# The applicant did not satisfy the provisions of the Migration Regulations 1994



## arvindinsydney (Oct 17, 2016)

Hi,

I am PR holder living in Melbourne Australia. I got married on 19th Sep 2018 in Bangalore INDIA after which my wife filed an application for Partner visa subclass 300/100 followed by visitor visa subclass 600 (under family sponsored stream). Today (1st Nov), my wife received the response from DIBP that her visitor visa has been refused stating multiple reasons.

The reason my wife applied for visitor visa is that we are under assumption - Partner visa grant would take time so in this mean time my wife can live with me on visitor visa.

letter states as mentioned below, please suggest what other options available for my wife to come to Australia on valid visa?

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Dear X Y Z

Notification of refusal of application for a Visitor (class FA) Visitor (Sponsored Family)
(subclass 600) visa

Refused Applicant
I wish to advise you that the application for this visa has been refused on 01 November 2018

for the following applicant:
Client Name: X Y Z

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
The decision can be reviewed.

The Department cannot consider your visa application any further. However, your sponsor is entitled to apply for a merits review of this decision to the Administrative Appeals Tribunal (AAT). An application for merits review of this decision must be given to the AAT within 70 calendar days after the day on which you are taken to have received this letter.

*The applicant's claims*
The applicant has applied for the grant of a Visitor visa (subclass 600) to visit Australia for a temporary stay.

*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
● information contained in the Department's Procedures Advice Manual 3
● documents and information provided by the applicant(s)
● relevant information held on Departmental files.

*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 Visitor (Sponsored Family) visa in the Sponsored Family stream are not satisfied.

*Reasons*
I have assessed the application and the reasons for my decision are detailed below.
An application for a Visitor (Sponsored Family) visa in the Sponsored Family stream has been made by the applicant.

A visa cannot be granted unless the relevant criteria specified in the Migration Act and the Migration Regulations are satisfied. 

In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that:

*600.211*
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
(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
(c) any other relevant matter

In assessing whether or not the applicant genuinely intends to stay temporarily in Australia, I have taken into account information provided in the application, the applicant's immigration history and compliance with previous visas. I have also taken into consideration any supporting documents as well as the applicant's personal circumstances, commitments, and incentive to return to their country of residence.

*My decision is based on the following factors*

The applicant has not indicated the presence of any family members in India that will induce him/her to return within the validity of her visa. I therefore place no weight on the applicant’s family as incentive to return, and consider her family ties to India to be outweighed by the presence of her spouse in Australia. Therefore the applicant’s family ties are not sufficient to demonstrate that the applicant intends a genuine temporary stay in Australia.

In response to the employment status of the applicant on form, the Application for a Visitor Short Stay Visa, the applicant declared that she is unemployed. Given that the applicant has provided no evidence of ongoing employment I cannot consider employment as an inducement for the applicant to return to their country of residence.

In assessing the applicant’s intentions for their intended visit to Australia, I have taken both the nature and duration of the applicant’s intended travel into account. The applicant indicated that they intend to travel to Australia for 12 months and that their reason for travel is “Family Visit”. I note that the applicant’s reason for travel is inconsistent with the length of stay requested, and therefore have concerns that the applicant may intend to travel to Australia for reasons other than a genuine temporary stay.

I have concerns that the applicant may attempt to remain in Australia beyond the validity of a temporary Australian visa. I am not satisfied that the applicant has demonstrated sufficient personal, employment, cultural and business ties to demonstrate that they intend a genuine visit to Australia; and, due to the applicant’s intention to reside permanently in Australia, by her marriage to an Australian permanent resident, I have concerns that the applicant may be induced to remain in Australia for a longer period than the validity of their visa.

The applicant has provided no evidence of any other significant ties to India that would induce her to return home within the validity of her visa. Therefore I give no weight to asset ownership or business ties as evidence that the applicant intends a genuine temporary stay in Australia and cannot consider these ties as factors that will induce the applicant to depart Australia within the validity of their visa.

The applicant has not provided evidence of any previous travel or demonstrated previous compliance with immigration laws in Australia or other countries. I therefore place no weight on previous international travel as evidence that the applicant will comply with her visa conditions and depart Australia within the validity of her visa.
After considering the information provided, I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for the purposes set out above.

Therefore, I am not satisfied that the applicant meets the relevant criteria in clause 600.211 in Schedule 2 of the Migration Regulations

*Decision*
As clause 600.211 is not satisfied, I find the criteria for the grant of a Visitor (Sponsored Family) visa in the Sponsored Family stream are not satisfied. Therefore, I refuse the application by the applicant for a Visitor (Sponsored Family) visa in the Sponsored Family stream

Please suggest further


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## Jagornot (Jan 23, 2018)

The reply from the assessing officer is pretty explanatory. He/she didn't find a good enough reason to believe that the applicant would definitely want to return back to India. The next course of action is also explained by the officer, which is to approach the AAT and appeal this. Not really sure how the application was filled, but it's always best to keep it really precise and to the point. The exact purpose of visit should be mentioned along with the duration of stay, and provide enough proofs to imply that the applicant needs to get back to India after the visit and would not overstay, which they are very paranoid about.


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## arvindinsydney (Oct 17, 2016)

To clarify:

1. My wife is still in India (never traveled to Aus). 
2. firstly we applied Partner Visa after a week applied visitor visa, by providing all documents.

When is very well know Partner visa processing time takes 13 to 17 months so in this mean time we decided to another application visitor visa until partner visa grant.

In such case, what other visa options available besides waiting for partner visa?


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## pcdfrost (Sep 30, 2018)

You have applied for a Partner Visa and thereafter a Visitor Visa. A Visitor Visa is exactly that, for a visitor. The fact that you have applied for a Partner Visa shows that the intention is for your spouse to come live with you. To immigration this indicates that your spouse will already come live with you in the meantime. Unfortunately this is not what the Visitor subclass visa is for. This has happen previous to others who are in the same situation. Unfortunately Immigration does not seem to like this means of getting your partner over while you wait for a Partner Visa.


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