Reason 1
During the interview, you demonstrated very limited awareness about the courses that you have enrolled to study and were unable to provide a reasonable explanation for pursuing the course. It would be reasonable to expect a genuine student whose sole purpose for travelling to Australia is to undertake studies, to demonstrate comprehensive understanding of the course that they intend to pursue and provide a reasonable explanation for pursuing the intended course. The responses provided by you at the interview, demonstrate your limited awareness and understanding of the course, the benefits of the course and the reason why you wish to pursue the course.
During the interview, you demonstrated limited knowledge about your future plans or how the intended course in Australia will substantially improve your circumstances in your home country. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to demonstrate clarity regarding their future career plans and the kind of opportunities available upon the completion of the course.
Considering your age & previous education, it is reasonable to expect a genuine student to have undertaken some research into their future plans and provide a more comprehensive response as to how the course in Australia would add value to their future. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student. During the interview you demonstrated that you had conducted limited independent research into the education options available to you both in your home country, overseas and in Australia.
Further, you were unable to provide a reasonable explanation for not pursuing a similar course in your home country or for choosing Australia as your study destination. Based on the responses provided by you during the interview, I am not satisfied that you have demonstrated the level of independent research into the educational options available to you which would be expected of a genuine student.
Reason 2
Your last completed education is Senior Secondary from Higher Secondary Education Board, Australia in 2014. You have stated currently to be student with Kathmandu University. You are proposing to study Certificate IV in Business from Clarendon Business College Pty Ltd followed by Bachelor of Tourism and Hospitality Management from Academies Australasia Polytechnic Pty Ltd in Australia. Your previous educational attainments are of a level that demonstrates limited academic proficiency. Given your academic history, and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in your home country or a third country to a level that is comparable to your proposed costs.
You have provided limited information regarding your individual economic circumstances in your home country and hence it cannot be determined whether your economic circumstances now or on completion of your studies, taking into account the remuneration one could reasonably expect to receive in their home country, provides a strong incentive to return.
While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
I have also considered your potential circumstance in Australia. I note that in the statement of purpose you have demonstrated limited independent research on the chosen provider or alternate education options available to you in your home country, overseas and in Australia. I also note that you have not provided any substantial details regarding the research conducted about availability of this course in different providers in Australia apart from your current chosen provider. Considering your circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student. I therefore do not consider that you have shown a realistic level of knowledge that an applicant would be expected to know regarding their potential circumstances in Australia.
I have also considered the value of this course to your future. You have not provided strong reasons in your application as to how your proposed course will benefit your future employment or will increase your remuneration level in your home country or country of usual residence. You have not clearly shown the benefits of obtaining a qualification overseas. It therefore raises concerns that you would seek to study in a course that involves significant financial outlay and international travel. I am therefore not satisfied that you have demonstrated the value of the proposed course to your future. Therefore I am not satisfied that you have demonstrated the value of your proposed course to your future.
Reason 3
In making my assessment, I have considered your circumstances in your home country, your potential circumstances in Australia, the value of the proposed course to your future and the information provided in your application.
I have taken into account your economic circumstances relative to the economic circumstances in your home country and Australia. Based on the information provided with your application and known information about the two countries, I am not satisfied that your economic circumstances now or on completion of your studies, taking into account the remuneration you could reasonably expect to receive in your home country, provides a strong incentive to return.
While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
I note from your visa application, you have demonstrated limited independent research on the chosen provider or alternate education options available to you in your home country, overseas and in Australia. Considering your age and circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student.
You have indicated that after the course you intend to return to your home country, where you expect significantly improved employment circumstances. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course.
Given your academic ability, English language ability and the employment you could reasonably expect to receive in your home country if you completed your intended course, I find that the value of the course to your future is not commensurate with the cost of undertaking this course in Australia.
Reason 4
During the interview you were flipping through the papers while answering interview questions. You were informed not to flip the papers and instead answer questions based on your preparation. However, you continued answering interview questions from papers. At the end of the inter
view you admitted you have set of questions and answers which you are reading from. Based on the interview, I am unable to ascertain the preparation and academic ability of the student. This leads to concern on bona fide of the student.
Hence, at this stage, we are not satisfied that you can be considered a bona fide applicant for a student visa and that you genuinely intend a temporary stay in New Zealand.
Reason 5
In making my assessment, I have considered your circumstances in your home country, your potential circumstances in Australia, the value of the proposed course to your future and the information provided in your application.
