management, and with his parents' support, open a restaurant in Lahore.
9. However, when pressed by the Tribunal for more details about how he plans to realise his dream of opening a restaurant after completing his courses in Australia, the applicant visibly struggled to respond. After asking for a 5-minute hearing adjournment so that he could confer with his representative, he told the Tribunal that he will start his restaurant with 50 lakh Pakistani rupees. He will ask his friends to help him find an appropriate property for rent, he will employ approximately 10-15 staff, and he will do marketing. His restaurant will offer both fine-dining and food delivery service. The courses he is studying now will help him run the restaurant because he has learned about food safety and hygiene and how to use different kitchen equipment etc. He will apply his knowledge and skills to manage the restaurant, and he envisages that he will work mainly in the kitchen rather than front of the house in the dining area.
10. The Tribunal asked the applicant why he has deviated from the career goal he claimed in his GTE statement to the Department of seeking leadership roles in multinational companies operating in Pakistan. The applicant responded that he has changed his mind. Instead of working for someone else, he wants to be his own boss and run his own business, because it would allow him to generate income according to the effort and the investment he puts into the business rather than working for a fixed salary. The applicant claimed he anticipates having a turnover in the first year of 15-20 lakhs Pakistani rupees, but he was unable to give a convincing answer when asked about the basis on which he came up with that figure, beyond saying that with an initial investment of 50 lakhs, he will manage the restaurant and pay staff salary etc.
11. The applicant told the Tribunal he has not worked since coming to Australia and that he has been supported financially to date by his family, although he is aware that he would be allowed to work on a limited basis of 24 hours per week / 48 hours per fortnight if granted a student visa. The applicant confirmed he will comply with whatever conditions that may be imposed on the student visa.
12. The applicant's representative made closing submissions in support of the applicant. The representative stated that the applicant's successful completion of the Diploma of Leadership and Management and the Certificate III in Commercial Cookery demonstrates he is a genuine student. The representative submitted that the delegate's concerns have been addressed by the evidence the applicant provided which shows he has clear and logical post-study plans to return and establish himself in Pakistan's hospitality sector.

1. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant is a genuine applicant for entry and stay as a student, as required by cl 500.212 of Schedule 2 to the Regulations.

Genuine applicant for entry and stay as a student (cl 500.212)

The applicant is a genuine applicant for entry and stay as a student because:

(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:

(i) the applicant's circumstances; and

(ii) the applicant's immigration history; and

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

(iv) any other relevant matter; and

(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:

(i) the applicant's record of compliance with any condition of a visa previously held by the applicant (if any); and

(ii) the applicant's stated intention to comply with any conditions to which the visa may be subject; and

(c) of any other relevant matter.

Does the applicant intend genuinely to stay in Australia temporarily?

1. In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, 'Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications', made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
   • the applicant's circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant's future;
   • the applicant's immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
   • if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
   • any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
2. The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant's circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
3. The Tribunal acknowledges the applicant's strong personal ties in Pakistan, where all members of his immediate family reside, compared to Australia where he does not have any family or relatives. However, the Tribunal gives this factor only limited favourable weight in assessing whether the applicant intends genuinely to remain in Australia temporarily, because while the presence of family is relevant, it is not determinative of the applicant's incentive to return to Pakistan.
4. The Tribunal notes and gives some weight in favour of the applicant's completion of the Diploma of Leadership and Management and the Certificate III in Commercial Cookery, as this demonstrates commitment to his study. The Tribunal also places some favourable weight on the applicant's compliance with his visa condition which does not permit him to work.
5. The Tribunal has considered the evidence available before it in relation to the applicant's stated reasons for choosing the courses he did and the courses' claimed benefit to his career aspiration. The Tribunal has serious concerns.
6. First, the Tribunal does not find the reason the applicant gave for deviating from his original stated career goal of working in leadership roles at multinational companies in Pakistan to his revised career goal of opening his own restaurant convincing. Whilst he might be working for a pre-determined salary if he were to be employed by a multinational company, this does not mean that he would be unable to receive remuneration commensurate with his effort; for example, he could be paid bonuses for exceptional performance or receive a promotion. On the other hand, although he can create and pursue his own vision by running his own restaurant business, it does not guarantee that he could generate revenue that is proportionate to his effort and investment, not to mention the disadvantage that he would wear the risk of failure entirely on his own.
7. Second, the applicant's visible struggle to provide any coherent and specific details about how he plans to turn his restaurant aspiration into reality suggests that he has not in fact given the purported goal much thought, despite his claim to wanting to open a restaurant so that he can pursue his passion for cooking and apply the skills he is learning in Australia. Even after he was given an adjournment and consulted his representative, the applicant's evidence with respect to his plans for achieving his goal remained vague, generalised and unpersuasive.
8. Third, if indeed the applicant developed a passion for cooking four to five years ago when he lived in a student hostel and had to cook for himself (which the Tribunal does not accept is true because the last time he was a student before coming to Australia was in 2015), and the passion has been further stoked by the diverse and vibrant restaurants he saw after arriving in Australia, then it begs the question why he did not enrol in hospitality courses in the first place. Moreover, despite his claimed passion for cooking, the Tribunal observed that the applicant did not appear to speak with any enthusiasm when discussing his favourite food and cuisines or his restaurant aspiration.
9. The aforementioned issues raise serious concerns that the applicant does not genuinely intend to stay in Australia temporarily, and that he is using the application for a student visa as a means to extend and maintain his residence in Australia, notwithstanding his apparent commitment to his study by completing the Diploma of Leadership and Management and the Certificate III in Commercial Cookery. The Tribunal considers the concerns to be sufficiently serious that they outweigh the factors in favour of the applicant. Based on this, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily, as required by cl 500.212(a).
10. As the Tribunal has found that the applicant does not satisfy cl 500.212(a), it follows that the applicant does not satisfy the requirement of cl 500.212 to be a genuine applicant for entry and stay as a student. Therefore, it is not necessary for the Tribunal to also consider and assess the applicant against cl 500.212(b) and (c).
11. 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.

Representative for the Applicant: Mr Harshdeep Singh (MARN: 1577093)

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.