1. In materials provided before the hearing, Mrs Tserenmyadag submitted various training and property certificates and the requested Student Visa Information Form (the information form) to the Tribunal together with the following:
   • identification documents including a family certificate and marriage certificate
   • a work reference from Onom School (13 November 2023)
   • documentation of vehicle registrations and social insurance contributions
   • her Diploma in Social Sector Administration (23 January 2015)
   • her Diploma of Bachelor Degree in Education (17 June 2011)
   • her Achievement Award as "Teacher for Children-King of the World" 2012
   • undated Enrolment confirmations from East Coast College in:
     • - General English (Beginner - Advanced) which ran from 24 March 2025 to 1 June 2025
     • - English for academic Purposes (B1-C1) which ran from 2 June 2025 to 16 November 2025.
   • a Conditional Letter of Offer from Torrens University (27 November 2025) for the Master of Education (Inclusive Literacies) Advanced course to run from 14 September 2026 to 20 August 2028. This offer is stated as being conditional upon the applicant providing evidence of an IELTS result score 6.5 (academic) with no skills band less than 6.0 or equivalent
   • a Course Evaluation letter from East Coast College (1 December 2025).
2. In her original statement to the delegate (November 2023) the applicant explains that:

[Her] decision to pursue a structured course, beginning with General English and progressing through English for Academic Purposes 1 (EAP 1), English for Academic Purposes 2 (EAP 2), and concluding with a Master of Education (Inclusive Literacies) Advanced, is driven by my strategic career aspirations. The goal is to enhance my job prospects in Mongolia with favourable remuneration conditions and advancement opportunities...

Upon completing my [Master of Education] studies, I plan to resume my position at Onom Secondary School, focusing on mathematics and English. I have attached the employment letter confirming my return post-studies in Australia.

Upon my return to Mongolia, I anticipate a monthly salary of approximately MNT 8,000,000 (equivalent to AUD 3,500), surpassing my previous earnings.

1. The employment letter from Onom Secondary School (dated 13 November 2023) was provided to the Tribunal. It states:

This is to certify that Ankhmaa Tserenmyadag, Registration number: DG84020406 had worked as an elementary teacher from 1 September 2019 until 3 October 2022 and to provide with the workplace after her master's degree abroad.

1. In the information form, Ms Tserenmyadag states that, after 8 years of primary school teaching she has career aspirations to:
   • enhance her job prospects in Mongolia with favourable remuneration conditions and advancement opportunities by improving her English proficiency and expanding her knowledge of teaching methodologies
   • become a more effective teacher, contributing meaningfully to her students' learning journeys
   • utilise her English proficiency to participate in conferences, collaborate with educators globally and access a broad range of educational materials
   • pursue a Master of Education course in Australia to enable personal and career growth. This advanced degree, it is said, would focus on pedagogy, curriculum development, educational leadership and related areas which would contribute to her versatility and adaptability as a teacher. It is said that gaining this advanced training, in an international setting, would enhance Mrs Tserenmyadag's problem-solving skills and her ability to address diverse learning needs.
2. Notably, the information form states that "The Master of Education (Inclusive Literacies) offered in Australia provides advanced, up-to-date knowledge in areas such as neurodiversity, autism practices, mental health in education, and design thinking specialisations that are limited or not available in Mongolia."
3. In relation to the increased income Mrs Tserenmyadag would achieve in Mongolia, after completing her proposed studies in Australia, the information form states that:
   • she earned AU$500 per annum as a primary school teacher (September 2011 to June 2016)
   • she earned AU$700 per annum as a primary school teacher (September 2019 to October 2022)
   • the expected annual salary in her future employment, if she achieves the Master's qualification, will range from AUD$2,000 to AUD$3,000.
4. In relation to Mrs Tserenmyadag's family ties to Mongolia, the information form states that her mother, brother and son live there. It is stated that she remains in regular contact with them via video calls (and other social media interactions) to enable her to maintain a close relationship with them.
5. In relation to Mrs Tserenmyadag's economic ties to Mongolia, the information form states that she owns a 3-room residential apartment in Ulaanbaatar, Mongolia valued at AU$160,000.

