1. Submissions from the applicant's representative dated 28 July 2025 2. Email dated 30 July 2025 attaching: 1. Death certificate of Tiancong Zeng dated 10 August 2022 (copy of original and translation) 2. Job advertisements (copy of originals and translations) 3. Lease agreement dated 19 June 2024 (copy of original and translation) 4. China Construction Bank account statements for the applicant's account for the period 1/6/2024 - 1/7/2025
2. The applicant and Ms Silu Liang gave evidence to the Tribunal at the hearing with the assistance of an interpreter in the English and Mandarin languages. The Tribunal received further oral submissions from the applicant's representative, Mr Jiang, at the hearing.
3. The evidence before the Tribunal is discussed below in relation to the criteria for a student visa, to the extent it is relevant.

Genuine applicant for entry and stay as a student (cl 500.212)

The applicant is a genuine applicant for entry and stay as a student because:

(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:

(i) the applicant's circumstances; and

(ii) the applicant's immigration history; and

(iii) if the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant; and

(iv) any other relevant matter; and

(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:

(i) the applicant's record of compliance with any condition of a visa previously held by the applicant (if any); and

(ii) the applicant's stated intention to comply with any conditions to which the visa may be subject; and

(c) of any other relevant matter.

Does the applicant intend genuinely to stay in Australia temporarily?

1. In considering whether the applicant satisfies cl 500.212(a), the Tribunal must have regard to Direction No 108, 'Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications', made under s 499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
   • the applicant's circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant's future;
   • the applicant's immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
   • if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
   • any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
2. The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant's circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.

1. The Tribunal has considered the applicant's reasons for not undertaking study in China. The applicant gave evidence of deciding to study in Australia after coming to Australia on a tourist visa. There is little evidence before the Tribunal of the applicant exploring options of studying carpentry in China and considering similar courses in China beyond his statement that there is a shortage of vocational training institutes in China. This is not consistent with the applicant having attended a technical college for the final 3 years of his schooling and undertaking a course in multimedia and advertising technology. The applicant submitted that courses related to carpentry and building in China were mainly degrees in civil engineering and architecture which did not fit with his plans. The applicant has however given detailed and consistent reasons in his GTE statements dated 30 October 2023 and 28 July 2025 and in his evidence at the hearing for choosing to embark on study in carpentry and building construction and for wanting to study the proposed courses in Australia.
2. The applicant gave evidence that he grew up with his uncle, Minquan Zeng, who was a carpenter and taught the applicant to make small wooden items. He stated this had a profound influence on him and inspired him to become a carpenter. He did not initially pursue a career in this area as his father disapproved and wanted him to pursue a white-collar career, which the applicant did by working in multimedia and advertising. The applicant stated that after coming to Australia and meeting friends on working holiday visas engaging in blue-collar jobs who were enjoying their work, the applicant started to explore carpentry courses online. The applicant stated he chose to study in Australia due to the quality of the vocational training institutes and higher safety standards in building and construction in Australia. He chose the proposed courses at Origin Institute because of the practical units. In his evidence, the applicant demonstrated a detailed knowledge of the proposed courses.
3. Further, the Tribunal notes that the applicant's girlfriend, Ms Liang, was in Australia at the time on a working holiday visa. The applicant's bank statements indicate that Ms Liang has been providing the applicant with some financial support this year. The Tribunal accepts it is reasonable that the applicant would want to study in Australia while he had the support of Ms Liang here. The Tribunal is satisfied the applicant's reasons for not undertaking study in China are reasonable.
4. The applicant has lost significant family ties in China in the past 3 years, with the unfortunate passing of his father in 2022 and the uncle, with whom he had lived, in 2024. He gave evidence that after his father's passing he felt more able to pursue his career of choice. He gave evidence that suffering these significant losses gave him an appreciation of how precious life is and a need to focus on his passion. He gave evidence of having one surviving uncle in China whom he contacts. He has no contact with his mother and was raised by his father after his parents separated, before going to live with his grandmother and uncle. He stated he has many friends in Xiamen and a pet cat, that is being looked after by a friend.
5. The applicant's significant family tie now is to his girlfriend, Ms Liang. Ms Liang is a Chinese citizen and a copy of her passport was provided to the Tribunal. Ms Liang also gave evidence to the Tribunal. Both the applicant and Ms Liang stated their intention to get married and start a business together when they return to China. While Ms Liang is currently in Australia, she is on a temporary working holiday visa due to expire in March 2026. She does not have a permanent right to reside in Australia. She stated her intention to return to China after her visa expires. The Tribunal accepts her evidence as true.
6. One concern was that the applicant did not declare his relationship with Ms Liang on his student visa application form. At that time they had lived together in China for a period of approximately 2 years and in Australia for a period of 2 months after being apart for approximately 5 months. The applicant explained that he was not aware of the requirements for a de facto relationship when filling in the form and thought they needed to have been living together in Australia for 12 months. The Tribunal accepts the applicant's explanation for this omission in his student visa application. The applicant provided photographs of himself and Ms Liang which he submitted showed them both in China and in Australia from 2021 until 2025. The Tribunal is satisfied that the relationship is genuine.
7. The Tribunal accepts that the family and community ties the applicant has in China are an incentive for him to return to China.
8. The applicant stated he had been able to save approximately $45,000AUD in China prior to coming to Australia. He has been able to use this amount to fund his study and living expenses while living in Australia. The applicant also receives financial support from Ms Liang, as he has been unable to work in Australia due to the conditions of his visa.
9. The applicant provided a lease dated 19 June 2024 as evidence of his right to a property in Xiamen which is currently rented at an amount of 3,000RMB per month[1]. The applicant is named as the lessor. Bank statements provided to the Tribunal show amounts equivalent to an amount of 3,000RMB / month being paid to the applicant's Chinese bank account. He stated his intention would be to live in the property with his girlfriend when he returns to China. The Tribunal accepts the applicant has rights to a property in Xiamen from which he currently derives an income. The Tribunal is satisfied that the applicant's economic circumstances in China are an incentive for the applicant to return to China.
10. The applicant gave evidence at the hearing that he does not have any military service commitments in China and he does not have any concerns about the civil or political situation in China. The Tribunal is satisfied these factors are not a disincentive for the applicant to return to China.

