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 is a 50-year-old citizen of Indonesia who first travelled to Australia sometime in 1993 as the holder of a visitor visa. The applicant returned to Australia as the holder of a student visa during period of 1997 - 2000 in order to undertake a undergraduate bachelor degree in Business Management. He then visited Australia again in 2022 and 2023 with his last arrival in Australia as the holder of a visitor visa on 12 July 2023. On 30 August 2023, he lodged an onshore application for a student visa in order to undertake further studies in Australia. This visa, to which this decision relates, is the applicant's second student visa application for which he is seeking to meet the requirements as the primary applicant.
2. Confirmation of Enrolment documents (CoE's) provided with the applicant's primary visa application refer to the applicant as having been enrolled to undertake the following package of courses:
   • Certificate IV in Marketing and Communication (21 August 2023 - 18 August 2024); and
   • Diploma of Marketing and Communication (9 September 2024 - 7 September 2025).
3. In support of his primary visa application, the applicant provided a genuine temporary entrant statement in which he stated that following his recent visits to Australia, he noted that many things had changed since he was last in Australia as a student to complete his undergraduate bachelor degree. The applicant stated that seeing such changes made him eager to learn something new and he had "...a desire to develop my skills in marketing [and] gain a deeper understanding of how to market a product in a variety and creative way."[1] He went on to explain why he chose his education provider and his reasons for seeking to undertake the Certificate IV and Diploma qualification in Marketing and Communication. He then went on to state that after completion of the above two courses, he would return to Indonesia where he had a business which he would then seek to develop and expand using the knowledge he had gained from these two qualifications.
4. As noted above, the delegate refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.500.212. Having considered the applicant's circumstances including his previous education history and qualifications, potential circumstances in Australia and the value of such studies to the applicant's future in light of the applicant's educational level already attained, the significant gap in studies, his reasons for choosing to study in Australia as the preferred study destination and the potential for improvement to his employment and/or expected renumeration upon completion of such studies, the delegate was not convinced, that "the proposed course will add value to the applicant's future which indicates that their primary motivation for pursuing this course may be other than the quality of education in Australia."[2] Consequently, on the information before them, the delegate was not satisfied that the applicant meet the requirements of cl.500.212.
5. On 27 June 2025, in response to the Tribunal's Direction dated 10 June 2025, the applicant submitted a completed Request for Student Visa Information form together with a copy of his Certificate IV in Marketing and Communication qualification and statement of results. In his Student Visa Information form, the applicant provided the following additional relevant information (summary only):
   • The applicant was the shareholder in two business, Sinar Harapan Motor - operational since June 2021 to date and Tata Enterprises - operational since January 2010 to date.
   • He had travelled back to Indonesia in September 2024 for a period of 14 days for a holiday.
   • He had completed his Certificate IV in Marketing and Communication during the period of 21 August 2023 - 18 August 2024.
   • He is currently undertaking the Diploma of Marketing and Communication which he is on track to finish on 7 September 2025 as per his original CoE.
   • In addition to his family, he has community ties in Indonesia with the Lions Club Indonesia of which he is the President of the Garnet Lions Club. He has no community ties in Australia.
   • He has assets in Indonesia in the form of his family home in Jakarta valued at approximately AUD$200,000.
6. In his completed Student Visa Information form, the applicant elaborated on the information provided in his primary visa application and primary genuine temporary entrant statement in reference to his background, circumstances in his home country, incentives to return, why he chose to study such qualifications in Australia and not Indonesia or elsewhere, and the value of the proposed package of courses to his future plans. The applicant did not claim any concerns regarding military service commitments or political or civil unrest in his home country of Indonesia.
7. On 5 September 2025, in response to the Tribunal's request for additional information, the applicant provided additional supporting documents including evidence of his ongoing enrolment and attendance in the Diploma qualification, expected completion date of this qualification and a copy of his completed Certificate IV qualifications including the certificate and statement of results.
8. On 17 September 2025, the applicant provided the Tribunal with a further CoE in order to undertake the following additional course:
   • Graduate Diploma of Management (Learning) (6 October 2025 - 3 October 2027).

No further information was provided regarding the applicant's new intended course of study.

