4 January 2024
Shisir THAPA
SUKKHANAGAR, 08 BUTWAL
RUPANDEHI LUMBINI (PROVINCE 5) 32900
NEPAL
In reply quote:
Client name Shisir THAPA
Date of birth 12 December 1992
Date of visa application 13 December 2023
Application ID 680677168
Transaction reference number EGP0JZ78AO
File number BCC2023/7265227
Visa application charge receipt number 9029809114
Transmission method Email sent to visas@bmwconsultancy.com.au
Dear Shisir THAPA
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 04 January 2024
for the following applicant:
Client name Shisir THAPA
Date of birth 12 December 1992
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-
Refused applicant
I wish to advise you that the application for this visa has been refused on 04 January 2024
for the following applicant:
Client name Manisha NEUPANE THAPA
Date of birth 12 November 1995
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.
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
Anisha
Position number: 60021147
Department of Home Affairs
The original of this letter including any attachments was sent to:
Chudamani SILWAL
BMW EDUCATIONAL CONSULTANCY
visas@bmwconsultancy.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 13 December 2023
Transaction reference number EGP0JZ78AO
Application ID 680677168
File number BCC2023/7265227
Visa application charge receipt number 9029809114
Client name Shisir THAPA
Date of birth 12 December 1992
Client ID 81901759016
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
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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 13 December 2023 and provided a
Confirmation of Enrolment (COE) to undertake the following courses of study:
Graduate Certificate in eLearning
Master of Information Systems (MISP)
The applicant provided various supporting documents including:
✃ Evidence of Academic history
✃ Evidence of English Language Test
✃ Evidence of funds
✃ Evidence of Family’s source of income
✃ Evidence of work experience
✃ Statement of Purpose
I acknowledge that the applicant has demonstrated some knowledge of living in Australia,
their intended course of study and associated education provider Higher Education
Leadership Institute Pty Ltd.
I also acknowledge that the applicant has family ties including their parents and children
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 and how this would be an incentive
for them to return but did not provide convincing evidence to support this. I have considered
the applicant’s likely earning capacity in Australia [median employee earnings were around
Student Visa Processing Centre
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
-4-
AUD$1,250 per week as of 14 December 2022) 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 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.
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 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.
Client name Manisha NEUPANE THAPA
Date of birth 12 November 1995
Client ID 89634801718
The applicant’s claims
The applicant applied for a Student (Temporary) (class TU) Student (subclass 500) visa.
Student Visa Processing Centre
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
-5-
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 500.311 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:
500.311
The applicant is a member of the family unit of a person (the primary person) who holds a student
visa, having satisfied the primary criteria for that visa, and either:
(a) the applicant became a member of the family unit of the primary person before the grant of the
student visa to the primary person, and was included in:
(i) the primary person’s application under subregulation 2.07AF(3); or
(ii) information provided in relation to the primary person’s application under subregulation
2.07AF(4); or
(b) the applicant became a member of the family unit of the primary person:
(i) after the grant of the student visa to the primary person; and
(ii) before the application was made.
In assessing your application, I note that you have applied for a student visa as a member of
the family unit of THAPA, SHISIR.
Given that THAPA, SHISIR did not satisfy the criteria for the grant of their student visa, you
do not meet 500.311 in Schedule 2 of the Regulations on the date I made my decision.
Decision
As clause 500.311 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.
Student Visa Processing Centre
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
-6-
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
Anisha
Position Number: 60021147
Department of Home Affairs
04 January 2024
Student Visa Processing Centre
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
