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 Tribunal has taken into consideration evidence adduced to the Department and Tribunal and the applicant's oral evidence at hearing. The Tribunal has also considered the applicant's record in the Provider Registration and International Student Management System (PRISMS) and travel movement records.

1. The applicant is a 32-year-old national of Lebanon. The applicant first arrived in Australia on 14 January 2018 on a Student (Subclass 500) visa. The purpose of his travel was to study a Master of Engineering Science at the University of New South Wales (NSW), Sydney.

1. The applicant completed a Master of Engineering Science between 29 May 2023 and 15 January 2024 at the University of NSW. He is currently studying an Advanced Diploma of Civil Construction Design which he commenced on 29 April 2024 and is due to complete on 27 April 2026 at the Australian Institute of Professionals (AIP).
2. PRISMS is a business record of the Department of Education, Skills and Employment and is used by the Department of Home Affairs as evidence of enrolment for the purposes of assessing the grant of student visas. The applicant's record accessed by the Tribunal on 24 November 2025 confirms the same.
3. At hearing, the Tribunal discussed with the applicant various confirmation of enrolments (COEs) in relation to his Master of Engineering Science between February 2018 and February 2023 which were cancelled for various reasons including for compassionate and compelling circumstances, student notifies of cessation of studies and non-commencement of studies. The applicant gave evidence that some of the period coincided with the COVID-19 pandemic which interrupted his studies. In addition, during that time he had suffered from a medical condition and applied for and was granted leave from his educational provider. Medical evidence submitted to the Tribunal confirms the same. The Tribunal accepts the applicant's evidence and makes no adverse finding.
4. The applicant explained how he researched various courses in Lebanon, but that they did not compare to the engineering and construction courses offered in Australia. He stated that obtaining a qualification from a Western, English-speaking country would significantly improve his employment prospects, as Australian universities are regarded as highly reputable and are highly ranked. He also noted that Australian courses are more practical in nature; while not necessarily more difficult, they focus on teaching essential, industry-relevant skills. He also chose to study in Australia to ensure his studies were not interrupted due to it being a stable country. In contrast, Lebanon has faced instability in recent years due to heightened tensions and incursions involving Isreal, as well as an influx of refugees from Syria.
5. The applicant initially resided in Sydney with his aunt and uncle; however, this arrangement did not last long, and he subsequently moved into a share house. He has no other family in Australia.
6. In 2024, he relocated to Melbourne where he has resided in a share house. The applicant is financially supported by his father who pays for his tuition fees and some living expenses. The applicant also financially supports himself by working casually as an Uber driver and earns approximately AUD30,000 per annum. The applicant confirmed he is not in an intimate relationship with anyone in Australia and has no dependent children.
7. At hearing, the Tribunal indicated that according to employment statistics, civil engineers in Australia could earn approximately AUD2,264 per week equating to AUD117,728 per annum and that this raised concerns that he may have better economic prospects in Australia and that he may not have a genuine intention of remaining temporarily for the purposes of study.[1] The applicant replied that the salary would not incentivise him to remain as the earnings would be quickly offset by the 'crazy high' cost of living in Australia. Whereas the cost of living in Lebanon is much lower and he could return to reside with his parents rent-free thereby saving his income. During the hearing the applicant also referred to the possibility of obtaining employment in neighbouring gulf countries which the Tribunal is aware offer lucrative tax-free remuneration, whereby individuals are not subject to personal income tax.

The applicant's circumstances in his home country

1. The applicant is unmarried. The applicant's family in Lebanon comprises of his parents and four brothers. He maintains daily communication with his family. Since his arrival in Australia, he has returned to Lebanon four times for family visits including between 12 September 2018 and 2 January 2019, 16 April 2019 and 27 May 2019, 28 July 2019 and 3 September 2019 and 4 April 2022 and 24 May 2022. Travel movement records obtained by the Tribunal confirm the same.
2. The applicant does not own property or have any significant assets in Lebanon. However, he stated upon the completion of his studies, he will return to reside with his parents rent-free and save his earnings in Lebanon.
3. The applicant's evidence is that in 2016 he completed a Bachelor Degree in Civil and Environmental Engineering at Beirut University. After finishing his studies, he operated his own construction business for approximately 10 months.
4. It is the applicant's evidence that military obligations in Lebanon are not compulsory. He told the Tribunal that he has no fear of returning to Lebanon and that the situation in the Middle East had improved. In support he relied on his multiple return visits to Lebanon. The Tribunal is not aware of any political and/or civil unrest in Lebanon that would be a relevant consideration for this applicant.

