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.

1. In addition to the applicant's oral evidence at hearing, I have taken into account his genuine temporary entrant statement, as well as the supplementary information he provided to the Tribunal by way of his completed Tribunal student visa information form additional supporting documentation.
2. At hearing, I noted that the Department's movement records show that a further Bridging Visa A was issued to the applicant on 23 April 2025. The applicant confirmed that he had applied for work rights which was subsequently granted.
3. The applicant is currently working in Australia as a dialysis nurse. He commenced employment on 30 June 2025 and earns AUD $78,200 per annum.
4. He explained that when he first entered Australia on a visitor visa, he was here to complete his Objective Structured Clinical Examination (OSCE) and obtain registration as a nurse in Australia. This is corroborated by his original genuine temporary entrant statement. He passed his OSCE on 16 August 2024 and gained AHPRA registration as a nurse on 18 November 2024. He then went on to apply for a skills assessment through ANMAC and obtained a positive outcome in around May 2024.
5. Asked what the applicant planned to do with his OSCE outcome and Australian nursing registration, he stated that he was planning to work in Australia as a registered nurse. Asked what he was planning to use his positive ANMAC skills assessment for, he stated that he was going to use it to apply for permanent residency through the Skilled-Independent or Skilled-Nominated visa programs. He has since submitted an Expression of Interest for these programs and is awaiting an invitation.
6. Asked when and why the applicant decided to study a Certificate IV in Ageing Support and a Diploma of Community Services given that they are lower-level qualifications than his nursing degree from the Philippines, the applicant stated that one of his co-workers who is an aged care nurse in Australia told him that it is hard to apply for such roles in Australia. Competition is high. His co-worker recommended that he enrol in these courses of studies to increase his changes of being accepted into an aged care facility.
7. Asked whether the applicant intends to return to the Philippines, he stated that, thus far, he had not intentions of returning to the Philippines.
8. Asked what value the courses would bring to his future and what his specific career plans were when he finished his two courses, he stated that the courses would help him to improve himself. In the Philippines, he had only hospital experience and no community experience. In Australia, aged care is very popular. His specific career plans are to work in Australia as a full-time aged care nurse and do part-time or casual work as a dialysis nurse.
9. I discussed with the applicant that according to the Provider Registration and International Student Management System (PRISMS) records run by the Tribunal in October, he had no current course of enrolment. The Tribunal then issued a s 359A letter to the applicant to comment on the lack of enrolment. I acknowledged receipt of his representative's response along with new Confirmation of Enrolment documents. I confirmed that the Tribunal has since re-run the PRISMS record and can see two current enrolments. I noted that the old and new PRISMS record shows 11 cancelled enrolments and asked the applicant to provide reasons for these cancellations. The applicant responded by saying that he cancelled his courses once but the second time he did not cancel it. He explained that as his student visa was still in process and he did not know what would happen, he decided to save his money. He was concerned that if he started his course and his student visa review application was refused, he would waste time and money and not be able to complete the courses. The original course was due to start on 23 January 2024, but he decided to cancel the course on 16 January 2024. The second cancellation was unexpected. He had enrolled again for 6 August 2025 after he received an email from the Tribunal which asked him for evidence of enrolment. He had paid the deposit for his course and signed an agreement. It was when the Tribunal sent an email to advise that it could not see any current enrolments that the applicant realised that he was due to commence the course on 29 September 2025 but had not received a reminder from his course provider. While he acknowledged that it was his responsibility to check his course start date, he explained that he had been very busy due to his work and due to having to find a new car. He had expected his course provider to remind him but that never happened. Later, he found out that they did not include him on their student list. They apologised for the error and rescheduled his course to commence on 19 January 2026. The applicant never expected these things to happen and had only ever wanted to study.
10. I explained to the applicant that as part of the review process, I need to consider his circumstances in Australia as well as his circumstances in the Philippines. I need to determine whether his circumstances in the Philippines serve as an incentive for him to return to the Philippines after completion of his studies. I discussed with the applicant that he is currently working in Australia earning AUD $78,200 per annum. He holds Australian nursing registration which allows him to work in Australia and has a positive skills assessment outcome which he said he obtained for his proposed Australian permanent residency application. Keeping these factors in mind, I asked the applicant to tell me about his ties and circumstances in the Philippines and why he thinks these ties would serve as a greater incentive to return to the Philippines upon completion of his courses.
11. In response, the applicant stated that his sister is a registered nurse in the Philippines. She works as a clinical instructor and is also undertaking a Masters degree. His brother is a civil engineer in the Philippines and is also working. His mother works as a clothing repair and alterations person. His father works as a security guard. As his family are all working, he has no financial obligations in the Philippines. He is single. He has a housing loan in the Philippines and the property is being rented out. He stated that if his student visa is finished, he will go back to the Philippines. If his permanent residency gets approved under the subclass 189 or 190 programs, he will remain in Australia. He intended to finish his courses as it would help his nursing career. Just a few months ago, he tried to apply for aged care work but his applications to every aged care facility were rejected. They wanted him to have more experience in Australia.
12. I noted that the applicant's evidence all points to how these courses bring value to a future and/or to a career in Australia and that it might indicate that the applicant is not returning to the Philippines upon completion of his studies. The applicant stated again that if his subclass 189 or 190 visa is approved, he will remain in Australia. If his student visa is finished or his permanent residency application is not approved, he will definitely leave Australia.

