8 April 2024

Prabhjot SINGH
3349, Sant Nagar
Ismailabad, Kuruksetra
Kurukshetra HARYANA 136129
INDIA

In reply quote:
Client name Prabhjot SINGH
Date of birth 26 July 2004
Date of visa application 29 December 2023
Application ID 1050675994
Transaction reference number EGP0X8GM23
File number BCC2023/7597883
Visa application charge receipt number 9030052539

Transmission method Email sent to manvinder@tecedu.co.nz

Dear Prabhjot SINGH

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 08 April 2024 for
the following applicant:

Client name Prabhjot SINGH

Date of birth 26 July 2004

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

Student Visa Processing Centre

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

You have appointed an authorised recipient and are taken to have received this letter at the
end of the day it was transmitted to your authorised recipient.

Questions about this decision

We cannot consider your visa application any further.

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

Dana-florentina
Position number: 60010760
Department of Home Affairs

The original of this letter including any attachments was sent to your authorised recipient:
Manvinder SINGH
Tec Education
manvinder@tecedu.co.nz

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) Higher Education Sector
Date of visa application 29 December 2023
Transaction reference number EGP0X8GM23
Application ID 1050675994
File number BCC2023/7597883
Visa application charge receipt number 9030052539

Client name Prabhjot SINGH

Date of birth 26 July 2004
Client ID 50133882172
Visa subclass stream Higher Education 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)
● relevant information held on Departmental files.

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.

Student Visa Processing Centre

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

In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:

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 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. Further
information is available at: immiauthor.homeaffairs.gov.au/Visa-subsite/files/direction-
no-108.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

Student Visa Processing Centre

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

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 I had regard
to the following 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.

The applicant lodged a student visa application on 29 December 2023 and provided a
Confirmation of Enrolment (COE) to undertake the following courses of study:

• Bachelor of Information Technology (Information Systems)

The applicant provided various supporting documents including:

• Statement of Purpose document

• Financial documents

• Academic records

• Identity documents

I acknowledge that the applicant has demonstrated some knowledge of living in Australia,
their intended course of study and associated education provider Edvantage Institute
Australia.

I acknowledge that the applicant has family ties, including mother, to their home country
and place some weight on that in favour of the applicant. However, I have concerns that
these ties may not be a strong enough incentive for the applicant to depart Australia upon
completion of their studies. I give more weight to consideration of the applicant’s potential
economic circumstances in their home country compared to Australia and the value of the
course to the applicant’s future.

While I accept that obtaining qualifications from an Australian educational institution may
positively influence employment and remuneration prospects in an applicant’s home country,
I am not satisfied that the applicant demonstrated how they would achieve this against the
background of prevailing economic circumstances in their home country. The applicant
implied a career pathway intention in their home country. They stated "This course will further
help me in my career growth in India. As a fresh BIT (IS) graduate, I can seek job as an IT
Specialist or Systems Analyst or IT Analyst with salary range Rs 6,60,000 to Rs 7,00,000
per annum in reputed companies Like HCL, Sony Play Station, CSC India Ltd, Capgemini,

Student Visa Processing Centre

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

Hewlett-Packard, IBM India etcetera." They inferred that this would be an incentive for them
to return, but did not provide any convincing evidence to support this.

I have considered the applicant’s likely earning capacity in Australia and in their home
country. Based on the information before me, I am not satisfied the financial incentives to
return home outweigh the financial incentives to remain in Australia. I therefore place little
weight on the applicant’s implied intention.

I have given regard to the applicant’s previous immigration history. The applicant has
declared no previous travel to Australia or any other travel outside of their home country. As
there is no further information before me, this factor was not relevant to my assessment.

I have given regard to the applicant’s declaration in their application that if granted a Student
visa, they are required to understand and abide by its visa conditions. Given the applicant
has no immigration history to Australia or any other country that demonstrates compliance
with visa conditions, I place neutral weight on this in my assessment.

I have given regard to whether there is any other matter that is relevant to the assessment of
the applicant’s application. I find that there are no other relevant matters for consideration.

Conclusion
I have considered all the information provided with the visa application. Given the applicant's
circumstances, the comparatively greater economic opportunities in Australia and the
applicant’s overall situation as presented in their application, I am not satisfied that the
applicant is a genuine applicant for entry and stay as a student. Accordingly, I find that
clause 500.212 of the Migration Regulations is not satisfied.

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

Dana-florentina
Position Number: 60010760
Department of Home Affairs

08 April 2024

Student Visa Processing Centre

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