I have taken into account your economic circumstances relative to the economic circumstances in your home country and Australia. Based on the information provided with your application and known information about the two countries, I am not satisfied that your economic circumstances now or on completion of your studies, taking into account the remuneration you could reasonably expect to receive in your home country, provides a strong incentive to return. While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
I note that in the statement of purpose you have demonstrated limited independent research on the chosen provider or alternate education options available to you in Australia. I also note that you have not provided any substantial details regarding the research conducted about availability of this course in different providers in Australia apart from your current chosen provider. Considering your age and circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student.
You have indicated that after the course you intend to return to your home country, where you expect significantly improved employment circumstances and remuneration level. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course.
Given your academic history and the employment and remuneration you could reasonably expect to receive in your home country if you completed your intended course, I find that the value of the course to your future is not commensurate with the cost of undertaking this course in Australia.
Reason 6
Considering you had spent almost nine years in USA, you were requested to provide a Police Clearance Certificate from Federal Bureau of Investigation, USA on 27 April 2016 to assess you against the requirements of Public Interest Criteria 4001. You were also sent a reminder email on 3rd May 2016 and 13th May 2016 to provide requested additional documents.
On the 15th May’ 2016, you informed the department via email that you will be unable to provide the Police Clearance Certificate from Federal Bureau of Investigation, USA and requested the department to take a decision on your student visa application without the PCC.
You were provided reasonable opportunities and time period to provide the additional relevant information requested by the department, however you were unable to provide the same; In the absence of complete information, I am unable to be satisfied that that you meet the Public Interest Criteria 4001 . Therefore I am not satisfied that you meet the requirements for grant of a Student (Temporary) (Class TU) visa.
Reason 7
In making my assessment, I have considered your circumstances in your home country, your potential circumstances in Australia and the value of the proposed course to your future.
Your previous educational attainment in Class XII in 2015 with the Nepal Secondary Education Board in the core subjects are of a level that demonstrates limited academic proficiency. You have provided evidence of an English Language Test that shows limited English language ability. Given your academic history and limited English language ability, and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in India or a third country to a level that is comparable to your proposed costs.
You have indicated that after the course you intend to return to Nepal where you expect significantly improved employment circumstances. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. I am not satisfied from the information you have provided that this course will improve your employment.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in Nepal. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Therefore, when considering your circumstances in your home country, your potential circumstances in Australia and the value of the course to your future, I am not satisfied that you are a genuine temporary entrant, who would comply with the conditions of their visa, if granted.
Reason 8
You have indicated that after the course you intend to return to your home country, where you expect significantly improved employment circumstances. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. I am not satisfied from the information you have provided that this course will improve your employment and remuneration circumstances. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia.
Whilst I note that you have stated in your statement of purpose that post completion of studies from Australia you have indicated that you will return to your home country and intend to work for a leading multinational company. However, you have not elaborated on the same and this demonstrates lack of clarity in your future plans. Given the cost of undertaking studies overseas, it is reasonable to expect a genuine student whose sole purpose is to undertake studies, to provide a clear explanation about how the courses in Australia would add value to their future.
While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your the courses that you intend t
o pursue in Australia and your current circumstances in your home country I am not satisfied that you have the intention and capacity to pursue further education in Australia in the course you have applied for.
Therefore, when considering your circumstances in your home country, your potential circumstances in Australia and the value of the course to your future, I am not satisfied that you are a genuine temporary entrant, who would comply with the conditions of their visa, granted.
Reason 9
I note that you have stated “Yes” at Question 80, of your visa application form 157A which states “Previous Visa Applications – Have you, or any person included in this application previously applied for any type of Australian visa?” And you have declared details about your spouse previous student visa – subclass (TU – 572) which was applied on 22/12/2008 and was refused on 07/05/2009 respectively.
However records available with the department substantiate that your spouse had previously also applied for a Business Visitor (FA-600) on 26/06/2014, which was refused on 09/07/2014 respectively. It was noted that you have not declared your previous visa refusal in the current application.
On 6th April 2016 the department sent an email to your authorised email contact mentioned in the current application and you were provided an opportunity to comment on the adverse findings and request for waiver.
You provided a written response to our office on 07/04/2016 in relation to the adverse findings. As per the information received you claim that you did not inform the department about your refusal as you did not remember the details and that you have misplaced the refusal letter and so you did not have exact details of your spouse’s previous visa application.
