# Family sponsored visa refused



## chrisa97 (Sep 15, 2015)

We applied for a family sponsored visa FA 600 and it was rejected - for my aunt 

Just to give you a background: she is 52 years old, single, never married, no kids and she is one of the breadwinner in the family where she lives with her brothers and sisters, nephews and nieces. She is employed as a tutor and works 5 hours per day however she gets paid cash which means the only proof that she has employment is a letter from the employer. When we submitted the application the application, her employer wrote her a letter confirming she works for him and that he is allowing her to have at the most 3 months leave between Nov 2015 and Feburary 2016. However when he wrote the letter, it was not done on a business letter head, he simply signed in and dated it and it was then certified by a lawyer.

From the gist of it, and correct me if I am wrong but from what the letter of rejection is saying, is that the reasons of rejection:
She does not have dependants – even though it says on the letter that she is one of the breadwinners in the family. Also, I should note that we forgot to mention that her parents have passed away.

That though she provided that she is a tutor and that a certification letter was provided to prove she is working – that no further details was provided to substantiate her self employment claims. So if she cannot provide payslips as she was paid cash and money is not deposited in her account, what else can we provide to show that she is actually employed besides the letter from the employer?

That the reason for travel is inconsistent though I mentioned on my invitation letter that she will be staying with me as I am on maternity leave and will be there for the birth of my baby, celebrating Christmas and new years and my birthday in January. The officer then there is no justification how my auntie can afford everything when she has not provided evidence of how she can support herself. I am sorry but it seems that whoever process the application did not read my letter of invitation where I said that I will pay for everything and I even included my last 6 payslips and evidence of mortgage. I even said I am willing to pay the bond but noted that as I am on maternity leave to consider my circumstance as well.


Below is what the letter of refusal entail. Can anyone shed some light for me?

Should we appeal or should we re-apply for the family sponsored visa again? If we re-apply, what else could we have done differently to make the application stronger?

Your thoughts will be appreciated J
******************

The applicant’s claims
The applicant has applied for the grant of a subclass 600 – Visitor (Sponsored Family) visa on the basis that they intend to visit Australia, for a period up to 3 months. The applicant is a 52 year old female, residing in the Philippines.
Information and evidence considered
I am a delegated decision maker under section 65 of the Migration Act 1958 (the Act). In reaching my decision, I have considered the following:
● Relevant legislation contained in the Act and Migration Regulations 1994 (the Regulations)
● Information contained in the department's policy guidelines Procedures Advice Manual
3;
Findings
From all the information available to me, including the documents and information the applicant provided, I find that the criteria for the grant of a Visitor (Sponsored Family) visa are not met by the applicant.
Reasons
I have assessed the application by the applicant and the reasons for my decision are detailed below.
An application for a Visitor (Sponsored Family) visa has been made by the applicant.
Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations. 600.211 has not been met by the applicant on the date I made my decision.
Clause 600.211 is a primary criterion to be satisfied at the time of decision.
Clause 600.211 states that:
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(whether the applicant intends to comply with the conditions to which the Subclass
600 visa would be subject; and © any other relevant matter.
In assessing whether or not the applicant intends a genuine temporary stay, I have taken into account the information provided in the application and all supporting documents relating to the applicant’s personal circumstances, commitments, and incentive to return home.
The applicant’s family ties to the Philippines are limited to non-dependent relatives, namely siblings, nieces and nephews. While I acknowledge that the applicants family may offer some inducement to return to the Philippines, I am not satisfied that their presence sufficiently demonstrates that the applicant intends a genuine visit to Australia.
In response to the employment status of the applicant, the applicant declared “other” and stated “Tutor” for “Reggies Cruz” since 6 January 2014. The applicant provided a Certification letter to substantiate these claims. No further details or evidence have been provided to substantiate the applicant’s self-employment claims. In the absence of the provision of bank statements, business registration certificates in the applicant’s name or other evidence of ongoing business activities, the applicant’s self-employment cannot be verified. Therefore, little weight can be given to the applicant’s declared employment as evidence that she intends to return to the Philippines within the validity of her visa.
I have noted that the applicant has provided a credit card statement as evidence of funds, however the credit card statement is not an indication of the applicant’s savings history and therefore I am not satisfied that the applicant has demonstrated that she has the means and intention for a genuine visit to Australia.
In assessing the applicant’s intentions for their intended visit to Australia, I have taken both the applicant’s personal circumstances and duration of the applicant’s intended travel into account. I note that the applicant’s reason for travel is inconsistent with the length of stay requested, especially in view of the fact that the claims to be self-employed. The applicant relies on the income generated from her employment to support herself and as the applicant may not be receiving remuneration whilst Australia concerns are raised that the applicant may intend to travel to Australia for reasons other than a genuine visit.
I have taken into consideration the applicant’s reason for travel however the applicant has not demonstrated sufficient ties to the Philippines to act as strong incentives for the applicant to return within the validity of their visa. I therefore cannot be satisfied that the applicant will comply with their visa conditions.
I acknowledge that the purpose of the applicant’s intended travel is to visit their family. While the applicant’s purpose of visit is noted, this in itself does not demonstrate that the applicant only intends a genuine temporary stay.
After considering the information that was provided as evidence of the applicant’s purpose in visiting Australia, I am not satisfied that the applicant genuinely intends to visit Australia temporarily.
Therefore, I am not satisfied that the applicant met the legal requirements in clause 600.211 of Schedule 2 to the Regulations.


Decision
As clause 600.211 is not met by the applicant, I find the criteria for the grant of a Visitor (Sponsored Family) visa in the Sponsored Family stream are not met by the applicant, and thus the applicant does not meet the criteria for the grant of a Visitor (Sponsored Family) visa. I therefore find the criteria for the grant of a Visitor visa are not met by the applicant.


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## Maggie-May24 (May 19, 2015)

Has she any other travel history as evidence that she's complied with temporary visitor visas before? Unfortunately I think she's going to struggle to prove she's got strong enough ties to the Philippines to convince DIBP that she wouldn't overstay her visitor visa. Perhaps speak with a migration agent to see if they could assist in preparing a more convincing application.


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