• to earn the degree required to achieve her dream of being a successful professional with an international background;

• to build on Bachelor studies of International Tourism and Hotel Management

in Griffith University in 2016 and Master studies of Event Management in Griffith University in 2020 and as well as Master of Business Administration in Holmes Institute in November 2020;

• to open up a B&B hotel in her hometown in China;

• to undertake the Diploma and Advanced Diploma of Business, (basically) again, majoring in business management;

• to learn more professional knowledge with advantage in English skills and put into practice back in China, as China's enterprises are in fast growth and getting more competitive;

• to better integrate the network resources accumulated by her family in China in the past years and combine with her learning and exploring experience in Australia;

• to show to her parents the professional skills and language improvement she has gained in Australia, to be more reliable for her parents so they can be proud of her and can also rely on her when she is back home;

1. The delegate considered a range of factors including the applicant's circumstances in China and in Australia, and the value of her proposed courses of study in relation to the applicant's future career plan. The delegate was not satisfied that the applicant intended to genuinely stay in Australia temporarily and was not satisfied that she met cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).

1. The applicant provided written submissions and documents prior to hearing, including answers to the Tribunal's Request for Student Visa Information form completed and signed on 28 April 2025. In that form, the applicant indicated her study path was intended to equip herself with more technical skills for her future career development in the marketing industry, and also planning to seek opportunities in the fashion or food industry. After the delegate refused her student visa application, the applicant further noted in support of her genuine temporary entrant claim:
   • she prefers the Australian education system and style based on her past years study experience;

• she is expecting more than $85,000 per year for work for which she is qualified in China.

1. The applicant was invited to appear at a hearing on 03 September 2025 via Microsoft Teams audio visual link. On 26 August 2025, the applicant's agent requested an adjournment of the hearing as the applicant had returned to China due to her mother's ill health. The agent suggested the applicant intended to return to Australia by 16 September 2025. The hearing was rescheduled for 18 September 2025, again via Microsoft Teams audio visual link. The applicant provided a Response to hearing notice on 02 September 2025 and indicated she would attend the hearing.
2. On 17 September 2025, the applicant's agent requested a further adjournment. The request was declined as the hearing was to be conducted via audio visual link and the applicant could readily join the hearing from China.
3. On 18 September 2025, the applicant and her agent each joined the hearing at the scheduled time. Due to unforeseen circumstances, an interpreter in the Mandarin language had not been arranged. The Tribunal considered that continuing the hearing without an interpreter, which the applicant had requested in her Response to hearing notice, and notwithstanding the applicant's English language proficiency, would have been unfair. The hearing was rescheduled.
4. On 1 October 2025 the applicant appeared via Microsoft Teams audio visual link to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Mandarin and English languages. The applicant was assisted in relation to the review. The applicant's representative attended the Tribunal hearing.
5. For the following reasons, the Tribunal considers the decision under review should be affirmed.

1. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria.
2. The issue in the present case is whether or not the applicant genuinely intends to stay temporarily in Australia while he completes her studies and leave Australia after completion.