Whilst I have considered the information provided in your response to invitation to comment on adverse findings, I place weight on the fact that onus is on the applicant(s) to provide sufficient and correct information and satisfy the decision maker that they meet the genuine temporary entrant criterion. Therefore it is very important that applicant(s) ensure that they include sufficient, clear and genuine supporting information with their application in the first instance. In the response provided by you to the department, I note that you have not credibly addressed the reasons of the adverse findings or provided any details for a waiver.
Given the above I am of the opinion that you have provided information that is false and misleading to this department. As such you fail to meet the requirements of public interest criteria 4020 and as such are subject to a three year exclusion period under this provision.
I do not consider that there are any grounds with respect to PIC 4020 (4) that justify granting the visa at the current time. As such I find that regulation 573.224(a) is not met.
I am satisfied that you have provided misleading information to this department. I have significant concerns regarding the genuineness of your application. As such you fail to meet the requirements of public interest criteria 4020 and are subject to a three year exclusion period under this provision.
Reason 10
I have considered all the factors set out in Ministerial Direction No 53 in my assessment of this application. In making my assessment and determining the weighting afforded to each factor I have considered all the information provided by the applicants in support of their application.
You have lodged a Subclass 573 student visa application on 31/03/2016 to pursue Advanced Diploma of Information technology Business Analysis from George Education Group Pty Lrt followed by Bachelor of Interactive Media from Wentworth Institute.
In making my assessment, I have considered your previous studies, employment history and information provided by you in support of your application. You have provided evidence of an English Language Test that shows limited English language ability. Your previous educational attainment is of a level that demonstrates limited academic proficiency.
I note that in support of your visa application, you have provided the reasons for choosing the course, course provider and Australia as your study destination
According to the answers provided in your application, you have not provided any substantial explanation for choosing the same. Further noted, you have provided generic explanation for choosing Australia for your further studies. It is reasonable to expect a genuine student whose sole purpose is to undertake studies to provide a comprehensive response for opting to study the proposed course(s) from Australia.
You failed to demonstrate any detailed research conducted for alternate education options available to you for similar courses in Nepal, other countries or Australia. You have not demonstrated any substantial research conducted for the preferred provider. It is reasonable to expect a genuine student to have independently researched the overseas course, and provide a comprehensive response for opting to study the proposed course.
Whilst I note that you have stated in your statement of a purpose that post completion of studies from Australia you are certain that you will get deserving qualified job in the related field. However, you have not elaborated on the same and this demonstrates lack of clarity in your future plans.
Based on the evidence provided in the application in relation to your previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Therefore, when considering your circumstances in your home country, your potential circumstances in Australia and the value of the course to your future, I am not satisfied that you are a genuine temporary entrant, who would comply with the conditions of their visa, if granted.
Reason 11
Your previous educational attainment in Class XII with the Higher Secondary Education Board, Nepal is of a level that demonstrates limited academic proficiency. Given your academic history and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in Nepal or a third country to a level that is comparable to your proposed costs. In your application, you have not provided any plausible explanation for how you propose to cope up with higher level of education in a foreign country.
In the statement you demonstrated limited independent research on the chosen provider or alternate education options available to you in your home country, overseas and in Australia. I note that you have not provided any substantial details regarding the research you have conducted about availability of this course in different providers in Australia apart from your current chosen provider. Considering your age and circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student.
I am not satisfied from the information you have provided that this course will improve your employment and remuneration circumstances. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in N
epal. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Reason 12
You have lodged a Subclass 573 student visa application on 29/02/2016. You intend to pursue English for Academic Purposes from Browns English Language School Pty Ltd and Master of Professional Accounting from University of Sunshine Coast.
As per the information provided in the application, I note that you have previously completed Year 10 in 2003, Year 12 in 2005, Bachelor of Business Studies in 2011 followed by a Master of Business Studies in 2015 from Tribhuvan University. Your previous educational attainments are of a level that demonstrates limited academic proficiency. Further your written statement does not provide any plausible details of how you propose to cope up with higher level of education in a foreign country. You have provided evidence of an English Language Test that shows limited English language ability. Given your academic history and limited English language ability, I am not satisfied that the intended course will substantially improve your circumstances in your home country or a third country to a level that is comparable to your proposed costs.
