had been clearly demonstrated that, by obtaining further qualifications abroad at this time, the applicant is likely to increase her career prospects and remuneration on return to India.

1. On 29 August 2025 the Tribunal wrote to the applicant via her representative (a s 359(2) letter) stating as follows:

As the applicant for the visa based on undertaking a course of study in Australia, it is a requirement of the visa for the applicant to be:

• enrolled in a registered course of study; and
• a genuine applicant for entry and stay as a student.

The applicant will need to provide sufficient information to satisfy us that they meet both of these visa requirements.

Request to provide information

the applicant is now invited to give, in writing, all relevant information about the course(s) of study they are undertaking and their entry and stay in Australia as a student. Details of the information requested are set out in the Student Visa Information Form (the information form).

1. The Tribunal also advised that in considering whether an applicant is a genuine applicant for entry and stay as a student, the Tribunal must have regard to Ministerial Direction No.108 'Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications'. A link to the Direction was provided.

1. In materials provided before the hearing, the applicant submitted the requested information form to the Tribunal together with numerous supporting (identification, education, financial and immigration) documents. In a statement of 'supporting answers' Mrs Kaur explains her education pathway and the relevance of her current study to her career aspirations. She states that:
   • having successfully completed her Certificate III and IV courses (and due to complete the Diploma on 13 September 2025) she would continue her studies in Australia by undertaking a bachelor's degree in business (at Group Colleges Australia Pty Ltd) where she will learn business theory with real-world industry projects, hands-on business simulations, group work and take part in the 'exclusive' Centre for Entrepreneurship (CFE) Mentoring Program
   • completion of her Australian studies will enable her to secure a rewarding career, support her family, and contribute to the growing hospitality sector in India which has diverse culinary traditions, and attracts tourists from around the world
   • domestic and tourism-related demand, in the hospitality sector in India, drives employment opportunities for workers with expertise in event planning and management and creates an environment for entrepreneurs to flourish
   • she has entrepreneurial aspirations driving long-term career goals including the establishment of her own café and restaurant 'venture' in India
   • her pathway of education is leading to her long-term career goals. At this point in time she is building on the skills already acquired (in the Diploma, Certificate III and IV courses) by undertaking the Bachelor of Business course which (in addition to participating in the entrepreneurship mentoring program) will equip her with management and leadership skills to manage teams, handle conflict, plan catering, and establish sustainable business operations
   • upon returning to India, she can take the next steps on an entrepreneurial pathway by gaining experience in restaurants and luxury hotels - including roles such as chef, sous chef, restaurant manager, front office manager, banquet/function manager and bar manager.
2. In relation to her past and present studies in Australia (and her choice of education provider), Mrs Kaur's statement dated 30 September 2025 discloses the following:
   • at Acumen Education Pty. Ltd. she has completed Certificates III and IV in Commercial Cookery and a Diploma of Hospitality Management
     • she is pursuing a Bachelor of Business at Universal Business School, Sydney
   • following her matriculation (in 2009 after completing year 10) she 'dropped out 'of high school for financial reasons. With the encouragement of her husband she returned to her secondary studies in 2022 (after her son was born in 2016)
   • she was keen to resume her studies because "it was the only thing she was missing throughout the years, but never fully expressed it to anyone about that."
   • when visiting Australia she "found the culinary and hospitality sector very fascinating" and the successful completion of her senior secondary, gave her "a whole lot of confidence to pursue her interest in commercial cookery and hospitality management."
   • she has a deep passion for cooking and her brother-in-law encouraged and guided her in selecting culinary/hospitality-related coursework in Australia. For her bachelor's degree, she chose Universal Business School because of its affordable tuition fees and (amongst other things) it's entrepreneurship-driven learning.
3. In terms of the relevance of her past and present studies in Australia to her longer-term career goals, Mrs Kaur's statement dated 30 September 2025 explains that her business studies (and higher education in cookery) will enable her to turn her culinary/hospitality- related passion into a professional career and progress into leadership/entrepreneurial roles in the hospitality industry having been inspired by entrepreneur Nik Baker's successful expansion into 19 bakery branches in North India.
4. In support of other contentions relating to her stay in Australia being of a temporary nature only, Mrs Kaur's statement dated 30 September 2025 outlines her family (and other) circumstances as follows:
   • she initially came to Australia on a tourist visa to meet her brother-in-law and his family and to spend some quality time with them.
   • her parents-in-law (who reside in India) are her biggest support system and she has an 'unbreakable bond with them'
   • overall, her finances will be improved significantly by returning to India. This is so because, with her newly acquired skills, she will be able to "earn handsomely [and] support her family in every way possible."
5. Further documents (including identification and finance-related documents), submitted with the pre-hearing materials are as follows:
   • a statutory declaration sworn on 7 September 2025 from Mrs Kaur's sponsors (Mr and Mrs Dhillon) attesting that they are willing and committed to providing financial support to Mrs Kaur (and her husband) and have the financial capacity to do so
   • certifications, academic transcripts and a course completion letter from Acumen Institute of Further Education demonstrating that she has completed Certificate III and IV courses and that she successfully completed a Diploma of Hospitality Management on 13 September 2005
   • a COE from the Universal Business School Sydney (UBSS) for her current Bachelor of Business course
   • an academic transcript from UBSS marked up to show the courses she will complete on 28 November 2025. Also identified are the remaining course units - 2 of which are marketing-related
   • certification from the Punjab School Education Board that she passed all subjects attempted in the senior secondary examination held in March 2023
   • certification from the Pearson Professional Centre in Box Hill, Victoria that she achieved an overall score of 58 when her general English was tested on 28 March 2024
     • a diagram of her family tree.