1. At hearing, the applicant gave evidence that in reference to his family circumstances in Indonesia, the applicant's father is deceased and his mother is currently living in his home in Jakarta, Indonesia. He stated that he has four biological sisters all living in Indonesia, with the applicant being the second born child and only son of the family. The applicants sisters are all involved in the family jewellery business with each sister responsible for a franchise store of the family's jewellery company.
2. The applicant is married with one son who is 20 years of age. His wife and son live in the applicant's home in Jakarta together with his mother. The applicant maintains regular contact with all of his family members particularly his son with whom he shares his knowledge and learnings from his current studies in Australia. This is discussed in more detail further below. The applicant confirmed that upon his return to Indonesia he intends to live with his mother, wife and son in his family home. The Tribunal finds that the applicant has not entered into a relationship of concern for a successful student visa outcome.
3. In relation to his assets in Indonesia, the applicant gave evidence that he owns a home where his mother, wife and son currently reside and that he is involved in the family jewellery business. He gave further evidence that he is a part-owner of three businesses - two specialising in the sale of second-hand motor vehicles, in which he holds a 30% shareholding in each, and an event management company in which he holds a 50% shareholding. Although the applicant has not provided documentary evidence to substantiate his claimed business ownership or shareholdings, the Tribunal is prepared to give the applicant the benefit of the doubt and accepts the above evidence as true.
4. As to his education and employment background in both Indonesia and Australia, the applicant stated that he had completed his secondary school education in Indonesia. He then went on to complete a Diploma of Marketing in Indonesia during the period of 1993 - 1996 before travelling to Australia as student visa holder where he completed his undergraduate Bachelor of Business degree at La Trobe University from 1997 - 2000. The applicant gave evidence that since the year 2000 in he has been consistently involved in various business ventures, including the family jewellery business and his three current enterprises. Due to his visa conditions, the applicant is not currently employed in Australia. He has however, continued to manage his business interests from Australia and derives an income from these activities.
5. When asked why he chose to undertake the initial package of courses and pursue further studies in Australia, the applicant gave evidence that when he visited Australia in 2022, he observed that there had been significant changes since he last studied in the country in 2000. He stated that he had fond memories of his time as a student in Australia and felt motivated to return to study. The applicant explained that he was able to leave his businesses running in his absence and initially he had intended to study only for two years. Upon completing his Diploma qualification, he planned to return to Indonesia and implement some of his learnings to improve and develop his current business ventures. However, his son encouraged him to continue his studies and undertake a Graduate Diploma as both he and his son were considering establishing an education agency or a marketing consultancy for small businesses and enterprises in the future.
6. The applicant further stated that his son is currently working for a property agency and has benefited from the knowledge, skills and resources the applicant has shared with him from his studies in Australia. Given that his son was finding these learnings useful for his own job, it was his son who encouraged the applicant to then go on and continue with further studies beyond his initial package of courses so that the applicant could continue transferring these learnings to his son without the need for his son to undertake the studies himself. When asked why his son did not come to Australia to undertake studies himself, the applicant gave evidence that his son currently has no desire to study or travel overseas, as he wishes to remain close to his mother. The applicant stated that this is why his son encouraged him to undertake the qualification instead, so that the applicant could pass on the knowledge and skills to him.
7. The Tribunal put to the applicant that, while it acknowledged the motivations of his son in encouraging the applicant to undertake further qualifications and subsequently pass on such knowledge to his son without the son having to undertake the studies himself, one of the considerations that the Tribunal is to have regard to is the value of the proposed qualification to the applicant's own future. The Tribunal noted that the student visa program is not designed for an individual to undertake a qualification on behalf of another person. Rather, the Tribunal is to consider the benefit or value that this further qualification - for which the applicant now seeks to remain in Australia for an additional two years - would have for the applicant himself and his own future.