I have taken into consideration that you were employed as an Accountant with Universal Medical Health Care Centre (P) Ltd from January 2014 till August 2015. I find that in your application you have not clearly demonstrated the benefit that undertaking the proposed courses in Australia would provide to your career prospects. Your responses also indicate limited clarity regarding your future plans. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student. Given the cost of undertaking studies overseas, it is reasonable to expect a genuine student to provide a clear explanation about how the courses in Australia would add value to their future.
In the statement you demonstrated limited independent research on the chosen provider or alternate education options available to you in your home country, overseas and in Australia. I note that you have not provided any substantial details regarding the research you have conducted about availability of this course in different providers in Australia apart from your current chosen provider. Considering your age and circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student.
While you have personal ties in home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
Reason 13
In making my assessment, I have considered your circumstances in your home country, your potential circumstances in Australia and the value of the proposed course to your future.
I note that in support of your visa application, you have provided a statement of purpose. However, in the statement you have not demonstrated substantial research into the reasons for choosing Australia as your preferred study destination. Further you have demonstrated limited independent research on the chosen provider or alternate education options available to you in your home country, overseas and in Australia. I also note that you have not provided any details regarding the research you have conducted about the availability of this course in different providers in Australia apart from your current chosen provider. Considering your age and circumstances, I am not satisfied that you have conducted reasonable research into education options available to you in Australia which would be expected of a genuine student.
I have considered your potential circumstances in Australia. You are proposing to undertake a Bachelor of International Studies in Australia. I note that you already hold a Bachelor’s degree and intend to pursue the same level course, however have not provided an elaborate and credible explanation for the same. I acknowledge the statement you have provided in support of your application, however you have not provided any details regarding your intended course – what it entails and your living arrangements. I therefore do not consider that you have shown a realistic level of knowledge that an applicant would be expected to know regarding their potential circumstances in Australia.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in Nepal. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your previous academics, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Reason 14
Your previous educational attainment in Year 12 with the Higher Secondary Education Board, Nepal in the core subjects are of a level that demonstrates limited academic proficiency. I further note that you have scored a bare minimum pass score of 35% in Economics in the second attempt. You have provided evidence of an English Language Test that shows limited English language ability. Given your academic history and limited English language ability, and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in your home country or a third country to a level that is comparable to your proposed costs.
You have indicated that after the course you intend to return to your home country, where you expect significantly improved employment circumstances and remuneration level. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. Therefore, I am not satisfied from the information you have provided that this course will improve your employment and remuneration circumstances. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia.
While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. As such, I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country, I question your intention and capacity to pursue further education in Australia.
Reason 15
Our previous educational attainment in the Proficiency Ce
rtificate level course and the Bachelor’s in Humanities & Social Sciences is of a level that demonstrates limited academic proficiency. Given your academic history and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in Nepal or a third country to a level that is comparable to your proposed costs.
You have indicated that after the course you intend to return to significantly improved employment circumstances and remuneration level. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. Therefore, I am not satisfied from the information you have provided that this course will improve your employment and remuneration circumstances. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in Nepal. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country raises concerns about your intention and capacity to pursue further education in Australia.
Reason 16
Your previous educational attainment in Class XII with the Higher Secondary Education Board in the non-core/core subjects are of a level that demonstrates limited academic proficiency. You have provided evidence of an English Language Test that shows limited English language ability. Given your academic history and limited English language ability, and the remuneration you could reasonably expect to receive in your home country compared to the costs of your proposed course and living costs in Australia I am not satisfied that your intended course will improve your employment prospects or will increase your remuneration level in Nepal or a third country to a level that is comparable to your proposed costs.
You have indicated that after the course you intend to return to NEPAL, where you expect significantly improved employment circumstances and remuneration level. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. I am not satisfied from the information you have provided that this course will improve your employment and remuneration circumstances. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in Nepal. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Reason 17
In making my assessment, I have considered your circumstances in your home country, your potential circumstances in Australia and the value of the proposed course to your future. Your last completed your Class 12 in year 2008 and Bachelors’ Degree in Business Studies in year 2012. You have also stated to have worked as Receptionist with Shrestha Holidays from Mar 2012 to May 2012, in Marketing with Time Pharma from May 2012 to May 2014 and a Data Entry job in Jobs Nepal from Aug 2014 to Oct 2014.
Based on the evidence provided in the application in relation to your overall previous academic performance, the courses that you intend to pursue in Australia and your current situation in your home country cause me to question your intention and capacity to pursue further education in Australia.
You have indicated that after the course you intend to return to Nepal, where you expect significantly improved employment circumstances. That information is inconsistent with the prevailing employment circumstances for individuals with your current and anticipated educational background if you completed your course. I am not satisfied from the information you have provided that this course will improve your employment circumstances.