1. Of concern is that the applicant came to Australia on a visitor visa, granted on the basis of a short stay in Australia for the purpose of a holiday. Two months after arriving, the applicant lodged an application for a student visa with the intention of studying in Australia. The applicant gave evidence about how he came to the decision to study his proposed courses in Australia in the section above. The Tribunal accepts the applicant's explanation for the change in intention from one of being a visitor to being a student.
2. The applicant has been studying the proposed courses from January 2024. He provided evidence of completion of the Certificate III in Carpentry and evidence of his course progression and the significant work experience undertaken as part of the course.
3. The applicant provided a Confirmation of Enrolment for the Certificate IV in Building and Construction for the period 5 August 2025 - 9 March 2026. This is confirmed by the PRISMS record.[2] The Tribunal is satisfied the applicant is a genuine student and is making progress in his proposed courses.
4. The delegate referred to the applicant proposing to undertake a Diploma of Business and Advanced Diploma of Business in Australia in the decision dated 2 May 2024. The applicant gave evidence that he only ever intended to study the proposed courses and this is supported by the information contained in the student visa application and his GTE statement provided with the application. The Tribunal accepts that the applicant intended to study the proposed courses at the time of applying for the student visa. There is no evidence before the Tribunal that the applicant ever intended to study a diploma or advanced diploma of business.
5. The applicant gave evidence of making friends while being in Australia and provided photos of various gatherings. He stated many of his friends are from China and are on working holiday visas. These ties do not appear to be ties to people who have the right to remain in Australia on a permanent basis. Other than his girlfriend, the applicant does not have any family members in Australia. There is no evidence before the Tribunal of strong family and community ties with Australia that would present a strong incentive for the applicant to remain in Australia.
6. There is no evidence before the Tribunal that the applicant is using the student visa programme to circumvent the intentions of the migration programme in Australia or to maintain ongoing residence in Australia. The applicant states a clear intention to return to China at the conclusion of his course in March 2026.
7. The Tribunal is mindful that it is required to assess the applicant's intention at the time of this decision. The Tribunal accepts the applicant's stated intention to complete his studies in March 2026 and return to China with Ms Liang.

