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 citizen of Philippines who was born in 19995. He arrived in Australia in September 2023 on a visitor visa and submitted a student visa application in November 2023.
2. In support of his student visa application, the applicant has also provided a range of additional documentation to the Department:
   • A copy of a Filipino Passport issued in 2019 in his name. A copy of a Filipino Birth Certificate also issued in his name.
   • Documents issued by the De La Salle-College of Saint Benilde in the Philippines relating to his education in that country including a copy of a Bachelor of Arts (Digital Filmmaking) he earned in 2018.
   • Other educational documents issued by the St James College of Quezon City and the Five Star Standard College in the Philippines. Notably this included a 'National Certificate II in Cookery' issued in 2022.
   • Two 'Certificate's of Employment' issued by former employers in the Philippines.
   • A Certificate issued by the Philippines National Bureau of Investigation.
   • A copy of several Confirmation of Health Cover documents indicating the applicant had obtained health cover in Australia.
   • A six page 'Statement of Purpose' written by the applicant (the 2023 GTE Statement).
   • Two certificates issued by Complete Hospitality Training for hospitality courses the applicant undertook in Australia in January 2024. Employment and accommodation documents, financial records and other documents pertaining to the applicant's mother and stepfather. A marriage certificate for the applicant's mother and stepfather and duplicate copes of the applicant's Birth Certificate.
   • Two Statutory Declarations, both dated 8 April 2024. These Statutory Declaration were written by the applicant's mother, and his stepfather and promise financial support for the applicant while he studies in Australia.
3. The applicant's student visa application and his 2023 GTE Statement indicated that in Australia he intended to study a Certificate III in Commercial Cookery, Certificate IV in Kitchen Management and a Diploma of Hospitality Management in Australia. The applicant's student visa application and his 2023 GTE Statement indicated he intended to pursue these courses in order to become a qualified chef. His 2023 GTE Statement indicated his intention to return to the Philippines after he completed these courses and work in the hospitality industry in that country.

1. As noted above, the applicant's student visa application was refused on 3 May 2024. and the applicant subsequently submitted the application for review to the Tribunal on 21 May 2024.
2. In July 2025, the Tribunal wrote to the applicant's representative and notified her that the applicant's case would soon be submitted to a Tribunal Member. That correspondence invited the applicant to give, in writing, all relevant information about the course(s) of study they are undertaking and their entry and stay in Australia as a student. The Tribunal requested the applicant submit this information in a Student Visa Information Form. The applicant subsequently provided a completed Student Visa Information Form to the Tribunal that had been signed by the applicant on 6 August 2025 indicating the information in the form was complete and correct.
3. The completed Student Visa Information Form contained information about the applicant; information about his education and employment before coming to Australia; information about his travel to Australia and other countries; information about his current visa application; information about his current and previous enrolment in educational courses in Australia; information about his employment and expenses in this country, and other circumstances including information about his assets, his future plans, his family, and his community ties to the Philippines. The Tribunal has considered the completed and signed Student Visa Information Form.
4. In support of his application, the applicant has also provided a large volume of additional documentation to the Tribunal:
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Certificate III in Commercial Cookery which commenced in February 2024 and ended in February 2025.
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Certificate IV in Kitchen Management which commenced in March 2025 and ended in August 2025. Copies of a Certificate IV in Kitchen Management and an Academic Record in relation to that course. Other documents provided by Clayton College pertaining to the Certificate IV in Kitchen Management.
   • An Overseas Student Confirmation-of-Enrolment Certificate for a Diploma of Hospitality Management which commenced in September 2025, and which is scheduled to conclude in March 2026.
   • A copy of 2023 Letter of Offer & Agreement from the Clayton Institute about the applicant's proposed completion of a Certificate III in Commercial Cookery, a Certificate IV in Kitchen Management, and a Diploma of Hospitality Management. Various financial records from the applicant and Clayton College about the applicant's payment of fees.
   • Certificates from the Technical Education and Skills Development Authority in the Philippines about courses completed by the applicant.
   • Financial records pertaining to the applicant's bank account at BDO Unibank in the Philippines
   • A December 2022 Training agreement for the applicant to do on-the-job training at an event venue in the Philippines.
   • An 11-page legal submission written by the applicant's representative dated 27 October 2025 (the 2025 submission)
   • A certificate of employment from a café in the Philippines. A leave request from a former employer in the Philippines.
   • A 2023 Curriculum Vitae from the applicant.
   • Various letters of support and Statutory Declaration about the applicant's character from former employers, instructors and the Senior pastor a Philippines Church.
   • Copies of various financial transactions and payments made to and by the applicant during his time in Australia.
   • A copy of a 2021 Last Will and Testament from the applicant's mother bequeathing a property in the Philippines to the applicant. A transfer Certificate of Title for land in the Philippines.
   • A copy of a 2011 Filipino Passport issued in the applicant's name. A copy of a 2006 Filipino Passport issued in the applicant's name.
   • A copy of a four-page written statement from the applicant (the 2025 GTE Statement).
   • Health documents and other records pertaining to the applicant's uncle in the Philippines.
   • Duplicate copies of various documents the applicant had provided as part of his 2023 student visa application including the National Certificate II in Cookery; other educational documents; documents pertaining to his parent's accommodation and finances; insurance records; university records, and employment documents
5. The Tribunal has considered all of the material provided by the applicant.
6. In addition to the material provided by the applicant, the Tribunal has obtained:
   • A copy of an Australian government movement record. This document contains information about the applicant's travel to Australia, his visa status in this country, and the conditions attached to his visa.
   • The Tribunal has also obtained records from the Provider Registration and International Student Management System ('PRISMS') for the applicant. These records contain information about the applicant's enrolment and study in Australia.
7. These records contained information consistent with the applicant's evidence about his study in this country and his travel to Australia, and the Tribunal places no adverse weight on these records.