While you have personal ties in Nepal, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in Nepal I am concerned that your intention to live in Australia is motivated by factors other than study.
Reason 18
In making my assessment, I have considered your previous study history, the responses provided by you during the interview held with the Department and circumstances in your home country. As per the information provided in the application, you have previously completed Grade XII from Higher Secondary Education Board Nepal in the year 2014. You now intend to pursue Advanced Diploma of Accounting from Academies Australasia Institute Pty Ltd.
In your application, I note that you were contacted by the department for an interview on 22 December 2015. During the interview you were asked to elaborate on the course contents and subjects that you would study as a part of your course. You demonstrated limited knowledge about the contents of the course. Your response was generic and reflected limited research into the course contents. You were further unable to provide a reasonable explanation for not pursuing the intended courses from your home country. When asked regarding your future plans, you were unable to provide a comprehensive response. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the overseas course, provide a comprehensive response for opting to study the proposed course and demonstrate basic awareness regarding their proposed course. Also, given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to demonstrate clarity regarding their future career plans and the kind of opportunities available upon the completion of the course.
Further, you demonstrated limited independent research undertaken regarding the alternate education options available to you in Australia and no research conducted regarding education options available in alternate countries. Further, you provided generic reasons for choosing the intended education provider. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the provider options within their home country, overseas and in Australia. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
In addition to the responses p
rovided by you during the interview, I have also considered your previous academic performance, the course that you intend to pursue in Australia and your current situation in your home country which cause me to question your capacity to pursue further education in Australia. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia, particularly considering that similar courses are available in your home country.
Reason 19
Your previous educational attainment in Class XII with Higher Secondary Education Board, Nepal is of a level that demonstrates limited academic proficiency. Given your academic history, I am not satisfied that your intended course will improve your employment prospects in your home country or a third country to a level that is comparable to your proposed costs.
I note that in support of your visa application, you have provided a statement of purpose listing the reasons for choosing the course, course provider and Australia as your study destination. However, you have provided generic explanation for the same. Similarly, in your visa application, you have not reasonably demonstrated your future plans upon completion of the intended course(s). Given your age, circumstances in your home country and the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student whose sole purpose is to undertake studies to provide a comprehensive response for opting to study the proposed course(s) from Australia and to provide a clear explanation about how the courses in Australia would add value to their future.
While you have personal ties in your home country, I find that these ties do not, of themselves, constitute a strong incentive to return home when considered against your economic circumstances and employment prospects in your home country. I am concerned that your intention to live in Australia is motivated by factors other than study.
Based on the evidence provided in the application in relation to your previous academic performance, the courses that you intend to pursue in Australia and your current circumstances in your home country I question your intention and capacity to pursue further education in Australia.
Reason 20
In making my assessment, I have considered your previous study history, the responses provided by you during the interview held with the Department and circumstances in your home country. As per the information provided in the application, you have previously completed Senior Secondary from Higher Secondary Education Board in the year 2011. You were then employed with XXXXX Education Foundation from 26/12/2011 – 31/12/2014. You now intend to pursue Certificate IV in Accounting, Diploma of Financial Planning and Bachelor of Applied Finance from Technical and Further Education Commission.
In your application, I note that you were contacted by the department for an interview on 17/08/2015. During your interview, you were unable to provide a reasonable explanation for gap in studies. When asked about the reasons for discontinuing your studies and intending to resume it now after a gap of 4 years, you provided vague response. You were further unable to demonstrate any independent research undertaken while choosing Australia as your preferred destination to pursue your further studies. When asked regarding the total expenditure of going to Australia for your further education, you demonstrated no awareness. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the overseas course, provide a comprehensive response for opting to study the proposed course and demonstrate basic awareness regarding their proposed course.
Further, you demonstrated no independent research undertaken regarding the alternate education options available to you in Australia and in alternate countries. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the provider options within their home country, overseas and in Australia. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
Reason 21
You have lodged a Subclass 573 student visa application on 28/09/2015. You intend to pursue English (ELICOS), Diploma of Computing and Bachelors of Information Technology from Deakin University.
In making my assessment, I have considered your circumstances in your home country along with your potential circumstances in Australia.
Based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance, the courses that you intend to pursue in Australia and your current situation in your home country cause me to question your intention and capacity to pursue further education in Australia.