1. On 20 January 2026, the applicant provided a further statement, evidence of a booking made for IELTS testing (on 27 June 2026) together with a link to research literature as follows:
   • A PhD dissertation[1] (June 2020) by Roger L. Dutcher[2]. This phenomenological study was accessible, by the link provided by the applicant, only in part (24 of 144 pages) however the 'abstract' is informative and is the paper is stated to be one of a small number of research papers produced with a focus on autism spectrum disorder (ASD) in Mongolia. The PhD study:
     • - observed (by reference to 'disability theory') Mongolia's slow progress in putting policy into practice
     • - approached 4 teachers and 4 ASD-affected families in Ulaanbaatar (the applicant's hometown) with research questions and semi-structured interviews addressing the issue of (amongst other things) the help available to ASD students in Mongolia
     • - identified a lack of understanding of and training for ASD and a lack of opportunities for equitable education among the ASD population in Mongolia
     • - referenced deficiencies in ASD diagnosis rates in Mongolia as poor[3] and the efforts by NGOs to address the urgent need to train national experts in autism in both the medical and education fields[4]
     • - observed that 4 themes are apparent:
       • frustration felt by parents, teachers, and students based on a lack of training and understanding
       • uniqueness of each child
       • stereotypes and misconceptions about autism and cognitive disorders
       • inequity between socioeconomic levels of families in Mongolia in terms of access to intervention and attitudes from community members.
     • - referenced unpublished materials from A. Amar[5] and the parents' group Autism in Mongolia Association, summarised as follows:

Currently, children with disabilities are enrolled into special schools that were developed during the Soviet era and are staffed with faculty that have no formal training in special needs. A related challenge for ASD in Mongolia is inclusion. "Mongolia has the same laws as the U.S., but in reality it isn't happening, because they don't have qualified people or facilities."

1. Notably, in the applicant's post-hearing statement, she discloses that upon return to Mongolia she will seek (and be qualified to work) in local/international schools (as a special needs teacher), the higher education sector as well as in policy development for the Ministry of Education and Science of Mongolia. This is said to be stable employment in which she could earn AUS$2,000 to AUS$3,000 per month. She further states that:

The sole purpose of my study in Australia is to obtain an internationally recognized master's will degree that will significantly enhance my professional knowledge, skills, and global perspective. Upon completion of my studies, I intend to return to Mongolia and apply these competencies directly within the national education sector, contributing to policy development, teaching, and institutional improvement.

