Statement of purpose is very important part of the visa application, as in most of the cases case officer will make a decision based on this information.
In most of the cases, case officer will make a decision on your case based on the guidelines but without being limited to direction provided on Ministerial Direction 69 (Click Here)
Every applicant applying for student visa to study in Australia must satisfy the Genuine Temporary Entrant Criteria. Some of the factors considered in assessing Genuine Temporary Entrant Criteria but without being limited to are:
The applicant’s circumstances:
- Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.
- For primary applicants of Subclass 500 Student visas, decision makers should have regard to the value of the course to the applicant’s future.
- 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:
When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:
- 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;
- 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;
- 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;
- 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.
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:
In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:
- The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;
- Evidence that the student visa programme is being used to circumvent the intentions of the migration programme;
- Whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;
- 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
- 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 the level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to the applicant’s future:
Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:
- 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
- Relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and
- 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.
The applicant’s immigration history:
An applicant’s immigration history refers both to their visa and travel history.
When considering the applicant’s immigration history, decision makers should have regard to the following factors:
Previous visa applications for Australia or other countries, including:
- 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
- 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.
Previous travels to Australia or other countries, including:
- 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;
- Whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
- 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
- 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
- If the primary or secondary applicant for a Subclass 500 Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant
Any other relevant matters:
- 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.
Feel free to contact one of our GTE officers if further information is required