8. In response, the applicant gave evidence that his previous studies, undertaken from 1997 - 2000, were conducted in a completely different manner and some time ago. He stated that his Certificate IV and Diploma qualification taught him about contemporary marketing and communication concepts, including the use of social media and client engagement strategies. The applicant explained that this knowledge has been beneficial to him personally, as it has enabled him to make changes to his business operations, such as selling cars and engaging with customers more effectively via social media. He further stated that he has applied the strategies and updated content from his current studies to his business, including the development of customer-oriented applications, thereby demonstrating that the qualifications he has completed to date, provided tangible benefits to his own professional skills and business practice in addition to helping his son.
9. When asked why, given the updated skills he had already acquired through his Certificate IV and Diploma qualification in contemporary marketing and communication, he wished to continue with the new qualification of a Graduate Diploma of Management (Learning), the applicant stated that his primary reason was to continue passing on his knowledge to his son as per his son's request, and secondary to that, having thought about it he believed that it would not be a bad idea for him personally to learn about management. When asked what units he proposed to study and/or were offered in the Graduate Diploma, the applicant gave evidence that he had only read the course brief and that it was his understanding that all the units related to management. He stated that the education provider was yet to provide him with the course information, and that he had only enrolled two days before the hearing.
10. When asked whether the proposed course was available in his home country of Indonesia or his region, the applicant initially stated "No, not really" then went on to state that it was in fact available however in Indonesia, it would be embarrassing for him to return to study as a mature-aged student, as it is uncommon for people of his age to do so. When asked how the proposed qualification would assist him in improving his employment prospects or expected renumeration upon return to Indonesia, the applicant was unable to clearly articulate how the qualification would be of value or benefit to his future.
11. Given, his evidence, the Tribunal raised with the applicant its concerns regarding the value of the additional Graduate Diploma qualification to the applicant and his future. The Tribunal noted that, in his initial student visa application, the applicant indicated that he intended to undertake two qualifications, which he has since completed, and that he has already implemented the knowledge and skills gained from those qualifications in his business operations. The Tribunal noted the applicant's evidence that his primary purpose for now undertaking the further Graduate Diploma qualification was to pass on that knowledge to his son. The Tribunal put to the applicant its concern that, given his evidence as to the primary motivation for studying the Graduate Diploma was for the benefit of his son as opposed to the applicant's own future, it appeared that the applicant may be using the student visa program to maintain ongoing residence in Australia, for purposes other than as a genuine applicant for entry and stay as a student, and/or, that the student visa program is being used to circumvent the intentions of the migration program. Finally the Tribunal also raised with the applicant its concerns regarding the benefit of the proposed course to the applicant future given his extensive educational background, including his undergraduate qualifications in business and his business career spanning more than 25 years managing numerous businesses. When invited by the Tribunal to comment on the above concerns, the applicant responded that he would in fact like his son to come to Australia and study himself; however, his son's limited English language proficiency makes it difficult for him to meet the entry requirements for study in Australia. As a result, his son has asked the applicant to undertake the studies and share the knowledge and materials with him. The applicant stated that he has, through his current studies, come to understand business differently and acknowledged that the student visa program is not intended for a person to study on behalf of another. He maintained however, that he wishes to study for his own benefit, that he is not in Australia for the purposes of working, and that his studies have not affected his business operations, as he continues to manage his businesses remotely from Australia.
12. Finally when asked if there was anything further he wished to tell the Tribunal, the applicant went on to state that he is a genuine student, that he intends to return to Indonesia after completing the Graduate Diploma and that he has informed his son that this is the last two years of study for him.