1. The applicant has provided copies of Overseas Student Confirmation-of-Enrolment (CoE) certificates for three courses in Australia. These are a Certificate III in Commercial Cookery, a Certificate IV in Kitchen Management and a Diploma of Hospitality Management. The applicant has provided other documents pertaining to his studies of these courses in Australia including material from his education provider (Clayton College).
2. The PRISMS record indicates the applicant completed the Certifi_cate III in Commercial Cookery_ in February 2025, and the Certificate IV in Kitchen Management in August 2025. The applicant commenced a Diploma of Hospitality Management in September 2025 and is expected to complete it in March 2026.
3. The Tribunal accepts the applicant has completed the Certificate III in Commercial Cookery and the Certificate IV in Kitchen Management and that he is currently enrolled in the Diploma of Hospitality Management which is due to be completed in March 2026.

1. The Tribunal conducted a hearing with the applicant on 4 November 2025. During the hearing Tribunal asked the applicant various questions about her student visa application and the applicant gave oral evidence regarding these issues.

1. Direction 108 requires the Tribunal to consider the applicants circumstances in his home country. The applicant is a citizen of the Philippines who was born in that country. In the Philippines, the applicant has the political and social rights associated with citizenship. He speaks the Filipino Language and has cultural links to Philippine society. The applicant completed his education in Philippines and lived there throughout his childhood. In Philippines he studied up to the university level, completing a Bachelor of Arts (Digital Filmmaking) in his home country. The applicant's Student Visa Information Form indicates he refers to his involvement in various religious, community and social and events in the Philippines and his intention to continue to engage in such activities in the future, upon his return. The Tribunal accepts the applicant has political, social and cultural ties to Philippines.
2. According to the applicant's 2023 student visa application and his 2025 Student Visa Information Form, this applicant's father lives in Macau, while his mother, his stepfather and brother all reside in Australia, and he resides with them in this country. At his hearing, he confirmed that his mother and brother lived in Australia with his Stepfather. He said his stepfather is a citizen of Australia, and his mother and brother have become Permanent Residents of this country. He stated he has little contact with his biological father in Macau. The Student Visa Information Form also refers to other, unspecified, extended family in the Philippines. At the hearing the applicant said he had strong relationships with his stepfather's family in Australia and had been welcomed into the family by them.
3. The applicant's Student Visa Information Form asserts the applicant maintains frequent and meaningful communication with my extended family in the Philippines including his material uncle. The applicant's Student Visa Information Form argues that the applicant's uncle in the Philippines suffers from mental health problems and that the applicant was his primary caregiver for his uncle in the past and that upon return to his country, he will resume those duties. He has provided various health documents pertaining to his uncle in the Philippines. A Statutory Declaration from a Pastor in the Philippines supports his claim to have cared for his uncle and his good character. The applicant's 2025 Submission refers to his connection with his uncle and asserts that his uncle has played a 'pivotal parental role' in the applicant's life in the absence of his father. At his hearing the applicant made similar claims about his relationship with his uncle.
4. During the hearing, the applicant also asserted that he has a girlfriend in the Philippines who lives in Manila. He says the relationship commenced in 2020 and though they had separated for a time, their relationship had recommenced and his ties to his girlfriend are strong, and she awaits his return. Though the applicant referred to his ties to his girlfriend in Manila as a reason to return to his home country, the Tribunal notes that she is not mentioned in his 2023 GTE Statement or his 2025 Student Visa Information Form or his 2025 GTE Statement or his 2025 submission to the Tribunal. The applicant's 2025 submission contains a section titled 'Personal Ties in the Philippines' and in the Tribunal's view, the absence of any reference to his girlfriend in Manila in that document is particularly notable.
5. The Tribunal accepts the applicant does have family ties to the Philippines including his extended family members, a girlfriend and his uncle. However, his father lives in Macau and the applicant has little contact with him. Furthermore, the applicant's mother, his stepfather and brother all reside permanently in Australia, and he lives with them in this country. While the Tribunal accepts the applicant has family ties to the Philippines, given the presence of his immediate family in Australia, the Tribunal does not consider that his family ties to the Philippines, on their own, represent a significant incentive to return to that country.