1. The applicant gave evidence of an intention to return to China and establish a carpentry-related business. The applicant provided a detailed business plan to the Tribunal proposing a creative furniture design and manufacture business also offering high-end custom renovation services in Xiamen targeted at young, high-income families and white-collar workers. He and Ms Liang intend to run the business together, with Ms Liang being responsible for the financial management of the business and the applicant providing the services and managing the advertising and marketing. The applicant estimated that initially he would be able to earn approximately $30,000 - $40,000AUD per year in the business. He estimated that within 3 to 5 years the annual income could be expected to exceed 300,000RMB (approximately $65,000AUD). The applicant provided copies of job advertisements for carpenters and furniture makers in the Xiamen area that indicate monthly salaries in the range of 8,000RMB to 14,000RMB (approximately $21,000AUD - $36,000AUD per year). The Tribunal is satisfied this is consistent with the estimated income provided by the applicant. The applicant gave evidence that he was earning approximately $50,000AUD per year prior to leaving China. He gave evidence that he found the conditions of his employment in advertising stressful and hard, often having to work overtime without pay. He stated that if he was employed in the carpentry trade he would have fixed hours and not as much stress. While noting that the applicant's anticipated initial income is lower than his previous level of income, the Tribunal accepts the applicant's explanation for the change in the course of his career and noted that the anticipated income would rise with experience.
2. The Tribunal accepts that the proposed courses are directly relevant and of value to the applicant's business plans in China.
3. The Tribunal accepts that the applicant attained a level of education in China equivalent to a high school level education, with vocational qualifications in multimedia and marketing. The proposed courses represent a progression in the applicant's educational qualifications.

1. The Tribunal has accepted the applicant's reasons as to why he applied for a student visa onshore after initially arriving on a Visitor visa. It accepts he has previously visited other countries and complied with the laws.
2. The applicant has held a visitor visa and Bridging visas while in Australia. He has had condition 8101 imposed on those visas requiring him to not engage in work. The applicant stated that he has not engaged in paid work. The Tribunal is satisfied he has complied with his visa conditions while in Australia.
3. The applicant disclosed in the SVI form that he had been refused an application for a visitor visa to travel to New Zealand. He stated he wished to travel to NZ as a tourist after having travelled in Australia. The applicant gave evidence that his applicant was refused because a financial statement he provided was not sufficiently clear.

Conclusion on cl 500.212(a) - genuine intention to stay in Australia temporarily

1. 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. The following conditions may also be imposed in some cases (cl 500.611(2)): 8535 (limited visa entitlement), 8303 (no disruptive or violent activity) and 8534 (limited visa entitlement).
3. As discussed above, the applicant has had condition 8101 imposed on all visas he has held since arriving in Australia in September 2023. The applicant has given evidence to the Tribunal that he has not engaged in paid work since arriving in Australia and has undertaken work on an unpaid basis as required part of his course the Certificate III in Carpentry. The Tribunal accepts the applicant's evidence.
4. The evidence before the Tribunal indicates that the applicant has abided by conditions of the visas he has held to date. There is no evidence before the Tribunal that he has breached any of the above conditions since his arrive in Australia in 2023.
5. The applicant stated in his GTE statement dated 28 July 2025, and verbally at the hearing, that he is committed to complying with any conditions imposed on a student visa, should one be granted to him. The Tribunal accepts the applicant has a genuine intention to comply with any conditions imposed on any visa granted to him.
6. 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 evidence of any other relevant matters before the Tribunal.

1. 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.
2. 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 Tao Jiang (MARN: 1577079)

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] The Tribunal has applied the current exchange rate of the Reserve Bank of Australia (RBA) as at 5 August 2025 to convert this amount, specifically $1 Australian dollar (AUD) being worth 4.6404 Chinese yuan / renminbi (RMB): Exchange Rates | RBA. Based on this exchange rate, 3,000RMB equates to approximately $650AUD.

[2] PRISMS is a computer system developed by the Department of Education, Skills and Employment and is used by the Department of Home Affairs as evidence of enrolment for the purposes of assessing the grant of student visas. The Tribunal accepts that PRISMS is a reliable record of enrolments unless there is specific evidence to the contrary in relation to a particular case.