DECISION RECORD
Application details
Visa Class Student (Temporary) (class TU) Student
(subclass 500)
Stream (main applicant only) Independent ELICOS Sector
Date of Visa Application 13 September 2016
Transaction Reference Number (TRN) EGOCGO06ZX
Application ID 885594005
File Number BCC2016/3045611
Visa Application Charge Receipt Number 9002189611
Client Name Chalermpol HUSZEN
Date of Birth 31 October 1978
Client ID 97367425232
Visa Subclass Stream Independent ELICOS Sector
The applicant’s claims
The applicant applied for a Student (Temporary) (class TU) Student (subclass 500) visa.
Information and evidence considered
I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
decision, I have considered the following:
● relevant legislation contained in the Migration Act and Migration Regulations 1994
● information contained in the Department's Procedures Advice Manual 3
● documents and information provide by the applicant(s)
Findings
On the basis of all the information available to me, including the documents and information
the applicant provided, I find that the criteria for the grant of a Student visa are not met by the
applicant.
Reasons
I have assessed the application and the reasons for my decision are detailed below.
An application for a Student visa has been made by the applicant.
A visa cannot be granted unless the relevant criteria specified in the Migration Act and the
Migration Regulations are satisfied.
In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:
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Student Visa Centre (Western Australia)
OFFICE:836 Wellington Street West Perth WA 6005
POSTAL:Locked Bag Number 7 Northbridge WA 6865
EMAIL: wa.student.centre@border.gov.au WEBSITE: www.border.gov.au
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
(iii) of any other relevant matter.
This clause is also known as the genuine temporary entrant criterion.
Ministerial Direction No 69 - 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. Further
information is available at: www.border.gov.au/StudyinginAustralia/Documents/directionno-
69.pdf
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
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Student Visa Centre (Western Australia)
OFFICE:836 Wellington Street West Perth WA 6005