Genuine Temporary Entrant Criterion Explained

Monday 25 December 2023
An in-depth guide to understanding and assessing the Genuine Temporary Entrant (GTE) criterion for Student Visa and Student Guardian Visa applications, focusing on decision-making processes, applicant circumstances, and key assessment factors.
Genuine Temporary Entrant Criterion Explained

Here are 65 questions and answers based on the Genuine Temporary Entrant (GTE) criterion:

  1. What is a 'Genuine Temporary Entrant'?
    • A Genuine Temporary Entrant is a person who satisfies the criterion for Student visa or Student Guardian visa applications.
  2. Who does the direction apply to?
    • It applies to delegates performing functions under section 65 of the Act for assessing an applicant’s temporary entrant criterion for Student visa applications, and members of the Administrative Appeals Tribunal reviewing decisions.
  3. What must all applicants satisfy according to the direction?
    • All applicants must satisfy the genuine temporary entrant criterion.
  4. Are decision makers supposed to use the factors as a checklist?
    • No, the factors are intended only to guide decision makers in considering the applicant’s circumstances as a whole.
  5. What are decision makers supposed to assess when determining if the genuine temporary entrant criterion is satisfied?
    • Decision makers should assess by considering the applicant against all factors specified in the direction and any other relevant information provided by the applicant or available to the decision maker.
  6. When may decision makers request additional information from the applicant?
    • When closer scrutiny of the applicant's circumstances is considered appropriate.
  7. Under what circumstances might an application for a Student visa or a Student Guardian visa be refused?
    • If after weighing up the applicant’s circumstances, immigration history, and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.
  8. What should decision makers consider about the applicant's circumstances in their home country?
    • They should consider personal ties, economic circumstances, military service commitments, and political and civil unrest, among others.
  9. How should decision makers consider the value of the course to the applicant's future?
    • They should consider if the course is consistent with their current level of education and will assist the applicant to obtain or improve employment prospects in their home country.
  10. What factors indicate that the visa is intended primarily for maintaining residence in Australia?
    • If the applicant's circumstances suggest that the primary intention is to remain in Australia rather than for temporary study purposes.
  11. What should decision makers consider regarding the applicant's potential circumstances in Australia?
    • They should consider ties with Australia, evidence of using the student visa programme to circumvent migration intentions, and the applicant’s knowledge of living in Australia and their intended course of study, among other factors.
  12. How is the consistency of the course with the applicant's current education level assessed?
    • Decision makers look at the applicant's previous education and whether the intended course logically builds upon or complements the applicant's academic or career path.
  13. How does the relevance of the course to future employment affect the assessment?
    • Courses that are directly related to or enhance the applicant's career prospects in their home country or a third country are viewed favorably.
  14. How is comparative remuneration considered in the assessment?
    • Decision makers may consider the potential income the applicant could earn in their home country using the qualifications from the proposed course compared to their prospects in Australia.
  15. How are previous visa applications to Australia or other countries considered?
    • Decision makers look at the outcomes of these applications and any reasons for refusal as indicators of the applicant's immigration risk or intent.
  16. What aspects of previous travels are considered in the assessment?
    • Compliance with visa conditions, reasons for extended stays, and any history of visa cancellations or breaches are considered.
  17. What significance does a series of short courses or long duration in Australia without qualification have?
    • It might indicate that the applicant is using the study pathway as a means to maintain ongoing residence rather than for genuine academic or professional development.
  18. How does travel to other countries influence the assessment?
    • Compliance with immigration laws in other countries can indicate the applicant's general adherence to visa conditions and their likelihood to comply with Australian visa conditions.
  19. What additional considerations are there if the applicant is a minor?
    • Decision makers should consider the intentions of a parent, legal guardian, or spouse of the applicant.
  20. What falls under 'any other relevant matters' decision makers should consider?
    • Any other relevant information provided by the applicant or otherwise available to the decision maker that may be beneficial or unfavorable to the applicant’s intention to temporarily stay in Australia.
  21. How are changes in the applicant's home country's situation considered?
    • Emerging situations like economic downturns, political unrest, or natural disasters might be considered as they could affect the applicant's intention to return.
  22. What if the applicant has significant assets or family business in their home country?
    • Significant assets or family business ties are usually seen as strong incentives for the applicant to return home after their studies.