1. I reminded the applicant that I had raised concerns about the evidence he provided at hearing. However, I wanted to give him a further opportunity to comment about these concerns.
2. I discussed with the applicant that he had provided me, through his documentary evidence, with market salary research on his potential earnings in the Philippines in the aged care of social work sector. His written evidence stated that upon return to the Philippines after having completed his studies, he would earn a salary equivalent to AUD $4,000 to $4,800 per month (or AUD $48,000 to $57,600 per annum). Although this projected salary is much higher than his original salary in the Philippines, I noted that the applicant's current employment as a nurse in Australia attracts an annual salary of AUD $78,200, and that even entry level nurses according to the Nurses Award attracts a salary of AUD $63,180 and the Australian Nursing and Midwifery Federation states in their 2024 enterprise agreement that a first year registered nurse would earn AUD $70,813 per annum. As Australian nursing salaries seem substantially higher than those in the Philippines, this might lead me to conclude that there is more of an incentive for the applicant to remain in Australia after his studies. Additionally, the applicant having obtained his Australian nursing registration and skills assessment outcome, as well as having expressed an intention to apply for permanent residency in Australia, may lead me to conclude that the applicant is not a genuine applicant for entry and stay as a student as required by cl 500.212. When I invited the applicant to comment, he stated that he really wants to undertake the Ageing Support and Community Services courses.
3. At this point of the hearing, I re-explained the factors I need to consider from cl 500.212 and Direction 108 (which I had outlined at the commencement of hearing). I asked the applicant to have a further think about the concerns I had raised while I provide his representative with an opportunity to provide oral submissions.
4. The applicant's representative provided the following submissions:
   1. The applicant initially applied for a visitor visa to Australia to complete his OSCE. However, he had genuine intentions to study in Australia and apply for work in the aged care sector;
   2. Even if the applicant is not invited to apply for permanent residency in Australia in the future, he still has a strong intention to study and pursue studies in aged care and community services before he leaves for his home country;
   3. He is financially stable, has investment property income. He has strong financial backing to support himself and be ready for a better career.
5. I asked the applicant's representative whether there were any further comments to be made in relation to the applicant's earlier oral evidence that he does not intend to return to the Philippines and that his career goals are centred around being in Australia. The applicant's representative stated that based on his original genuine temporary entry statement, the applicant had said he wanted to upskill himself in an area that was in high demand. He wants to be accomplished in this field.
6. I provided the applicant with an opportunity to make further comments. I also asked him to address how his courses may bring value to his career in the Philippines or other countries outside of Australia. The applicant stated that he wants to do aged care as it would help his career in the Philippines and other countries like the United States of America. In the Philippines, he previously only had experience in hospitals. He now also wants to study community services to help him secure a better future.
7. I prompted the applicant to explain how the courses would specifically help him in the Philippines and how they would relate to any career plans. He stated that he would want to work in a rural health service and in the aged care sector. Most of the people that come to this rural health service are elderly people as they have more health issues than middle-aged people.
8. I noted that the applicant submitted a student visa information form to the Tribunal on 8 August 2025 and asked him whether he had completed this document himself. He confirmed that he did. I read out the following extract to him which was part of his response to the question about his employment plans:

