# Tourist VISA got Rejected



## Legend18 (May 1, 2014)

Hi,

I'm working in IT and getting married soon. I'll be visiting my home country for my marriage. I was planning to bring my wife with me. So I have asked her to apply tourist VISA but unfortunately her VISA got rejected. So I want to know, If she will be eligible to apply VISA again. Also If she will be eligible for 457 dependent VISA that I can apply through my company once I get married.

Just analyzing the negative consequences of rejection.

A quick help is much appreciated.

Cheers.


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## TheExpatriate (Feb 7, 2014)

do you hold a 457?


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## Legend18 (May 1, 2014)

TheExpatriate said:


> do you hold a 457?


Yes.


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## espresso (Nov 2, 2012)

Hi Legend18, 

a "normal" visa refusal won't be an issue. She just has to make sure to provide better evidence next time. Exception: If she committed visa fraud and was slapped with a ban, that can block her from getting a visa for up to three years, I think.


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## Legend18 (May 1, 2014)

espresso said:


> Hi Legend18,
> 
> a "normal" visa refusal won't be an issue. She just has to make sure to provide better evidence next time. Exception: If she committed visa fraud and was slapped with a ban, that can block her from getting a visa for up to three years, I think.



This is the reason for refusal:

Reasons for Decision
Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all subclasses within that visa class.

Your application has been considered against the criteria for the following subclasses within VISITOR visa class.

600 - VISITOR

Under migration law, a visa cannot be granted unless the applicant meets the legal requirements that are specified in the Act and the Regulations. You did not meet the legal requirement in clause 600.211 in Schedule 2 of the Regulations on the date I made my decision. Clause

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
(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.
…
Generally, offers of support or guarantees provided by family (in Australia) are not sufficient evidence of a genuine visit. The onus is on the applicant to satisfy the decision-maker that he or she intends a genuine visit to Australia.

In making my assessment I have considered all the information provided in your application form and the supporting documents.

I note from your application that you are a homemaker and currently unemployed and you have not indicated any future job/career prospects which could have been considered as strong incentives for you to return to your home country, India. I therefore consider that your present circumstances do not constitute a strong incentive to leave Australia. Also you have not provided any financial documents in your name.

Whilst I note that you have strong reasons for wishing to visit Australia I must still be satisfied that a genuine visit is intended. In this regard the onus is on the applicant to satisfy the decision maker that sufficient incentive return exists to induce a genuine visit.

Based on the information provided with your application, I am not satisfied that you have established that such an incentive to return exists. I note in this regard that you have not provided any evidence to substantiate your current employment and income.

In view of the reasons stated above regarding your personal circumstances find that your expressed intention to only visit Australia is not genuine.

As you have not met this criterion, you have not been assessed against other criteria under this subclass.

Decision
As you do not meet one or more clauses in Schedule 2 of the Regulations, I find that you do not meet the criteria for the grant of a VISITOR (Class FA) VISITOR (Subclass 600) visa.

Therefore, I refuse your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa lodged at New Delhi.


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## TheExpatriate (Feb 7, 2014)

Apply for 457 subsequent entrant, they rejected your 600 since they think she wouldn't return


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## Legend18 (May 1, 2014)

TheExpatriate said:


> Apply for 457 subsequent entrant, they rejected your 600 since they think she wouldn't return


"457 subsequent entrant" - You mean Dependent 457 VISA.

Also, will there be any negative history or impact because of tourist VISA rejection.


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## TheExpatriate (Feb 7, 2014)

Legend18 said:


> "457 subsequent entrant" - You mean Dependent 457 VISA. Also, will there be any negative history or impact because of tourist VISA rejection.


Yes dependent 457

No according to what you mentioned


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## espresso (Nov 2, 2012)

> I note from your application that you are a homemaker and currently unemployed and you have not indicated any future job/career prospects which could have been considered as strong incentives for you to return to your home country, India. I therefore consider that your present circumstances do not constitute a strong incentive to leave Australia. Also you have not provided any financial documents in your name.


No, it won't be a problem for subsequent visa applications.


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