3 November 2023

Mohimenul Haque AKHAND

CUMILLA, GOPALPUR, HOUSE-21, ROAD-01,
BLOCK-A, WORD-8, TITAS, GOPALPUR - 3517
CUMILLA, GOPALPUR CUMILLA 3517
BANGLADESH

In reply quote:
Client name Mohimenul Haque AKHAND
Date of birth 03 May 1996
Date of visa application 15 October 2023
Application ID 1085674992
Transaction reference number EGOZTDUJ4G
File number BCC2023/5918903
Visa application charge receipt number 9028775924

Transmission method Email sent to info@aussieconsultancy.com.au

Dear Mohimenul Haque AKHAND

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 03 November 2023
for the following applicant:

Client name Mohimenul Haque AKHAND

Date of birth 03 May 1996

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.

Student Visa Processing Centre

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

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

Deepak
Position number: 60092647
Department of Home Affairs

The original of this letter including any attachments was sent to:
Mohammed Altaf HOSSAIN
Aussie Immi And Education Consultancy
info@aussieconsultancy.com.au

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 15 October 2023
Transaction reference number EGOZTDUJ4G
Application ID 1085674992
File number BCC2023/5918903
Visa application charge receipt number 9028775924

Client name Mohimenul Haque AKHAND

Date of birth 03 May 1996
Client ID 59747877123
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)

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 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: immi.homeaffairs.gov.au/Visa-subsite/files/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

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 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.

The applicant lodged a student visa application on 15 October 2023 and provided
Confirmation of Enrolment(s) (COEs) to undertake the following courses of study:
● Master of Business Information Systems

The applicant provided various supporting documents including:

● Educational and employment documents
● Income/financial documents
● Statement of Purpose (SOP)

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

I also acknowledge that the applicant has family ties in 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, the applicant has indicated that
on completion of the course(s) they will return to their home country and begins a career
at various listed positions and how this would be an incentive for them to return but did not
provide any convincing evidence to support this.

I have also 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.

Student Visa Processing Centre

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

I have given regard to the applicant’s previous immigration history. The applicant has no
immigration/travel history of concern to Australia or any other country. As I have no further
information, this factor was not relevant to my assessment.

I have given regard to the applicant’s stated intention to abide with the conditions of their
student visa. I place some weight on that in favour of the applicant.

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
On the basis of the above, I am not satisfied that the applicant intends genuinely to stay in
Australia temporarily. Therefore, I find that the applicant does not meet paragraph 500.212(a)
of the Migration Regulations. Accordingly, I find that clause 500.212 is not met.

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

Deepak
Position Number: 60092647
Department of Home Affairs

03 November 2023

Student Visa Processing Centre

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