If I will be able to finish my studies, I plan to return home and work in residential care facilities, community service organisations, or even launch my own care initiative. I am particularly interested in supporting elderly locals and foreign retirees who choose to settle in the Philippines under programs like the Special Resident Retiree's Visa.

1. I asked the applicant why he did mention these plans when I initially asked him about how his courses would bring value to his future. I stated that his initial evidence was centred around his work and career in Australia. The applicant's response was that he did not remember to mention this and that the form was completed a long time ago. He confirmed that what he wrote was really his first intention.

1. In determining the issues before me, I have taken into account guidance from case law which stipulates that cl 500.212(a) is:
   1. only concerned with how long a visa applicant intends to stay in Australia; and
   2. where, at time of decision, an applicant has a settled intention to later seek a visa that will lead other than to temporary residence, it is unlikely that there is an intention to stay temporarily.[1]
2. For reasons set out below, I am not satisfied that the applicant genuinely intends to stay in Australia temporarily, nor that he intends to return to the Philippines upon completion of his studies.
3. In relation to the applicant's cancelled enrolments, I accept his explanation that he was concerned about starting the course and investing money into the course prior to his student visa being granted. I also accept that the last cancellation was a result of the applicant not checking his course commencement date due to being preoccupied with work and buying a car and because his course provider had not added him to their student list. I have drawn any adverse conclusions due to the non-commencement of his studies.
4. I acknowledge the applicant's knowledge of his proposed courses. In his written evidence, he was able to describe specific study units for both courses. While the courses are at a lower level than his original Bachelor qualification from the Philippines, I accept the applicant's wish to remain in the healthcare industry but to focus on ageing support and community services.
5. I accept the applicant's written evidence that while there are nursing-related programs and some short courses in community health and caregiving available in the Philippines, they are mostly limited in scope and do not offer the same level of practical exposure, structured placements or international relevance that Australian courses provide. The applicant explained that he was looking of a curriculum that goes beyond theory and includes strong workplace training in aged care. Based on this evidence, I accept the applicant's reasons for choosing to study in Australia, rather than in any other country.
6. Based on the applicant's written and oral evidence, I accept that he has a genuine interest in studying ageing support and community services courses in Australia to better his future and his career. However, I have significant concerns about the applicant's initial and spontaneous oral evidence that he had entered Australia to gain Australian nursing registration in order to work in Australia. The applicant has ongoing employment in Australia as a registered nurse and the salary that he currently earns exceeds the projected Philippines salary he had mentioned in his written evidence. Further, his oral evidence indicates that he chose to study ageing support and community services courses upon the recommendation of a colleague in Australia after he confided in this colleague about his unsuccessful attempts to secure work in the aged care sector, and in order to have a better chance at securing work in the sector in Australia. I am of the view that the applicant entered Australia for the purpose of gaining the relevant registrations and qualifications in order to work in Australia as a registered nurse, and with the longer-term view of working specifically in the aged care and/or community services sector.
7. I have considered the applicant's comments that the Philippines-based career plans in his student visa information form were written 'a long time ago' and that he had forgotten to mention these but that the plans are his intention. However, I do not accept the applicant's explanation as the information written in his student visa information form to the Tribunal was written just over three months prior to the hearing. I give more weight to the applicant's initial oral evidence at hearing where he spontaneously confirmed that he did not intend to return to the Philippines and that he would like to work in Australia and apply for permanent residency. All of his initial evidence points back to plans relating to ongoing stay in Australia. I also give significant weight to the applicant's original genuine temporary entrant statement and his statutory declaration dated 7 August 2025 which confirm the applicant's initial intention for entering Australia, being to complete the OSCE and obtain Australian nursing registration, as well as his later evidence of obtaining an ANMAC positive skills assessment outcome for permanent residency visa purposes.