6. The applicants 2023 Student Visa Information Form indicates that he personally does not own any property in the Philippines. However, the applicant has provided a copy of a various documents, including a Last Will and Testament from his mother, indicating he will inherit property in that country from his mother. The applicants 2025 submission refers to the applicant as the sole heir and executor of his mothers Last Will and Testament. The submission argues that the will includes a 'legally biding duty' that cannot be fulfilled from Australia. The submission also refers to the applicant's social security account in the Philippines, and his insurance in that country. While the Tribunal acknowledges the applicant's potential inheritance of property in the Philippines and the associated economic links he has to that country, the Tribunal is not persuaded that the applicant's economic circumstances in his home country, would present, on their own, as a significant incentive for him to return to the Philippines.
7. The Tribunal accepts the applicant has economic ties to Philippines. However, the Tribunal does not consider that these economic ties, on their own, represent a significant incentive to return to Philippines.
8. Direction one away requires the Tribunal to consider 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. This applicant has enrolled in culinary courses in the Philippines. He has provided a copy of a Certificate of Completion for an 'Introduction to Food and Beverage Services' course he completed in 2022 and other certificates and documents pertaining to a National Certificate II in Cookery that he completed at a cookery school in the Philippines in 2022. According to his 2023 GTE Statement, he enrolled in the National Certificate II in Cookery because of his love for the culinary arts and because he desires a career in the culinary sector in the Philippines. His GTE Statement goes on to assert that the quality of education in the Philippines is unstable, and that after discussing his motivation with other students and staff at the Philippines culinary college, he felt that he could not obtain suitable training in the Philippines. He considered other countries including the United States of America, Canada, New Zealand, Japan and the United Kingdom but ultimately concluded that the quality of training in Australia was amongst the best in the world, was more economical, and that Australia was closer to his home country. During his hearing he said that after he weighed the pros and cons, he preferred to study in Australia due to the broader curriculum available in this country, his ability to obtaining in western cuisine and because of the practical approach to training by institutions in Australia. Direction 108 indicates that Decision makers should allow for any reasonable motives established by the applicant. The Tribunal has considered the applicant's motives for study in Australia.
9. In his Student Visa Information Form and during his hearing, the applicant indicated that He did not have any concerns about returning to Philippines. He has indicated he does not have any concerns in relation to political or civil conflict in that country, nor does He have any outstanding military service obligations. He stated that He was intending to return to Philippines at the completion of his study in Australia. His 2025 submission, and his 2025 GTE Statement also indicate his clear intention to return to the Philippines upon completion of his current enrolment in March 2026.

1. Direction 108 requires the Tribunal to consider the value of the applicant's course of study in Australia to his future.
2. In the Philippines, this applicant has previously completed a Bachelor of Arts degree in digital filmmaking and according to his various documents including his 2023 Curriculum Vitae, he worked as a Branding Digital Marketing Head and Merchandise Manager between 2018 and his arrival in Australia. He has also worked in the advertising sector as a photographer and videographer. The applicant's study in Australia in the culinary and cookery sector is entirely unrelated to his prior university education and employment in the marketing sector.
3. However, Direction 108 indicates that decision makers should allow for reasonable changes to career or study pathways. As noted above, this applicant has demonstrated his interest in the culinary sector in the Philippines by completing a National Certificate II in Cookery in that country in 2022. Documents indicate his enrolment in that course was well prior to his arrival in Australia. In the Tribunal's view, his prior culinary training in the Philippines demonstrates his prior interest in training in the culinary arts, and his study in Australia is consistent with that interest. The applicant's study in Australia is also consistent with his stated desire to work in the culinary sector in the Philippines and the tribunal accepts that his training in this country would assist the applicant to obtain employment or improve his employment prospects in his home country.
4. The applicant's Student Visa Information Form indicates he expects to earn between 35,000 to 60,000 pesos per month in the Philippines as a chef and higher wages as the owner of his own restaurant. His 2023 GTE Statement cites an online website suggesting that a qualified cook can earn up over a million pesos a year in the Philippines.