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. The applicant provided a written submission dated 02 September 2025 setting out her academic background and study history:
   • completion of the Master of Business Administration (MBA) at Holmes Institute significantly enhanced her capabilities in corporate governance, strategic planning, and decision making;
   • she realised her Master's studies furnished her with robust theoretical and strategic knowledge, but placed insufficient emphasis on practical, technical, and industry based training, so she resolved to continue studies at London College of Business and completed a Diploma of Business and is now advancing towards an Advanced Diploma of Business, suggesting the diploma level courses focused on 'hands on' training, applied projects, and workplace skills;
   • explained the "step down" in the qualification level is not a setback but rather a strategic and complementary decision to bridge the chasm between theory and practice, to fortify applied competencies in areas such as project management, business operations, and marketing practice;
   • suggested this academic trajectory reflects a logical and consistent progression by amassing advanced theoretical knowledge through the Master's programs and supplementing it with practical training via diploma level courses.
2. The applicant's written submission dated 02 September 2025 discussed her reasons for choosing current courses, her financial capacity, career plans and intention to return to China, specifically:
   • course selection;
   • parents stable financial background covering tuition fees, accommodation, and living costs, plus the applicant's own personal savings to handle additional expenses;
   • Short - term (1-3 years) intention to return to China to join a well-established company in the fashion or food industry leveraging her international business knowledge and applied marketing skills acquired in Australia and making her well suited for roles such as Marketing Specialist, Brand Development Manager, or International Business Coordinator;
   • Medium - term (3-5 years) aspiration to ascend to management positions, and lead teams in marketing strategy, brand management, and international expansion;
   • Long - term (5+ years) ultimate objective to become a senior executive in business development and marketing within a multinational enterprise or to establish her own venture in China's consumer industries, especially in branding, digital commerce, and global supply chains, where professionals with international training are in high demand.
3. The applicant further noted her significant cultural and personal obligations to care for her parents as an only child. The applicant highlighted that in Australia, she maintains a temporary residence solely for the purpose of her studies, with no intention of permanent settlement and noted all of her family members and long-standing connections are in China.
4. At hearing, the applicant indicated a brief summary of her life in China and in Australia. Her parents are no longer working, and her mother is currently receiving significant medical treatment. She keeps in touch with her old classmates from China occasionally, with more communication lately as they have helped a lot with her mum's illness. She has no employment in China. There is one property under her name in China, a 100sqm apartment where her maternal grandfather lives rent-free.
5. In Australia, the applicant has lived in numerous places in Brisbane from 2010, rented shared accommodation with others, and for the last 2 years has lived in Sydney. The applicant currently rents a studio apartment in Chatswood for $420 per week and lives alone. She is not married, has no children, and no other family members in Australia. She has limited ties with the community and describes herself as engaging in window shopping, going to cafés, and going to shows or exhibitions. Her engagement with weekend Park Run groups has lessened since her mother's illness.
6. During the hearing the applicant highlighted that her previous studies from when she first arrived were high school years and then she proceeded to university. She undertook two masters degrees because in China her family runs a business and therefore regardless of whether she joins the family business or runs her own business she needs the qualifications to support that. The applicant said her parents have not studied much and they have hopes for her to study as much as possible and are supportive of her studying in whatever she is interested in, and this explained her interest in later courses.
7. The applicant was adamant that all of her studies are very useful, regardless what kind of subjects are involved. She loves to study and wants to keep studying programs she is interested in. The applicant believes teachers are different and they have different methods and ideas, so even though the Tribunal might see repetition of courses or course content, she claims they will not be wasted. The applicant was strident in claiming that she does not see why there were so many questions about doing a lot of similar courses as being a major issue for the Tribunal.
8. The Tribunal raised a number of significant concerns with the applicant during the hearing. Some were addressed by the applicant during the hearing and others were noted by the applicant's agent with an intention to be addressed in a further submission post-hearing.
9. A concern was raised that the applicant's MBA was the most superior course and yet it appeared her more recent Diploma and Advanced Diploma studies were repeating subjects she had already covered. The applicant said her family business is Donghui Motel near highway exit in Beile Village, Jingpu, New District, Dalian City, Liaoning Province. The applicant explained her family used to run the motel business and that is why she focused on this area of study initially. The applicant went on to explain the family business has encountered financial trouble and the family can no longer support her financially. She now has to fund her own studies therefore cannot afford those expensive qualifications. The applicant said subjects are fixed in the courses and if she may have done them in the past, she just has to do them again.
10. The Tribunal raised a concern with the applicant that the length of study in her most recent Diploma and Advanced Diploma courses appeared to indicate that she had not sought recognition for prior learning to limit study time. The applicant was vague and unconvincing when she said that some subjects can be recognised for credit, she was not sure, it was a very long time ago, and she does not recall clearly and didn't remember. The applicant said some subjects are just overlapping each other, there is nothing she can do about this and just has to get through it, suggesting recognition for prior learning is not a choice for international students.
11. The applicant said she is working full time, at least 38 hours per week, for Freemen Nutra, an import/export business in supplement ingredients as a Marketing specialist, on site at St Leonards. A concern was raised as to how the applicant was attending to her studies for her Advanced Diploma of Business. The applicant said she attends London College two or three days per week and this varies each time. Monday, Tuesday and Friday are generally on campus, and also she is currently studying online for 2 to 3 hours per week. Time spent on assignments is different and depends on how difficult sometimes a written assessment is and perhaps needs 8 to 9 hours to write an essay.
12. Based on the length of time in which the applicant has lived and studied in Australia, the Tribunal raised a genuine concern that it does not appear the applicant intends genuinely, and without qualification, to stay in Australia temporarily, and then return to China. The applicant told the Tribunal she will leave after she finishes her studies, and her visa expires in March 2026. The applicant said she will return to China maybe in the second half of October as she needs to go back to China to look after matters in relation to her mum's surgery to pay to make sure her mother gets the best treatment. The applicant said she thinks financial stress is going to be an issue, and she might need to pay people when she goes back to China for networking. She estimated $20k and said she might need $500,000RMB. The applicant explained everything needs money for the best western medication and she has to pay others 'red pockets' or underhanded payments. The applicant claims her absence from Australia does not impact her online classes and she will cross this bridge when she comes to it.
13. A concern was raised with the applicant regarding a significant study gap from 15 November 2020 when she completed the Master of Business Administration [081498J] to commencing the Diploma of Business [110336E] on 26 Feb 2024. This gap was a period of 3 years, 3 months and 11 days. The applicant's agent undertook to explain this in post-hearing submissions.
14. A concern was raised with the applicant regarding some of the content of her Student Visa Information Form dated 28 April 2025 and submitted to the Tribunal on 05 May 2025. The form describes a completed course as only "Bachelor" ending March 2016, and further describes Master of Event Management which does not appear in the Provider Registration and International Student Management System (PRISMS) report that the Tribunal has access to. The applicant's agent undertook to explain this in post-hearing submissions.
15. The applicant's representative Mr Zhoujie Huangfu indicated further written submissions addressing a number of concerns not answered during the hearing would be provided to the Tribunal by the agreed date of 10 October 2025. No such submissions were received before publication of this decision.