Findings as to the genuine temporary entrant criterion

1. The Tribunal finds that the applicant has personal ties to his home country Indonesia in the form of his mother, four siblings, his wife and 20 year old son and that such personal and familial ties provide some incentive for the applicant to return to his home country. The Tribunal also finds that the applicant has assets in the form of his family home, shareholdings in multiple business ventures including the family jewellery business, two second hand motor vehicle car sales businesses and an event management company. There is no evidence before the Tribunal that the applicant's economic circumstances would present as a significant incentive for the applicant not to return to Indonesia. The Tribunal further finds that there is currently no political or civil unrest in Indonesia nor does the applicant have any military service commitments that would present as a significant incentive for the applicant not to return to his home country.
2. The Tribunal accepts on the evidence before it that the applicant has completed a Certificate IV in Marketing and Communication and a Diploma of Marketing and Communication during the period of August 2023 - September 2025[3] as per the proposed package of courses he sought to undertake at the time of his initial primary visa application. The Tribunal notes that the applicant is now seeking to remain in Australia for a further period of two years in order to undertake a Graduate Diploma of Management (Learning) qualification having enrolled in such a qualification on 16 September 2025.
3. However, the extent of the applicant's personal, economic and business ties to his home country, and his further enrolment in an additional course of study to that of his initial package of courses, are but some of the many considerations relevant to the assessment of whether the applicant, in regard to the current student visa application, is a genuine applicant for entry and stay as a student genuinely intending to stay in Australia temporary.
4. For the reasons set out below, the Tribunal finds that, given the applicant's evidence at hearing, his educational background, professional experience, extensive business career, and his overall circumstances, the applicant is seeking to remain in Australia as the holder of a student visa for a further period of time than originally sought in his primary visa application in order to maintain ongoing residence in Australia for purposes other than undertaking genuine study or obtaining an additional qualification of any meaningful value to his future. The Tribunal finds that, rather, the student visa program is being used to circumvent the intentions of the migration program.
5. Firstly, whilst the Tribunal is willing to accept that the applicant initially sought to undertake the package of courses listed in his primary visa application in order to update or upskill himself in contemporary marketing and communication qualifications that would be beneficial to, or add value to, his ongoing business ventures - particularly given that he completed his undergraduate business qualification a significant number of years ago - the Tribunal notes the applicant's explicit oral evidence that his primary motivation for undertaking the current further graduate diploma studies is to assist his son. The applicant explained that he is essentially undertaking the qualification in order to pass on the knowledge and materials to his son to assist him in furthering his career. Secondary to that motivation, the applicant stated that he may also derive some personal benefit from the studies in terms of refreshing his own management skills.
6. When asked, if his son had found the applicant's studies beneficial to his own career in Indonesia, why his son himself had not come to Australia to undertake such studies and/or sought to come to Australia to undertake such studies, the applicant gave evolving evidence. He initially stated that his son did not wish to travel overseas or leave his mother, and later gave evidence that his son's English language proficiency was insufficient to gain entry into the course. Nonetheless, as was put to the applicant, the student visa program is not designed for an individual to undertake a qualification on behalf of another person.
7. Secondly, when asked what units of competency he proposed to study, and/or what units he was required to complete for the graduate diploma, the applicant demonstrated a lack of knowledge about the course content providing a generic response that it was his understanding all the units of competency were related to management. He went on to state that the education provider was yet to provide him with the course information given that he had only enrolled in the additional course two days prior to the hearing. The Tribunal finds the applicant's lack of awareness as to the proposed course content indicative that the applicant is seeking to undertake such studies for purposes other than genuine study or obtaining an additional qualification of any meaningful value to his future.
8. Thirdly, when asked whether the proposed course was available in his home country Indonesia, the applicant initially stated that it was not, but later acknowledged that it was in fact available. He explained that it would be embarrassing for him to return to study such a qualification in Indonesia as a mature-aged student, as it was uncommon for people of his age to do so. The Tribunal finds that this is not a reasonable reason for choosing not to undertake the course in his home country.
9. Finally, when questioned as to how the proposed graduate diploma qualification would benefit or assist the applicant in improving his employment prospects, or in enhancing his role or renumeration upon return to Indonesia, the applicant was unable to clearly articulate how the qualification would be of any real benefit or value to his future, particularly given his educational background, extensive professional experience and over 20 - 25 years of experience in managing and operating businesses. Accordingly, on balance, the Tribunal finds that the applicant's proposed additional course of study does not add any meaningful value to his future. Rather, and given the information set out above, the Tribunal finds that the applicant is seeking to use the student visa program to circumvent the intentions of the migration program and in order to maintain ongoing residence in Australia for purposes other than genuine study.
10. Finally, in relation to the applicant's immigration history, the Tribunal accepts that there is no evidence that the applicant has previously applied for a permanent visa, nor is there any evidence that he has failed to comply with Australia's immigration laws. However the Tribunal notes that the applicant last entered Australia as the holder of a visitor visa for the purpose of a visit and, within a brief period of time, sought to apply for a student visa in order to remain in Australia. Whilst the Tribunal makes no specific adverse finding in this regard, it does have some concerns that the applicant has already been in Australia as the holder of a bridging visa, pending the outcome of his student visa application, for a period of over two years, and is now seeking to extend his stay for a further two years. This would result in a total period of over four years in Australia, during which time the applicant has been away from his family, business interests, and connections to his home country. The Tribunal finds that given the applicant's overall circumstances, this extended period of time that the applicant is seeking to remain in Australia as a student raises concerns for the Tribunal as to the applicant's genuine intention to return to Indonesia following completion of his proposed further studies.
11. Therefore, having cumulatively assessed all of the available evidence and material before it, including the relevant factors set out in Direction 108, the Tribunal is not satisfied that, in seeking to undertake the graduate diploma qualification, the applicant is a genuine applicant for entry and stay as a student who intends to remain in Australia temporarily. The Tribunal finds that the applicant's stated primary motivation for undertaking this additional study in Australia is to assist his son in furthering his education and career, rather than to obtain an additional qualification of any meaningful value to his own future. Consequently, and having assessed all the evidence before it, the Tribunal does not accept that the applicant genuinely intends to stay in Australia temporarily and it follows that he is not a genuine applicant for entry and stay as a student.
12. On the basis of the above, the Tribunal is therefore not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl 500.212(a). It follows that 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.
13. 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.

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] Applicant's undated genuine temporary entrant statement submitted with primary visa application.

[2] Department of Home Affairs Decision Record dated 16 November 2023 at pg.: 3- 4.

[3] Provider Registration and International Student Management System (PRISMS) - https://prisms.education.gov.au records accessed 17 September 2025.