30 October 2018

SUGAM
PARIDHI GROUP INTERNATIONAL
SCO 86, SECTOR 17
KURUKSHETRA HARYANA 136118
INDIA

In reply quote:
Client Name SUGAM
Date of Birth 20 February 2000
Date of Visa Application 05 October 2018
Application ID 165617846
Transaction Reference Number EGOJQL8VD9
File Number BCC2018/4335664
Visa Application Charge Receipt Number 9010436031

Transmission Method Email sent to [email protected]

Dear SUGAM

Notification of refusal of application for a Student (Temporary) (class TU) Student

(subclass 500) visa

Refused Applicant
I wish to advise you that the application for this visa has been refused on 30 October 2018
for the following applicant:

Client Name SUGAM

Date of Birth 20 February 2000

The applicant did not satisfy the provisions of the Migration Regulations 1994.

The attached decision record provides detailed information about this decision as it applies to
this applicant.

Review rights
There is no right of merits review for this decision.

Receiving this Letter

As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.

Questions about this decision

We cannot consider your visa application any further.

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -2-

Visa application charge

The visa application charge which has already been paid can only be refunded in limited
circumstances, regardless of the application outcome.

A receipt for your payment is available through your ImmiAccount.

Yours sincerely

Harriet
Position Number: 60021117
Department of Home Affairs

The original of this letter including any attachments was sent to:
Ashwiinii AHLUWALIA
Paridhi Group International
[email protected]

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 DECISION RECORD

Application details
Visa class Student (Temporary) (class TU) Student
(subclass 500)
Stream (main applicant only) Vocational Education and Training Sector
Date of visa application 05 October 2018
Transaction reference number (TRN) EGOJQL8VD9
Application ID 165617846
File number BCC2018/4335664
Visa application charge receipt number 9010436031

Client name SUGAM

Date of birth 20 February 2000
Client ID 43445545980
Visa subclass stream Vocational Education and Training 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
● relevant policy and procedural information on LEGEND
● documents and information provided 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.

A valid application for a Student visa has been made by the applicant.

A visa cannot be granted unless the relevant criteria set out 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:

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -2-

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.

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.homeaffairs.gov.au/StudyinginAustralia/Documents/
direction-no-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

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -3-

● 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 I had regard
to the following factors, consistent with clause 500.212 and Ministerial Direction No 69. 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.

I have considered the applicant’s circumstances in their home country. Applicant has
not demonstrated sufficient economic ties to their home country. I acknowledge that the
applicant has personal ties in their home country in the form of their immediate family
however I find that these ties do not, of themselves, constitute a strong incentive to return
home at the completion of the proposed study. I am therefore not satisfied that the applicant
has been able to demonstrate personal or economic ties that would serve as a significant
incentive to return to their home country.

I have considered the applicant’s potential circumstances in Australia. I have also considered
the applicant’s potential circumstances in Australia. I acknowledge the applicant has
provided a statement of purpose in support of their application. I find that they have
demonstrated limited knowledge of the proposed course content. I am not satisfied that the
applicant has shown a realistic level of knowledge regarding their potential circumstances in
Australia.

I have considered the applicants potential circumstances in Australia. The applicant has not
provided any evidence of strong personal ties to Australia that would serve as an incentive
for them to remain at the completion of their proposed study. I acknowledge the applicants
statement in their application, which states that they wish to study in Australia because of the
quality education, safe environment and they wish to improve their English skill. However,
the applicant has demonstrated limited research options in other countries or their home
country. This raises concerns regarding the applicant’s motivation to study in Australia. While
I accept and have placed weight on the fact the applicant may wish to study in an English
speaking environment and obtain an internationally recognised qualification, given they have
not substantively investigated study options in their home country I cannot be satisfied, given
their individual circumstances, that they genuinely intend a temporary stay in Australia.

I have considered the value of the course to the applicant’s future Applicant has indicated
that after the course they will return to their home country and that they expect to return
to a significantly improved employment circumstance and remuneration level. I find that
the applicant has not provided detailed or convincing testimony / evidence as to how they
would achieve this against the prevailing employment circumstances for individuals with their
current and anticipated educational background.

I have considered the value of the course to the applicant’s future. I acknowledge the
applicants study plan outlining their reasons for undertaking their intended course of study
in Australia. However, the applicant did not provide convincing testimony as to how this
Australian degree would assist them in achieving their goal in comparison to a qualification
which could be acquired domestically. Based on the available information I do not find
compelling cause for the applicant to travel to Australia at significant expense to pursue the

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -4-

proposed study when their career goals could be adequately served in their home country. I
also find that the significant cost of the course is unlikely to be offset by the potential income
derived by the applicant in their expected employment field. Therefore, I am not satisfied that
the applicant has demonstrated the value of their proposed course to their future.

I have taken into consideration the applicant’s previous immigration history. As the applicant
has no immigration history to Australia or a third country, this factor was not relevant to my
assessment.

I have considered whether there is any other relevant matter, however in this case I have
determined that there are no other relevant matters.

Conclusion
After weighing up these factors as a whole, I am not satisfied that the applicant intends
genuinely to stay temporarily in Australia.

Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for Student
visa.

Assessment against the criteria of other subclasses in class TU

As the application was not made on Form 157G (Application for a Student Guardian visa), I
have not considered the application against the subclass 590 Student Guardian visa criteria
in this visa class.

Yours sincerely
Harriet
Position Number: 60021117
Department of Home Affairs
30 October 2018

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au