1. The applicant first arrived in Australia on 25 November 2010, then aged 17 years. Across the expanse of almost 15 years, and at the date of hearing, the applicant has departed Australia fourteen times, for a period totaling just under three years. In effect, the applicant has lived for her entire adult life in Australia. She currently lives in Sydney and is in the process of completing an Advanced Diploma of Business at London College, which is due to conclude on or about 22 March 2026. The applicant is single and has no children. She is an only child and is in contact with both of her parents in China.
2. For almost fifteen years, the applicant has held a range of visas including various student visas, bridging visas, a visitor visa (08 March 2021 to 14 June 2021), and a Skilled Graduate Visa (09 December 2021 to 09 December 2023). The applicant currently holds a Bridging Visa B from 22 April 2025, and is noted as "onshore, lawful".
3. The applicant has enrolled in nineteen courses, cancelled out of seven courses, and completed multiple management and business focused courses. The Diploma of Business from 26 February 2024 to 23 February 2025 has similar course content to the Master of Business Administration from 23 March 2020 to 15 November 2020; which itself was commenced after completion of a Master of International Business and a Master of Business.
4. The applicant's current study for an Advanced Diploma of Business, to be completed by 22 March 2026, again appears to repeat some of the academic programs already undertaken. The applicant is employed full time in Australia and now describes the situation for her family back in China as being in financial trouble.
5. The applicant and her agent failed to provide further submissions by the date agreed with the Tribunal, and thus the applicant has not answered some relevant concerns raised during the hearing.
6. The Tribunal places significant weight on the applicant's 15 years living in Australia with just under 3 years of travel outside Australia. The applicant's study is circular and repetitive. The applicant has been working full time in Australia for some time and her family in China is now experiencing financial difficulties.
7. Taking into account all of the circumstances in this case, the applicant has not been able to provide the Tribunal with any degree of confidence that she is, in fact, a genuine temporary entrant to Australia.
8. Weighing up all of the available evidence, I am not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a).
9. 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.
10. 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 Zhoujie Huangfu (MARN: 1700109)

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.