1. At hearing, Mrs Tserenmyadag gave evidence consistent with the above in a frank and transparent manner. She acknowledged that, in achieving the necessary competencies for her General English courses, she has been required to 're-do' some modules. She stated that she has not yet undertaken the IELTS test but believes she will be able to 'pass' it and commence her post-graduate studies on 14 September 2026.
2. The Tribunal referred to the conditional enrolment letter from Torrens University (27 November 2025) and Mrs Tserenmyadag's stated aim of completing the Master of Education (Inclusive Literacies) Advanced course there. The Tribunal enquired why she:
   • has not accepted the offer by signing and returning it
   • cancelled her enrolment in the Master's course on 2 previous occasions (25 January 2024 and 7 February 2025)
   • has not undertaken IELTS testing in attempts to meet the English proficiency requirements of the offer (that she achieve a result score of 6.5 (academic) with no skills band less than 6.0 or equivalent) in order to:
     • - gain entry to the Master's course
     • - monitor her progress towards achieving the English proficiency required by the University for entry into the Master's program.
3. The applicant responded that she has always applied herself diligently to her English studies however, due to a persisting lack of confidence in her English proficiency, she has not undertaken IELTS testing yet. When Torrens University made offers of enrolment to her in the past she did not 'feel ready'.
4. The Tribunal enquired why the applicant has enrolled in 4 General English courses (and 3 English for Academic Purposes courses) since her arrival in Australia and cancelled these enrolments on a number of occasions. Mrs Tserenmyadag responded that she was unaware of any such 'cancellations' and believed that start-dates in the official record may have been 'pushed out' due to her delay in passing prerequisite units.
5. The Tribunal enquired why the applicant has recently enrolled again in the General English course (commenced 5 January 2026) as she has previously completed English courses at the (higher) advanced level. Mrs Tserenmyadag stated that her current studies are at the intermediate level and, while her English proficiency is improving, she still lacks confidence.
6. Mrs Tserenmyadag stated that she will start actively preparing for the IELTS test (coursework to begin on 25 May 2026) with a determination to meet the English proficiency requirements of Torrens University. She stated that she has a definite intention of commencing her studies in the Master's program, on 14 September 2026, but has not formally accepted the November 2025 offer (or sat for the IELTS test) because there are so many months before that course begins. She reiterated that her lack of confidence in her English proficiency has held her back from sitting the IELTS course.
7. The Tribunal enquired whether the significant cost of the Master's program ($56,200) has been a barrier to Mrs Tserenmyadag commencing the course. She responded that the financial commitment is not an obstacle - rather, her lack of English proficiency (and inability to provide evidence to Torrens University that she meets the IELTS results requirement) is holding her back.
8. Mrs Tserenmyadag told the Tribunal that she is currently on a bridging Visa and understands the condition that she apply herself diligently to her Australian studies. She stated that she maintains 'full attendance' at her classes and has received a number of certificates. She is aware that she does not have 'work rights' attaching to her visa and has not infringed this condition.
9. In terms of her proposed employment when she returns to Mongolia, Mrs Tserenmyadag stated that she can no longer return to her former employer (Onom Secondary School) as it closed down in 2025. She now plans to return to teaching at primary school level (as a special-needs teacher) at a different school which offers a higher salary. Tribunal enquired how this 'offer of higher salary' had been communicated to her. Mrs Tserenmyadag responded that she would need to complete the Master's course before receiving such a job offer.
10. Mrs Tserenmyadag stated that she is 'not concerned' about employment opportunities as a teacher in Mongolia because there is a significant deficit in qualified teachers there. She stated that "from the Mongolian statistics information the primary school teachers are in lack of 4,300 by now and it will increase to 9,600 by 2030." And in relation to special-needs teachers there are, in Mongolia, "only 3 teachers who [have] graduated from International Schools."
11. The Tribunal enquired with Mrs Tserenmyadag whether, to teach special-needs students, she needs to achieve a post-graduate level international qualification and English proficiency. She responded that she will receive higher remuneration as a teacher in her home country if she has these skills and qualifications. She stated:

In Mongolia, the teachers who are graduated abroad are very high in demand and mostly they work in a high highly paid private schools and also there is a legal like condition that if you graduate in US abroad, the pay is different and also it is not really many people graduate from abroad.

1. The Tribunal enquired whether, in the area of special-needs, Mrs Tserenmyadag would be teaching in the English language. She responded that prestigious school (where she hopes to work) operate on a Cambridge Curriculum which requires teachers to have a level of English proficiency. She indicated that one such school, in her hometown, is Shine Ue School and she would seek employment there.

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. The issue in the present case is whether the applicant meets cl 500.212.

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. Based on the Course Evaluation letter (1 December 2025) from East Coast College, the Tribunal accepts that (notwithstanding her protracted pathway through her English studies) the applicant has consistently demonstrated dedication, positivity, and a strong commitment to improving her English skills. Based on the PRISMS record, the Tribunal finds that this dedication has resulted in the applicant (sometimes through repeated attempts) completing each of the English courses in which she enrolled. The Tribunal is satisfied that has met her visa requirement of applying herself to her Australian studies.
4. Based on the certificate from the Mongolian State University of Education (School of Teacher), the Tribunal accepts that Mrs Tserenmyadag completed a university degree, specialising in primary school teaching, in June 2011. It is accepted that thereafter, the applicant worked as a primary school teacher from September 2011 to June 2016 (earning an annual salary of AU$500) and from September 2019 2 October 2022 (earning an annual salary of AU$700).
5. While the applicant's statement to the delegate stated that:

Upon completing my [Master of Education] studies, I plan to resume my position at Onom Secondary School, focusing on mathematics and English

the Tribunal accepts the applicant's evidence at hearing, that her career pathway must now be changed because the Onom school closed down in 2025.