The value of the applicant's courses for his future

1. Whilst the applicant's current study is at a lower level than the Bachelor degree he already holds in Lebanon, the Tribunal is satisfied with the applicant's explanation for this. The applicant gave evidence that his Bachelor degree was predominantly theory based, whereas his current course includes practical components such as dealing with local and federal statutory requirements, applying for council permits and liaising with councils, using Computer Aided Design (CAD) software and practical aspects of construction. He also told the Tribunal that a single degree these days was 'almost never enough' and that a qualification from a Western country is highly regarded and would significantly assist his future career. The Tribunal accepts that these practical elements were not available in his previous studies and are necessary for his intended career development. The Tribunal finds that the applicant's reasons for studying in Australia are nuanced and persuasive.
2. In terms of his career plans, he expects to secure employment in Lebanon or a neighbouring Gulf country, such as the United Arab Emirates or Saudi Arabia, as a civil engineer in the engineering sector. When asked to elaborate, he told the Tribunal that this would involve work in civil infrastructure projects such as tunnels, bridges, underground storm water systems and other major infrastructure developments.
3. The Tribunal accepts that the applicant's studies align and complement his past employment and education history in Lebanon. The evidence before the Tribunal indicates that the applicant has been attending and learning from his course and that it is relevant to his career plans. The Tribunal finds his reasons for studying in Australia are sound and the Tribunal is satisfied that his current course of study is of value to the applicant's stated career objectives.

1. Whilst the Tribunal initially had some concerns about the applicant's migration history, noting he has been granted four previous student visas and had various COEs cancelled, the Tribunal is satisfied that the applicant has made satisfactory academic progress, and accepts the reasons for him not studying during this period. The Tribunal's concerns are also allayed due to the applicant's multiple return visits to Lebanon.
2. There is no evidence before the Tribunal that the applicant has had a previous visa for Australia, or any other country, refused or cancelled, other than the visa which is the subject of this review.

1. The Tribunal is satisfied that the applicant has been engaged in his studies and made academic progress. The Tribunal is satisfied that the applicant's courses are of real value to his future in Lebanon and that he has comprehensively researched various options before deciding that the courses in Australia were most suitable for him. The Tribunal considers his career plans to be coherent and practical.
2. As to the applicant's immigration history, there is no evidence that he has applied for a permanent visa and there is no evidence that he has not complied with migration laws.
3. In relation to the applicant's circumstances in his home country, no evidence has been presented that his economic or social circumstances would present as a significant incentive for the applicant not to return to Lebanon. The Tribunal is satisfied that his ties to Lebanon provide an incentive for him to return.
4. Having cumulatively assessed all of the available evidence, as well as all of the relevant factors listed in the Direction, the Tribunal is satisfied that the applicant is a genuine temporary entrant and a genuine student.
5. On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).

Does the applicant intend to comply with visa conditions?

1. For the applicant to meet cl 500.212(b), the Tribunal must be satisfied that the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant's record of compliance with any condition of any visa they previously held, and the applicant's stated intention to comply with any conditions to which the visa may be subject.
2. A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents' education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
3. Based on the evidence before the Tribunal, the Tribunal accepts that the applicant intends to continue to comply in the future with any conditions to which his visa may be subject. There is no evidence that she has breached any visa conditions to date.
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. There is no evidence of any other matters of relevance before the Tribunal.

1. 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.
2. 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.

Representative for the Applicant: Mr Houssam Hayba (MARN: 0001536)

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] www.jobsandskills.gov.au/data/occupation-and-industry-profiles/occupations/2332-civil-engineering-professionals