Ministerial Direction No 108 – Assessing the genuine temporary entrant criterion for Student and Student Guardian visa applications sets out the factors that must be taken into account when assessing the genuine temporary entrant criterion for Student visa applications. This Ministerial Direction is made in accordance with section 499 of the Migration Act.
In summary, these factors include:
👉 the applicant’s circumstances in their home country, including the applicant’s economic situation, political and civil unrest in the applicant’s home country, the extent of the applicant’s personal ties to their home country, whether the applicant has sound reasons for not studying in their home country if a similar course is available, and military service commitments that would present as a significant incentive for the applicant not to return to their home country
👉 the applicant’s potential circumstances in Australia, including the extent of the applicant’s ties with Australia that present as a strong incentive to remain in Australia, evidence that the student visa program may be used to circumvent the intention of the migration program, whether the Student visa or the Student Guardian is being used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of concern
👉 the value of the course to the applicant’s future, including the course’s consistency with the applicant’s current education level, whether the course will assist the applicant to gain employment in their home country, relevance of the course to the applicant’s past or future employment in their home country or a third country, and remuneration and career prospects in the applicant’s home country or a third country to be gained from the
course
👉 the applicant’s immigration history, including visa and travel history for Australia and other countries, previous visa applications for Australia or other countries, and previous travels to Australia or other countries
👉 if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant.
👉 Any other matter relevant to the applicant’s intention to stay in Australia temporarily must also be considered. These factors have been weighed up to make an overall decision. In considering whether the applicant met the genuine temporary entry criterion DHA take into account these factors, consistent with clause 500.212 and Ministerial Direction No 108. The factors were used to weigh up the applicant’s circumstances as a whole, in reaching a finding about whether they satisfy the genuine temporary entrant criterion.