1. Based on the PhD research cited above, the Tribunal accepts that, within the teaching community in Mongolia there is a lack of understanding of, and training for, ASD students and a lack of opportunities for equitable education - because there is a lack of qualified people to assist special-needs children at school.
2. The Tribunal accepts statements made in the information form that the post-graduate study proposed by the applicant is relevant to her career pathway because it provides advanced, up-to-date knowledge in areas such as neurodiversity, autism practices, mental health in education and design thinking specialisations.
3. Based on the Mongolian Students' Union award received by the applicant in 2012, the Tribunal accepts that Mrs Tserenmyadag aspires to the highest level of fostering child development through her teaching. The Tribunal is satisfied that the applicant seeks to use her English and Master's degree qualifications to improve the educational opportunities for special-needs students in Mongolia when she returns there. The Tribunal weighs these factors in favour of the applicant and is satisfied that her reason for undertaking the Australian studies is genuinely for the purposes of improving special-needs education (and achieving higher-paid employment) when she returns to her home country.
4. Based on open-sourced material[6] the Tribunal accepts that, as stated by the applicant in her evidence at hearing, there is an officially authorised 'Cambridge International School' (Shine Ue) in her hometown that offers studies at 'international standards'. The Tribunal accepts that, having achieved English proficiency and a post-graduate qualification, the applicant would have sound employment prospects there (at a higher-level remuneration) given the observed deficiencies in special-needs teaching in Mongolia. The Tribunal accepts that the applicant will attract a higher-paying job in Mongolia as a result of completing her Australian studies.
5. The Tribunal considers that the above-listed factors are indicative of a person who is only a temporary entrant and wishes to return to their home country.
6. In terms of her ties to her home country, the Tribunal accepts that Mrs Tserenmyadag's mother, younger brother and son permanently reside there - as do her extended family and close friends. There is no information before the Tribunal that Mrs Tserenmyadag has equivalent family ties in Australia. It is significant to the Tribunal that the applicant owns a 3-bedroom apartment in her hometown of Ulaanbaatar and holds an interest in a family business operated by her husband and his family.
7. The Tribunal considers that these matters are strong evidence that Mrs Tserenmyadag 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.
8. On the whole, the Tribunal weighs the factors listed above strongly in favour of the applicant.
9. As to the applicant's circumstances in her home country, no evidence is before the Tribunal that her economic circumstances would present as a significant incentive for her not to return to Mongolia. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely.
10. On the basis of the above, the Tribunal is satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant meets cl 500.212(a).
11. 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 the applicant intends to comply with any conditions subject to which the visa is granted, having regard to the applicant's record of compliance with any condition of any visa they previously held, and the applicant's stated intention to comply with any conditions to which the visa may be subject.
2. A visa granted to an applicant who meets the primary criteria must have the following conditions imposed (cl 500.611(1)): 8105 (work limitation), 8202 (enrolment/course progress/course attendance), 8501 (health insurance), 8516 (continue to satisfy criteria), 8517 (dependents' education), 8532 (arrangements for under 18s) and 8533 (notify address/education provider) and 8208 (no critical technology related study without approval).
3. At the hearing, the Tribunal discussed with Mrs Tserenmyadag the conditions applying to her visa and she demonstrated an awareness of these conditions. She is not working and applies herself assiduously to her studies. The evidence before the Tribunal is that the applicant has abided by conditions of the visas issued to her on 10 November 2023 and 18 March 2025.
4. On the basis of the above, the Tribunal is satisfied that the applicant intends to comply with the conditions subject to which the visa is granted as required by cl 500.212(b).

Is the applicant a genuine applicant for entry and stay as a student because of any other relevant matter?

1. For an applicant to meet cl 500.212(c), the Tribunal must be satisfied that the applicant is a genuine applicant for entry and stay as a student because of any other relevant matter (in addition to the requirements in cl 500.212(a) and (b)). 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 the applicant 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 Applicant: Mr Mehmet Celepci (MARN: 0636137)

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] Approved by the following at Regent University (Virginia, USA) )

Alan A. Arroyo, Ed.D., Committee Chair, Professor Emeritus, School of Education

Paul Carr, Ed.D., Committee Member, Professor, School of Education

Batkhishig Baival, Ph.D., Committee Member, Country Director, Sustainable Fibre Alliance Mongolia

[2] Available at A Phenomenology of Parent and Practitioner Experiences with Autism and K-12 Education in Mongolia - ProQuest. Accessed 21 January 2026

[3] Autism Research Institute of Mongolia

[5] A. Amar, personal communication, January 26, 2017

[6] https://en.shineue.edu.mn/introduction accessed 21 January 2026