  23. How might a decision maker weigh unfavorable information against the applicant's intentions?
    • Unfavorable information will be balanced against the entirety of the applicant's profile, intentions, and evidence provided to assess the genuineness of their temporary stay.
  24. What might indicate that the applicant does not intend to return to their home country?
    • Indications might include lack of ties to the home country, unrealistic study plans, or evidence suggesting the main intent is to seek permanent residence.
  25. What if the applicant's home country offers a similar course of study?
    • Decision makers will consider why the applicant prefers to study in Australia; reasonable explanations might include course quality, international exposure, or specific academic interests.
  26. How does having family in Australia affect the assessment?
    • Having family in Australia might indicate stronger ties to the country, but decision makers will also consider the overall intention and circumstances of the applicant's stay.
  27. What if the applicant has a history of frequently changing courses or educational institutions?
    • A history of frequent changes might indicate uncertainty or misuse of the student visa for ongoing residency, requiring closer scrutiny.
  28. What role does the choice of guardian in Australia play in the assessment?
    • The choice of guardian is important to ensure the minor's welfare and support during their stay, influencing the overall assessment of the student's situation and intentions.
  29. How might sudden changes in the applicant's country, like a coup or natural disaster, influence the assessment?
    • Such changes might be seen as factors that could alter the applicant's temporary intentions, requiring an assessment of whether the change might lead to a more permanent stay in Australia.
  30. What if new information about the applicant's intentions comes to light during the application process?
    • New information would be assessed in the context of the entire application to determine its impact on the applicant's temporary entrant intentions.
  31. Does the applicant's behavior during the application process itself matter?
    • Yes, consistency and honesty in providing information, responding to inquiries, and overall behavior can reflect on their genuineness as a temporary entrant.
  32. Can community involvement or achievements in the applicant's home country affect the decision?
    • Significant community involvement or achievements might demonstrate strong ties to the home country, potentially indicating a higher likelihood of return after study.
  33. What consideration is given to the applicant's potential career opportunities in their home country post-study?
    • Career opportunities that would significantly benefit from the Australian education can indicate a genuine intent to return and apply the acquired skills at home.
  34. How is a significant change in the applicant's home country's economic or political stability considered?
    • Such changes might affect the likelihood of the applicant's return and would be considered in assessing the genuine nature of their temporary stay.
  35. What if the applicant has immediate family members who have migrated or are studying abroad?
    • Family migration patterns may influence the assessment by indicating potential longer-term migration intentions.
  36. How are previous work experiences in Australia considered?
    • Previous work experiences can indicate integration into the Australian community and might be assessed for their impact on the applicant's intent to stay temporarily.
  37. What if the applicant has a history of living in different cultural or educational environments?
    • A diverse background might indicate adaptability and could be viewed in the context of the applicant's overall international mobility and intentions.
  38. How does the applicant's intended living arrangement in Australia affect the GTE assessment?
    • Living arrangements can indicate the level of planning and commitment to a temporary stay, especially if they align with the study duration and conditions.
  39. What consideration is given to the applicant's previous study interruptions or failures?
    • Study interruptions or failures might be scrutinized for patterns that suggest a lack of genuine academic progression or misuse of the student visa for other purposes.
  40. How is a drastic change in the field of study from previous qualifications viewed?
    • A drastic change might require justification, indicating whether the new field of study aligns with genuine career or academic progression.
  41. Does participation in industry-related activities or internships in the home country affect the assessment?
    • Such participation might positively indicate career focus and commitment, aligning with genuine temporary intent for academic and professional development.
  42. What if the applicant has a history of seeking asylum or protection in Australia or another country?
    • Seeking asylum or protection might be critically assessed in the context of past and current intentions, and its impact on the temporary nature of the proposed stay.
  43. How does a history of visa compliance or breaches in Australia specifically affect the assessment?
    • A history of compliance can support the application, while breaches can raise significant concerns about the applicant's intentions and adherence to visa conditions.
  44. What is the impact of previous study or work visas in other countries on the GTE assessment?
    • Such history might indicate the applicant's international mobility and intentions, with a focus on whether past visas were used appropriately and align with the current application.