I further note that in the application, you have not provided any substantial reasons for not undertaking a similar course that is widely available in your home country. I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia, particularly considering that similar courses are available in your home country.
Reason 22
In making my assessment I have considered your previous studies, responses provided by you at the interview and circumstances in your home country. As stated in your visa application form 157A, you have previously completed Year 10 in 2006, Year 12 in 2008 and a Bachelor of Business Studies in 2012 and have not furthered your studies since. You claim to have been employed as an Accountant at Tripurasundari Construction from April 2012 to 2015. You intend to pursue a Bachelor of Commerce (Accounting) from the University of the Sunshine Coast.
An interview was undertaken by the Department on 18 August 2015 to assess your suitability for a genuine temporary entrant to Australia.
During the interview, you demonstrated limited knowledge about your future plans or how the course in Australia will substantially improve your circumstances in your home country. For example, when asked about your future plans upon completion of the course, you provided a generic response and stated “I plan to return to my country and work in one of the leading commercial bank or multinational company.” However, you provided no further information about the leading commercial banks or multinational companies that you would like to work for as part of your proposed future employment. Further, when asked what jobs and job profiles would be available to you as part of your proposed future employment in your home country subsequent to the completion of your course, you were unable to provide any significant details and stated “accounting expert.” Given your previous academic and employment background along with the cost of undertaking studies overseas, it is reasonable to expect a genuine student to have undertaken some research into their future plans and provide a more comprehensive response as to how the course in Australia would add value to their future. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
In making my assessment I have also considered your previous academic performance. Given
that you scored 45% in the Bachelor’s course in your home country, when asked how you would cope with further studies in Australia, you were unable to provide any reasonable reasons and stated “I have labour more hard, I will focus more on studies.” When asked into the reasons for not labouring hard while pursuing the three year bachelor’s course in your home country, you were unable to provide a reasonable response and stated “I labour hard here to but I couldn’t secure good marks so I want to focus more on studies this time.” Based on the responses provided by you at the interview, the evidence provided in the application in relation to your previous academic performance in your Bachelor’s course and the courses that you intend to pursue in Australia cause me to question your intention and capacity to pursue further education in Australia.
Further, during the interview you demonstrated that you had conducted limited independent research into the education options available to you both in your home country, overseas and in Australia. Based on the responses provided by you during the interview, I am not satisfied that you have demonstrated the level of independent research into the educational options available to you which would be expected of a genuine student.
Reason 23
You have lodged a Subclass 572 student visa application on 4/06/2015. You intend to pursue Certificate III in Accounts Administration, Certificate IV in Accounting, Diploma of Accounting followed by Advanced Diploma of Accounting from Department of Training and Workforce Development
In making my assessment, I have considered your previous studies, information provided in your application and circumstances in your home country along with your potential circumstances in Australia
As per the information provided in your visa application, you previously completed Year 12 in 2012 and have not furthered your studies since. You claim to be employed in a marketing department from September 2012 to December 2014
I note that you have submitted a written statement of purpose (SOP) in your application. However, you have not demonstrated any independent research undertaken regarding the intended course and have not demonstrated any research conducted regarding alternate education options available to you in alternate countries. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the provider options within their home country, overseas and in Australia.
Further you have not clearly demonstrated the benefit that the proposed courses in Australia would provide to your future career prospects. Given the cost of undertaking studies overseas, and in the absence of a clear explanation of how these courses would substantially improve your circumstances in home country, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student
I have also considered that upon completion of the course in Australia, the potential remuneration that you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia, particularly considering that similar courses are available in your home country.
Based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance, the courses that you intend to pursue in Australia and your current situation in your home country cause me to question your intention and capacity to pursue further education in Australia.
Reason 24
In making my assessment, I have considered your circumstances in your home country, previous application along with your potential circumstances in Australia.
I note that you have previously lodged a student visa application Subclass 573 on 25/05/2015 which was subsequently refused on 23/06/2015. With your previous application the case officer was not satisfied regarding your intention and capacity to pursue further education in Australia based on the evidence provided in the application in relation to your English language proficiency skills, previous academic performance and the courses that you intended to pursue in Australia.
I have considered the statement of purpose which you have provided with the current application. However, I note that you have not adequately addressed all the reasons for previous refusal or provided any evidence to indicate that your circumstances have substantially changed since the previous application.
Therefore, when considering your circumstances in your home country, your potential circumstances in Australia and the value of the course to your future, I am not satisfied that you are a genuine temporary entrant, who would comply with the conditions of their visa, if granted.