1. Direction 108 requires the Tribunal to consider the applicants immigration history and whether there is any evidence that he had failed to comply with the migration laws of Australia or another country.
2. According to the applicants 2025 submission he arrived in September 2023 on a visitor visa (Tourist Stream). He arrived in this country intending a brief visit to family. However, with two months of his arrival, he had committed to years of study in Australia. The Tribunal finds this sequence of events to be of concern and questioned the applicant about it at his hearing. In response the applicant said he missed his family (mother, brother, stepfather) who had departed the Philippines in 2021 for residence in Australia and who he had not seen for the two years before he arrived. His 2023 GTE Statement refers to his evolving interest in the culinary sector his profound love of cookery.
3. The Student Visa Information Form does not disclose any prior travel before he came to Australia, however, his student visa application indicates that he visited Macau for a short visit in 2014. During his hearing the applicant stated he has also visited Hong Kong, Singapore, and Malaysia. He said he had never had a visa cancelled or refused in another country. There is no evidence before the Tribunal that that the applicant has failed to with the migration laws of any other country.
4. The applicant's student visa application and his 2023 GTE Statement indicates his intention to understand and abide by the conditions of his visa in Australia. The movement record indicates that visitor visa the applicant arrived in Australia on was due to expire on 22 December 2023, however, the applicant applied for his student visa application on 9 November 2023. There is no evidence before the Tribunal that the applicant has failed to comply with any conditions of his visa or the migration laws of this country.

1. Direction 108 requires the Tribunal to consider the applicants potential circumstances in Australia. The direction indicates that decision makers should consider whether the student visa programme is being used to circumvent the intentions of the migration programme or to maintain ongoing residence or whether the applicant has ties in Australia which would present as a strong incentive to remain in Australia.
2. The applicant has studied culinary and cookery in Australia. His student visa application and his 2023 GTE Statement indicated that he intended to return to his home country after he completed the Certificate III in Commercial Cookery, the Certificate IV in Kitchen Management and the Diploma of Hospitality Management. He has completed the first two courses and is currently enrolled in the third course which he expects to complete in March 2023.
3. The applicant's student visa application and his 2023 GTE Statement indicated he intended to pursue these courses in order to become a qualified chef. His 2023 GTE Statement indicated his intention to return to the Philippines after he completed these courses and work in the hospitality industry in that country. His 2025 Student Visa Information Form, his 2025 submission and his 2025 GTE Statement all assert he will return to the Philippines after he completes the Diploma of Hospitality Management. During his hearing he clearly stated his intention to return to his home country and said he had not considered further study in Australia.
4. At his hearing, the applicant has been able to speak fluently and clearly about his study in Australia. He was able to identify his educational institution, current course, and unit of study. He was able to describe what he was learning in the course and why he had enrolled.
5. The applicant says that he has a girlfriend in the Philippines who he intends to return too. When asked, he said he had not had any relationships in Australia. There is no evidence before the Tribunal that the applicant has entered into a relationship of concern for a successful Student visa outcome
6. As noted above, this applicant's mother, his stepfather and his brother all reside with him in Australia. Though the Tribunal has accepted the applicant has family ties to the Philippines, and the applicant has referred to his strong ties to the Philippines in his Student Visa Information Form, his 2025 GTE Statement and his 2025 submission, in the Tribunal's view, the presence of the applicant's immediate family in Australia, and his stepfathers wider family, present as an incentive for him to remain in this country.
7. Nevertheless, has noted above, the applicant has given clear, strong and consistent evidence about his intention to return to his home country in early 2026 at the completion of his current course. His intention to return is mentioned in his student visa application, his 2023 GTE Statement his 2025 Student Visa Information Form, his 2025 submission and his 2025 GTE Statement. At his hearing he also gave clear evidence of his intention to return in 2026 and that he is not considering further study in this country. While in Australia, he has studied consistently in the culinary and cookery field, a subject in which he had completed prior training in the Philippines and which he says he intends to work in the future. In the Tribunal's view, there is no evidence that the student visa programme is being used to circumvent the intentions of the migration programme or maintain ongoing residence in this country.

1. According to Direction 108, a successful student applicant must be both a genuine temporary entrant and a genuine student. 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.
2. Above, the Tribunal has considered this applicant's circumstances in Australia and in his home country, the value of his course of study to his future, and his immigration history. The applicant is a not a minor, nor has He submitted a Student Guardian application.
3. 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).

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). For visa applications made on or after 1 July 2022, condition 8208 (no critical technology related study without approval) must also be imposed.
3. As noted above, the applicant's student visa application indicates his intention to understand and abide by the conditions of his visa in Australia. His 2023 GTE Statement also refers to the conditions of his visa, and his intention to comply with them. His 2025 submission asserts he has complied with his visa conditions throughout his time in this country. There is no evidence before the Tribunal that the applicant has not complied with his visa conditions in the past, or that he would fail to do so in the future.
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 the 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)).
2. The Tribunal is not aware of any other matters relevant to this applicant's application. 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: Ms ALFE RODER

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.