  45. How is the minor's educational progress and performance in their home country considered?
    • Educational progress and performance can indicate the seriousness of academic intentions and the potential benefit of studying in Australia.
  46. What if the minor has siblings already studying in Australia?
    • Siblings studying in Australia might be considered in understanding family education strategies and intentions regarding temporary or permanent migration.
  47. Does the age of the minor at the time of application affect the assessment?
    • The age might influence the level of scrutiny on the intentions and the role of parents or guardians in deciding and supporting the study plan.
  48. How are global or regional trends in student migration considered?
    • Trends might inform decision-makers about patterns and behaviors in student migration, influencing the assessment of the applicant's intentions.
  49. What impact do current events or changes in international relations have on the assessment?
    • Current events or diplomatic changes might affect the desirability or feasibility of returning to the home country, influencing temporary intent.
  50. How are personal achievements or community recognition in the home country evaluated?
    • Such recognition can indicate strong ties and a likelihood of return, contributing positively to the assessment of temporary intent.
  51. Does the applicant's participation in civic or political movements in their home country impact the assessment?
    • Participation might be considered to understand the applicant's ties, commitments, and potential reasons for leaving or returning to the home country.
  52. How is the applicant's history of compliance with laws and regulations in their home country assessed?
    • A history of compliance can suggest a likelihood of adhering to visa conditions and laws in Australia, reflecting positively on their temporary intent.
  53. What if the applicant has made significant investments or owns property in their home country?
    • Investments or property ownership might indicate substantial ties and economic incentives to return after studying in Australia.
  54. How might the applicant's involvement in international or community organizations be considered?
    • Involvement might demonstrate a broader network and engagements, which can be assessed in terms of the applicant's international mobility and intentions.
  55. Does the presence of immediate family members in Australia necessarily imply a weaker temporary intent?
    • Not necessarily; it's considered within the broader context of the applicant's overall circumstances and reasons for studying in Australia.
  56. How are statements of support or sponsorship from organizations or individuals in Australia evaluated?
    • They might be considered for their relevance and authenticity, contributing to the overall assessment of the applicant's intentions and support network.
  57. What if there's a significant discrepancy between the applicant's stated future plans and their past actions?
    • Discrepancies might raise concerns about credibility and require further investigation to understand the genuine nature of the applicant's intentions.
  58. Can changes in the applicant's personal life, like marriage or having children, affect the assessment?
    • Personal life changes might be considered for how they impact the applicant's future plans, stability, and ties to either the home country or Australia.
  59. How does the applicant's proficiency in English or other languages play into the assessment?
    • Language proficiency might be considered in terms of the applicant's preparedness for study in Australia and ability to integrate, affecting the perception of their temporary intent.
  60. What consideration is given to the applicant's past academic or professional achievements?
    • Achievements might indicate the seriousness and genuineness of academic intentions, supporting the temporary nature of the intended stay.
  61. How are previous cancellations or warnings from educational institutions handled?
    • Such history might raise questions about the applicant's commitment to study and compliance with institutional rules, affecting the assessment of their temporary intent.
  62. Does the applicant's participation in alumni networks or international student organizations impact the assessment?
    • Participation might be viewed as part of the applicant's academic engagement and international outlook, influencing the perception of their intentions.
  63. How are changes in the applicant's financial status or funding for study considered?
    • Significant changes might require explanation to understand their impact on the applicant's study plans and overall intent to stay temporarily.
  64. What if the applicant has had previous interactions with immigration or law enforcement in any country?
    • Such interactions might be scrutinized for their nature and outcomes, affecting the assessment of the applicant's compliance and integrity.
  65. How is a significant change in the applicant's home country's economic or political stability considered in the GTE assessment?
    • Significant changes in the applicant's home country's economic or political stability are considered as they might affect the likelihood of the applicant's return. These factors are assessed in understanding the genuine nature of their temporary stay, especially if such changes might induce a more permanent migration intent.

 

 

Quick Contact


Interested in visiting,studying,working or living in Australia?

Enter your details and we'll call you back. When it suits you.


- Please enter information in English
If your age is below 18 years, it is imperative that this form be completed by your parents.
+ Attach Your Resume (optional)