Reason 25
In making my assessment, I have considered your circumstances in your home country along with your potential circumstances in Australia. You have previously completed year 12 in 2014 and you now intend to pursue English Language Programs from Academy of English Pty Ltd, Certificate II in Business, Certificate III in Business, Certificate IV in Business, Diploma of Management and Advanced Diploma of Management from Academies Australasia Institute Pty Ltd.
You were contacted by the Department for an interview on 22 July 2015 for an interview. During the interview you demonstrated limited independent research undertaken regarding the course and education options available to you in Australia, in your home country and other countries. You stated that you researched independently on net about the providers in Australia and since you were unable to get admission in Federation University and Charles Darwin University for Bachelor course, you opted the provider – Australasia Institute Pty Ltd. you decided to pursue the proposed packaged courses. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to have independently researched the provider and the proposed course options within their home country, overseas and in Australia.
Also you were unable to demonstrate awareness about the course structure and provided names of some of the subjects of the proposed courses. It would be reasonable to expect a genuine student whose sole purpose for travelling to Australia is to undertake studies, to demonstrate basic awareness of the courses that they intend to pursue and provide a comprehensive response for opting to study the proposed course.
Further when asked regarding your future plans, you stated that you intend to pursue Bachelors in Australia and after completing Bachelors you will come back to your home country and intend to start your own business related to tourism. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to demonstrate clarity regarding their future career plans and the kind of opportunities available upon the completion of the course.
I further note that in the application, you have not provided any substantial reasons for not undertaking a similar course that is widely available in your home country. I have also considered that upon completion of the course in Australia, the potential remuneration that
you would expect to receive in your home country is not commensurate with the cost of undertaking this course in Australia, particularly considering that similar courses are available in your home country.
Reason 26
As per the information provided in your visa application, you have previously completed your class 12 in year 2013. You now intend to study Certificate
III in Travel, Certificate IV in Travel and Tourism, Diploma of Travel and Tourism and Advanced Diploma of Travel and Tourism from Academies Australasia Institute Pty Limited.
In your application, I note that you were contacted by the department for an interview. During your interview, you were unable to provide any substantial response for not undertaking a similar course that is widely available in your home country. Further, you were also asked about the research you have conducted about the availability of this course in different providers in Australia and other countries. You indicated that you have conducted limited research into other institutes in Australia however you could not demonstrate any independent research conducted into providers in other countries. Based on the responses provided during the interview, I am not satisfied that you have demonstrated the level of independent research into the educational options available to you which would be expected of a genuine student.
During the interview you provided a generic response for choosing Australia as your study destination. The response provided by you at the interview demonstrates your lack of understanding the reason why you wish to pursue the course in Australia.
Further you were also unable to provide reasonable information on the skills that you would gain after your course completion. Given the cost of undertaking studies overseas, it is reasonable to expect a genuine student whose sole purpose is to undertake studies, to provide a clear explanation about how the courses in Australia would add value to their future.
Reason 27
In making my assessment I have considered your previous studies, responses provided by you at the interview and circumstances in your home country. As stated in your visa application form 157A, you have previously completed Year 10 in 2007, Year 12 in 2009 and a Bachelor’s Degree in Business Studies in 2012 and have not furthered your studies since. You are currently unemployed and claim to have previously been employed as an Accountant at Lotus Saving and Credit Co-operative Ltd from March 2013 to September 2014. You intend to pursue a Bachelor of Business (Management) from the University of the Sunshine Coast.
An interview was undertaken by the Department on 23 January 2015 to assess your suitability for a genuine temporary entrant to Australia.
During the interview, you demonstrated very limited awareness about the course that you have enrolled to study and were unable to provide a reasonable explanation for pursuing the course. For example, given that you have previously completed a Bachelor’s Degree in Business Studies in your home country and intend to pursue a similar level course, when asked what the difference in the two courses are, you were unable to provide any relevant details and stated “Well it will be little different . I am just applying. I want to complete the course. I have applied for Bachelor of Business Management.” Further, when asked what factors influenced your decision to pursue a similar level course rather than a higher level course like an MBA, you were unable to provide a reasonable response and stated “My agent told me to apply for Bachelors.” It would be reasonable to expect a genuine student whose sole purpose for travelling to Australia is to undertake studies, to demonstrate comprehensive understanding of the course that they intend to pursue and provide a reasonable explanation for pursuing the intended course. The responses provided by you at the interview, demonstrate your lack of awareness and understanding of the course, the benefits of the course and the reason why you wish to pursue the course.
