Yu (Migration) [2026] ARTA 74 (5 January 2026)

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

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

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

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

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

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

1. The Tribunal has before it PRISMS records relating to the applicant's enrolments and his movement records which set out his immigration history in Australia.
2. Following the hearing, the applicant provided an 'offer of internship' letter (20 December 2025) made to him by Nanjing Port Import & Export Co. Ltd.
3. In the statement he provided to the Department, the applicant explained why he transitioned from his Australian studies in business to his current (leadership and management) studies stating that "while studying Business, I found that the knowledge imparted, while valuable, didn't align practically with my future endeavours in managing businesses back in China."
4. The applicant submitted the requested visa information form to the Tribunal (containing detailed answers) which is before the Tribunal together with certificates of enrolment and:
   • a statement of Attainment from Kingsway College (11 September 2025) disclosing 5 units of competency completed by the applicant in the Advanced Diploma of Leadership and Management
   • a statement of enrolment from Kingsway College (29 August 2025) confirming the applicant's current studies (with expected completion date 14 June 2026)
   • 2 formalised certificates (not in English) one of which appears to be a Certificate of Registration (business license) issued in China
   • title deed (translated into English) disclosing the applicant as an owner of residential land in the Pukou District of Nanjing, China
   • an undated statement from the applicant (the applicant's review statement)
   • an undated submission prepared by the applicant's representative (the pre-hearing submission).
5. Notably, the pre-hearing submission addresses the following aspects of the delegate's decision:
   • lack of economic ties
   • inadequate evidence of research
   • course selection and relevance to future career plans

and concludes with observations that the applicant has a strong economic foundation in China, his study choices have been thoroughly researched, and the chosen course is closely related to his career plans.

1. In terms of the relevance of his Australian studies to his career aspirations and job prospects, the applicant's review statement claims that:
   • his family operates a family business in China (a chain restaurant management company) and there is a strong possibility that he will return to manage the family business after completing the leadership and management courses in Australia
   • his career goal is to secure a management position in a large company upon return to China. Such positions typically offer monthly salaries between RMB 15,000 and 30,000
   • should he decide to work in his family business, his current studies would directly support his daily management responsibilities. As such, the curriculum in the Advanced Diploma of Leadership and Management aligns very well with his mid-term and long-term career plans
   • completion of his Australian studies would position him well for employment in the Chinese job market (which places increasing value on overseas education and international experience) and will enable him to obtain competitive advantages seeking work in China and in reaching his target salary level there.
2. In terms of the relevance of his Australian studies to his career aspirations and job prospects, the pre-hearing submission states that:
   • as the heir to the family business (a chain restaurant management company), the applicant plans to fully engage in the management of the enterprise upon completing his studies and has already outlined detailed plans for returning to China to contribute to the growth and expansion of the business
   • the applicant's course of study at Kingsway College has a 'practical' component (that is not featured in similar courses in China) that better suits the management needs of his family-owned business
   • the 'major' curriculum at Kingsway College covers modern management theories and practices, with a particular focus on the application of international management models. This knowledge will directly help the applicant to enhance the competitiveness of the family business when he returns to China.
3. When answering questions in the visa information form, the applicant relevantly states that:
   • while in Australia he will seek out internships in finance, accounting and auditing, or asset planning firms in Melbourne (while completing his academic program)
   • upon return to China, he plans to move to Hangzhou and (relying on his overseas study and internship experience) apply for management positions in the international business departments of publicly listed Chinese companies, preferably in Sino-foreign joint ventures
   • he is interested in working with companies including NetEase and ByteDance in China because they offer highly competitive salaries and very promising career prospects. He expects to earn between AUD 120,000 and 180,000 per year because he will have:
     • - learning experience in management courses taught entirely in English
     • - overseas study experience
     • - overseas internship experience
4. The internship offer letter from Nanjing Port Import & Export Co. Ltd provided by the applicant discloses that he has been offered a 3-month trainee position focused on "internship practice and long-term professional development" with that employer. The offer letter discloses details including the following:
   • Job Responsibilities including assisting in import and export business activities related to Asia and Oceania markets; participating in import/export operations, market research, and business support tasks; supporting daily operations of e-commerce platforms and B2B cooperation channels; completing phased learning and practical assignments under company supervision, with gradual exposure to team collaboration and business coordination processes.
   • Monthly Allowance: RMB 13,000 with no sales commission during the internship period. Upon entering the regular employment development stage, the tentative arrangement (subject to final agreement) includes a monthly Base Salary of RMB 20,000 together with performance incentives based on team business performance
   • Work Location No.198 Jiqing Road, Qinhuai District, Nanjing, Jiangsu Province, China
   • Commencement Date after completion of studies and official graduation in Australia. The exact date to be confirmed through mutual agreement
   • Conditions: The offer letter is subject to a subsequent formal agreement or employment contract between both parties.