1. The Tribunal also has PRISMS records before it relating to the applicant's enrolments, and her movement records which set out her immigration history in Australia.

1. At the commencement of proceedings on 9 October 2025, the Tribunal invited Mrs Kaur to confer with her representative Mr Kohli regarding his attendance at proceedings. She did so using her personal phone and later confirmed with the Tribunal that she would represent herself, and the other applicants, at hearing.
2. The Tribunal then noted that the issue before it is whether the applicant meets the genuine temporary entrant criterion in 'the regulations' per cl 500.212. The requirements (set out in the Tribunal's letter of 29 August 2025) and Direction No.108 (the Direction) were raised.

1. Mrs Kaur answered questions addressed to her by the Tribunal consistently with the information above and in detail. The applicant elaborated on the statements and submissions set out above - stating that:
   • (contrary to the observation in the delegate's decision) she did undertake study after 2009. She demonstrated her motivation and aptitude towards study by returning, in India, to complete year 12 of her secondary schooling
   • as her brother-in-law in Australia had encouraged her to further her education beyond secondary level (and offered to sponsor her) she came to Australia immediately upon sitting her final secondary school exams keen to acquire new skills in an area for which she has a passion
   • her brother-in-law has always encouraged her to further her studies however, after she returned to India in March 2019, her son was of pre-school age and her caring responsibility did not permit her to take action on her education goals until 2022/2023
   • her husband has also been an enthusiastic supporter of her further studies and her parents-in-law would fully support her if she were to commence her own 'venture' in India where she wants to open a restaurant and café
   • the first step in pursuing this 'venture' would be to gain hands-on experience in a restaurant (or hotel/hospitality business) with a view to opening a café that would serve light meals in her home town which is proximate to the city of Amritsar. As she has an entrepreneurial spirit, she would then like to extend her operations by opening up other cafés (in nearby Amritsar and beyond)
   • she is prepared to relocate to (and live alone in) Mumbai or Delhi in order to obtain high-end experience in cookery, customer service, team leadership and business management so that she can further her entrepreneurial goals
   • her mother lives in India (with her brother, his wife and their two children). They are located approximately one hour's drive from her parents-in-law. She has no siblings and her father has passed away
   • while her husband's siblings (one brother and two sisters) live in Australia she previously lived with her parents-in-law and has a close bond with them. She intends for her family to return to live with her parents-in-law who operate a farm (in Tarn Taran) and a merchant/commission agent business there
   • her husband is part-owner of the farmland in Tarn Taran. The dwellings thereon are owned by her father-in-law. There a number of employees working the farm and her husband also worked on the farm for 8 or 9 years before coming to Australia
   • she understands and abides by the (no work and full-time study) restrictions attaching to her current bridging visa and is committed to abiding by all such restrictions
   • she is studying full-time, with morning and evening on-campus attendances each Tuesday. She completes coursework at home each Monday and Wednesday.

1. Mr Singh told the Tribunal that he fully supports his wife's studies in Australia and her entrepreneurial goals. He stated that he has always encouraged his wife to study.
2. The Tribunal asked Mr Singh whether he and his wife had discussed the possibility of her relocating to Mumbai or Delhi in order to progress her career goals. He stated that they have discussed this. He told the Tribunal that he foresaw an arrangement whereby his wife would rent a room in the city and he and their son would fly there to be with her 'as required' in order to support her.

1. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations (the regulation). 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 meets cl 500.212.
2. For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.

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 applicant completed her secondary schooling studies, in 2023, in India. The current university study in the Bachelor of Business degree being undertaken by Mrs Kaur is at a higher level than her secondary study in India.
4. That Mrs Kaur has consistently been undertaking study at a higher level than her previous education, and in circumstances where she has cooked for (and managed a household for) an extended family, for at least the last 16 years, indicates to the Tribunal that her motivations for undertaking study in Australia are related to genuine academic achievement and career advancement.
5. The Tribunal accepts as credible, Mrs Kaur's claim to have entrepreneurial aspirations in the foodservice/hospitality/business management area. The Tribunal accepts that she has, currently, the financial and motivational support of her husband and his family. The Tribunal is prepared to accept that this support (wholly or in part) would extend to her taking the next steps on an entrepreneurial pathway.
6. The Tribunal holds some concerns about the extent to which Mrs Kaur has family ties in Australia which may serve as a significant disincentive for her to return to India. Similarly, the Tribunal holds some concerns that her son's schooling in Australia may serve as a significant disincentive for her to return to India.
7. At hearing the Tribunal found the applicant to be a reliable and forthcoming witness. She was able to provide detailed and thoughtful evidence about her courses of study, her reasons for studying in Australia, her plans for the future and her personal motivations.
8. The applicant's consistent and detailed oral evidence as to her reasons for choosing to study in Australia is accepted. The Tribunal notes that Mrs Kaur has family ties in India, including her mother, brother (and his family) and her parents-in-law. The Tribunal is satisfied that Mrs Kaur lived with her parents-in-law before coming to Australia and that she wishes to return to this arrangement upon leaving Australia at the conclusion of her studies in August 2027.
9. The Tribunal accepts that Mrs Kaur's husband owns a share in a significant plot of farmland in India and, as his father grows older, would take up an increasing role in managing the farm as well as the merchant and commission agent business. The Tribunal considers that these ties to her home country are factors indicative of a person who is only a temporary entrant and wishes to return to their home country.
10. Evidence before the Tribunal, including from PRISMS, indicates the applicant has successfully applied herself to studying her Australian courses. As stated above, Mrs Kaur has had no changes to her enrolments, no enrolments cancelled (other than for administrative reasons), and no breaks in her studies. She has completed the Certificate III and IV courses as well as the Diploma and is now studying a university course that, includes an Entrepreneurship (CFE) Mentoring Program and marketing subjects - both of which have direct relevance to her goals of growing a business in India.
11. The Tribunal considers that these matters are strong evidence that Mrs Kaur is in Australia for the purposes of study as she claims and is not using the student visa program to maintain residence in Australia for a purpose unrelated to study. The Tribunal weighs the factors listed above strongly in her favour.
12. As to the applicant's circumstances in her home country, no evidence has been presented that the applicant's economic circumstances would present as a significant incentive for her not to return to India. There is no evidence before the Tribunal that political and civil unrest would result in Mrs Kaur choosing to remain in Australia indefinitely. There is no evidence before the Tribunal of military commitments that would present as a significant motive for her not to return.
13. On the basis of the above, the Tribunal is satisfied that Mrs Kaur intends genuinely to stay in Australia temporarily. Accordingly, Mrs Kaur meets cl 500.212(a).
14. For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.

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 Mrs Kaur 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 her 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) and 8208 (no critical technology related study without approval).
3. At the hearing the Tribunal discussed conditions applying to her student visa with Mrs Kaur. She was aware of these conditions, giving evidence of her understanding of the work limitation that applies, and the requirements that she engage in her study. Mrs Kaur expressly stated that she would comply with the conditions attached to her student visa. The evidence before the Tribunal is that the applicant has abided by conditions of the visa issued to her on 30 June 2023.
4. On the basis of the above, the Tribunal is satisfied that Mrs Kaur 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 Mrs Kaur to meet cl 500.212(c), the Tribunal must be satisfied that she 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)). There is no other relevant matter to consider. The Tribunal finds the applicant meets cl 500.212(c).
2. Accordingly, the Tribunal is satisfied that Mrs Kaura is a genuine applicant for entry and stay as a student as required by cl 500.212.
3. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

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

Representative for the Applicants: Mr Parvinder Singh Kohli (MARN: 0103673)

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)

1. 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.
2. 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.

3. 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.
   1. 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.

1. b. Previous travels to Australia or other countries, including:
   1. 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;
   2. whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
   3. 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
   4. 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.