Further, during the interview, you were unable to provide a reasonable explanation for choosing Australia as your study destination or demonstrate knowledge about your future plans and how the course in Australia will substantially improve your circumstances in your home country. For example, when asked into the reasons for not pursuing a higher level qualification in your home country and for preferring to pursue a similar level course in Australia, you were unable to provide a reasonable explanation and stated “I can complete Master’s degree in my own country but Australia has better climate to study. It provides quality education.” Further, when asked about your future plans, you stated “After completing Bachelor’s degree, I will be joining MBA (Masters in Business Administration). After completing MBA, I will apply for post study work visa. It will provide me with good understanding of job market in Australia. After that I will get back to my home country.” However, you provided no further information of what you intend to do subsequent to returning to your home country or the job opportunities available to you upon completion of your studies in Australia. Given the cost of undertaking studies overseas, it is reasonable to expect a genuine student to have undertaken some research into their future plans and provide a more comprehensive response as to how the course in Australia would add value to their future. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
Further, during the interview you demonstrated that you had conducted limited independent research into the education options available to you both in your home country, overseas and in Australia. Based on the responses provided by you during the interview, I am not satisfied that you have demonstrated the level of independent research into the educational options available to you which would be expected of a genuine student.
Reason 28
In making my assessment I have considered your previous study, responses provided by you at the interview and circumstances in your home country. As per the information provided in your visa application, you have completed Year 10 in 2006, year 12 and Dental Hygienist in 2013. You propose to study Diploma of Nursing from Careers Australia Education Institute Pty Ltd in Australia.
I note that you were contacted by the department for an interview on 31 March 2015. During the interview, you were unable to demonstrate awareness regarding your proposed study in Australia. For instance, when asked for the reasons for opting to study the proposed course as it is a shift from your previous study in dentistry, you were unable to provide a reasonable explanation. You were unable to provide a reasonable explanation for the five year gap in your studies from 2007-2012. When asked to state regarding the proposed course structure, you were unable to demonstrate real awareness It would be reasonable to expect a genuine student whose sole purpose for travelling to Australia is to undertake studies, to demonstrate basic awareness of the courses that they intend to pursue and provide a comprehensive response for opting to study the proposed course.
During the interview, you were unable to demonstrate clarity regarding your future plans and how the proposed course will substantially improve your circumstances in your home country. For instance, when asked regarding your future plans and the skills you would obtain from the course upon completion, you stated that you intend to return to your home country and join any nursing homes or Polyclinics. You were unable to elaborate as to how you would use the skills obtained from the course in nursing besides bringing cheer to patients. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to demonstrate clarity regarding their future career plans and the skills they would obtain from the intended course.
I also note you were unable to provide any reasonable explanation as to why you intended to study the proposed course in Australia when similar level courses are also available in your home country
.
Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
Reason 29
During the interview, you demonstrated very limited awareness about the courses that you have enrolled to study and were unable to provide a reasonable explanation for pursuing the course. It would be reasonable to expect a genuine student whose sole purpose for travelling to Australia is to undertake studies, to demonstrate comprehensive understanding of the course that they intend to pursue and provide a reasonable explanation for pursuing the intended course. The responses provided by you at the interview, demonstrate your limited awareness and understanding of the course, the benefits of the course and the reason why you wish to pursue the course.
During the interview, you demonstrated limited knowledge about your future plans or how the intended course in Australia will substantially improve your circumstances in your home country. Given the financial costs of undertaking studies overseas, it is reasonable to expect a genuine student to demonstrate clarity regarding their future career plans and the kind of opportunities available upon the completion of the course.
Considering your age & previous education, it is reasonable to expect a genuine student to have undertaken some research into their future plans and provide a more comprehensive response as to how the course in Australia would add value to their future. Based on the responses provided by you, I am not satisfied that you have conducted the cost benefit research of undertaking studies in Australia which would be expected of a genuine student.
During the interview you demonstrated that you had conducted limited independent research into the education options available to you both in your home country, overseas and in Australia. Further, you were unable to provide a reasonable explanation for not pursuing a similar course in your home country or for choosing Australia as your study destination. Based on the responses provided by you during the interview, I am not satisfied that you have demonstrated the level of independent research into the educational options available to you which would be expected of a genuine student.