8. Further, the applicant had obtained a positive ANMAC skills assessment outcome for the purposes of applying for permanent residency in Australia. The applicant confirmed that he had submitted an Expression of Interest for the subclass 189 and 190 visa programs. As addressed in the case of Saini v MIBP [2016] FCA 858, where an applicant has a settled intention to seek a visa that will lead other than to temporary residence, then it is unlikely that there is an intention to stay temporarily. I have considered the applicant's comment that should his student visa be 'finished' and/or he is not granted permanent residency in Australia, then he would return to the Philippines. However, based on the evidence provided, it appears that his primary goal is to work in Australia and gain permanent residency status. If his student visa is not granted and he has no other visa options to remain permanently, his return to the Philippines would be a compulsion, rather than a preference or choice. Therefore, I find that the applicant does not have an intention to stay temporarily in Australia but is using the student visa program with the goal to maintain ongoing residence. While I accept that he wishes to study the courses that he has enrolled in, I find that these intended studies are incidental to the applicant's priority to work in Australia and gain permanent residency, and that such studies are for the purposes of progressing his career, specifically in Australia. I note that I had given the applicant multiple opportunities to explain what value the courses bring to his future, and each response related to employment in Australia. However, it was only when I pressed him again towards the end of the hearing, re-explained the criteria in cl 500.212 and reminded him of his written evidence in relation to his future career plans in the Philippines, that he provided a brief but vague response about the value the courses would bring to his future in the Philippines or a third country.
9. I have considered the applicant's circumstances in the Philippines, being the presence of his family in the Philippines, his loan and his investment property income and having no concerns about military service or conflict in his home country. I acknowledge that these factors provide some incentive for the applicant to return to the Philippines. However, as a single person who claims to have no financial obligations to his parents and siblings and who is working in Australia earning a comparatively higher salary than what he could earn in the Philippines and who has submitted an Expression of Interest with the intended purpose of applying for permanent residency in Australia (should he be invited to do so), I find that his circumstances in Australia serve as a greater disincentive to return to his home country.
10. In making this finding, I have taken into account that the applicant has not been invited nor formally applied for permanent residency in Australia. However, the applicant has made it clear from the time he submitted his student visa application with his accompanying genuine temporary entrant statement that he intended to gain Australian nursing registration, which he subsequently did. He then took steps to apply for work rights on his bridging visa and then commenced work in Australia as a nurse, which he only could have done with AHPRA nursing registration in hand. AHPRA nursing registration is obtained for the purpose of working as a nurse, and specifically in Australia. While he has not yet applied for permanent residency, he has obtained a positive ANMAC skills assessment outcome which is a mandatory requirement for the Expression of Interest stage of the skilled independent and skilled nominated permanent residency processes. Additionally, he provided oral evidence to say that he wished to obtain permanent residency status in Australia and that he did not intend on returning to the Philippines, unless he had no options for permanent residency. These intentions and actions have been for the primary purpose of working and remaining in Australia, despite his earlier written evidence that he intended to use the knowledge and skills from his proposed courses to seek employment in the Philippines. I accept and give weight to his unprompted and spontaneous evidence at hearing that his proposed studies will help him secure work in the aged care and community services sectors in Australia. I do not accept that the applicant has chosen these courses of study to assist him in obtaining employment or improve employment prospects in his home country or a third country.
11. On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).

1. The Tribunal is not satisfied that the applicant is a genuine applicant for entry and stay as a student as required by cl 500.212.
2. 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 Mohit Kharbanda (MARN: 2318016)

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] Saini v MIBP [2016] FCA 858.