1. Mr Yu told the Tribunal that, after completing tertiary studies in China he took up an internship position and worked in finance between May 2020 and late 2021. Although he was offered a permanent position by that employer, there were fewer promotion opportunities for him there (because he had studied at a 2nd tier College) so he "didn't want to work there anymore." The Tribunal heard that the applicant reassessed his employment situation after COVID and decided that working in finance was 'not promising'.
2. Mr Yu explained to the Tribunal that the qualification in finance he had studied (September 2015 to June 2019) was awarded by Jinling College which is located on the campus of Nanjing University. He stated that his current studies (Advanced Diploma of Leadership and Management) at Kingsway College are not at a lower academic level.
3. The Tribunal heard that the applicant has now completed 12 units of his current course. During the most recent teaching semester he attended one class remotely and 3 classes on-campus each week. He stated that the classes offer him 'practical' and 'hands-on' learning. This, he said, will position him well for a career-path in China where he believes he has 2 pathways to well-paying employment.
4. The applicant stated that his preferred career path would be as a manager in a company that operates an E-trading platform. He has submitted many job applications to such companies and has secured an internship with Nanjing Port Import & Export Co Ltd. This company operates an import/export business and he hopes to progress with them through to the position of Manager Procurement. In such a position he would be leading a team of 5-8 members and making frequent contact with suppliers overseas.
5. In relation to the 'internship offer' he has received, the applicant stated that the internship would serve as a 'probation period' which, if he was found to be satisfactory, would lead to a permanent job offer. He stated that he would provide a written document outlining the 'internship offer' to the Tribunal.
6. In terms of future remuneration, the applicant stated that the internship would pay RMB 13,000 per month and a permanent position would pay between RMB 20,000 and 25,000 each week (based on commission tied to team performance).
7. The applicant stated that as a 'back-up plan' he could work in his family company.
8. Mr Yu stated that he currently works irregular hours in a restaurant and is sometimes paid for cleaning he does for his cousin. While his hours vary weekly, he takes care not to work more than 20 hours in a week.

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. At hearing, the Tribunal found the applicant to be a reliable and forthcoming witness. He was able to provide thoughtful evidence about his motivations for discontinuing his work in finance (lack of promotional opportunities) and transitioning from 'business' to 'leadership and management' studies (in order to run the family business) as well as the alternative career paths open to him when he returns to China. Whereas the submitted Statement of Attainment from Kingsway College (11 September 2025) discloses 5 units of competency completed by the applicant in the Advanced Diploma of Leadership and Management, the Tribunal accepts Mr Yu's evidence at hearing that he has now completed 12 units.
4. Based on Mr Yu's evidence and open-source information available about Jinling College (being a college located on the campus of Nanjing University) the Tribunal is satisfied that his current 'advanced diploma' studies are not at a lower academic level than studies he completed in his home country. The Tribunal accepts that the applicant was awarded a diploma-level qualification upon completing his course work in China and does not find that Mr Yu's Australian studies represent a regression in his academic pursuits.
5. Based on the 'internship offer' and Mr Yu's evidence (which is accepted) the Tribunal is satisfied that the applicant has actively sought out employment in China that will progress his career into management roles in a field in which his finance, English and leadership/management qualifications will be utilised.
6. The Tribunal accepts the applicant's evidence that his ambition lies in becoming a manager in a Chinese company that operates an E-trading platform and considers that he has taken decisive steps towards this goal through job-seeking contact with employers in China. Based on the 'internship offer' document provided to the Tribunal, the Tribunal accepts that Mr Yu has secured a 3-month internship with Nanjing Port Import & Export Co Ltd which operates and import/export business. While this is to be viewed as an offer of 'probation' the Tribunal accepts that such arrangement is a necessary (but very positive) 'first step' in the applicant pursuing his stated career goals.
7. The Tribunal formed the view that Mr Yu is genuinely determined to return to China to pursue a career with a company that operates an E-trading platform and that, if he does not gain a permanent appointment with Nanjing Port Import & Export Co Ltd (or another similar organisation) he will put his leadership/management and English qualifications to good use in work with his family company.
8. In terms of improved remuneration, the Tribunal observes that Mr Yu last worked in China as an intern and will again work as an intern upon return - earning RMB ¥ 13,000 monthly. His plan however, is to gain permanent appointment which (according to the 'internship offer') will lead to a well-paid monthly Base Salary of RMB ¥ 20,000. His remuneration may reach RMB ¥ 25,000 per month as incentives are paid based on team business performance. On an annual basis, the applicant's previous internship is disclosed as having paid AUS $36,000 whereas his annual salary after 3 months' probation, if he is appointed permanently by Nanjing Port Import & Export Co Ltd, will be in the range of AU $51,000 to AU $64,000 (according to the 'internship offer').
9. Based on the title deed provided by the applicant, the Tribunal is satisfied that he is a home- owner in the Pukou District of Nanjing, China. This indicates to the Tribunal that the applicant's ties to his home country are strong and his motivations for undertaking study in Australia are related to genuine academic achievement and career advancement. The Tribunal places significant weight on this evidence.
10. 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.
11. Mr Yu provided evidence (dated 11 September 2025) to the Tribunal, from Kingsway College listing the 5 course modules he had then completed in its Advanced Diploma of Leadership and Management since commencing study on 16 December 2024. The Tribunal is satisfied that the applicant has applied himself diligently to his Australian studies and is on-track to complete the Advanced Diploma course on 14 June 2026.
12. The Tribunal considers that these matters are strong evidence that Mr Yu is in Australia for the purposes of study as he claims and is not using the student visa program to maintain residence in Australia for a purpose unrelated to study. The Tribunal observes that the applicant has studied continuously since May 2022 (with only a minor alteration to the start-date of his Diploma of Business studies) and weighs the factors listed above strongly in his favour.
13. As to the applicant's circumstances in his home country, no evidence has been presented that the applicant's economic circumstances would present as a significant incentive for him not to return to China. There is no evidence before the Tribunal that political and civil unrest would result in the applicant choosing to remain in Australia indefinitely.
14. 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).
15. 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 conditions applying to his current bridging visa with the applicant. He was aware of these conditions, giving evidence of his understanding of the work limitation that applies, and the requirements that he engage in his study. Mr Yu stated that he works irregular hours in a restaurant and sometimes does cleaning for his cousin. While his hours vary weekly, he takes care not to work more than 20 hours in a week. The evidence before the Tribunal is that the applicant has abided by conditions of the visa issued to him on 1 August 2024.
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)). 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.

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.