# Help needed regarding Visitor Visa Refusal



## dibs450 (Nov 12, 2013)

Dear Mr XXX

Notification of the refusal of a VISITOR (Class FA) VISITOR (Subclass 600 ) visa.

This letter refers to your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa, which was lodged at New Delhi on 10 March 2014.

I wish to advise that the application for this visa has been refused for the following applicant(s):

XXX

The application was refused because you did not satisfy clause 600.211 and 600.221 of the Migration Regulations 1994 (the Regulations).

After careful consideration of all the information you have provided, I was not satisfied that you met the relevant criteria for the grant of this visa as set out in Australian migration law.

The attached Decision Record provides more detailed information about this decision and the applicant(s) it applies to.

Review Rights
There is no right of merits review for this decision.

Visa Application Charge
The visa application charge which has already been paid was for the processing of the application and it must be paid regardless of the application outcome. There are only limited circumstances in which refunds can be given.



Questions About this Decision
No further assessment of this visa application can be taken at this office. However, if you have questions about this decision, or the process or information that was taken into account, you can contact this office.

Contacting the Department
You can contact us with a general enquiry in a number of ways including by email, through our website, by telephone through our Service Centres or offices around the world, or in person. In Australia you can call 13 18 81 between 8:30 am and 4:30 pm Monday to Friday. Details on contacting our offices outside Australia are available on our website at Our offices.

Yours sincerely




Visa Officer
Position Number
Department of Immigration and Border Protection
DECISION RECORD

Primary Applicant
Name XXX
Date of Birth xxxx
Application ID 
Citizenship India
Passport Number XXX

Other Applicants
No Other Applicants Recorded

Details of Application
Application ID XXX
Visa Class
VISITOR (Class FA) VISITOR (Subclass 600)
Visa Type Temporary
Application Lodgement Date 10 March 2014
File Number XXX
Payment Receipt Number XXX

Information 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) collectively “migration law”;
· information contained in the department's Procedures Advice Manual 3;
· documents and information provided by the applicant(s); and
· other relevant information held on departmental files.

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 600.21 and 600.22 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.

Clause 600.221 states that:

The applicant intends to visit Australia, or remain in Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.


In assessing whether you intend a genuine visit to Australia, I have considered the following guidelines from the department’s Procedural Advice Manual (PAM3): Gen Guide H:

7.2 Assessing whether the applicant meets the genuine visitor requirement
In establishing whether this criterion is satisfied, relevant considerations may include, but are not limited to:
• The personal circumstances of the applicant that would encourage them to return to their home country at the end of the proposed visit
• The applicant's immigration history (for example, previous travel, compliance with immigration laws of Australia or other countries, previous visa applications/compliance action)
• The personal circumstances of the applicant in their home country that might encourage them to remain in Australia (for example, military service commitments, economic situation, civil disruption)
• Conditions that might encourage the applicant to remain in Australia
• The applicant's credibility in terms of character and conduct (for example, false and misleading information provided with visa application)
• Whether the purpose and proposed duration of the applicant's visit and their proposed activities in Australia are reasonable and consistent (for example, is the period of stay consistent with "tourism")
• Information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department about nationals from the applicant's home country. Such information, including the Modified Non Return Rate (MNRR), which is published quarterly on the department’s website, may assist officers in deciding whether closer examination of an application is required.

Generally, offers of support or guarantees given by family and friends 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 to only visit Australia.

From the information provided in the application I note that you have claimed to be employed with XXX as a XXX and intend to visit Australia for Tourism. In support of your case you have provided your employer letter, your salary slip, bank statement and support from your mother.

Whilst I have considered the level of support provided by your mother I note that that the onus is on the applicant to satisfy the decision maker that they have sufficient incentive to return necessary to induce a genuine visit.

In Indian and Australian context your claimed employment hails from small to medium scale and on the basis of your financial earning capacity I do not constitute this employment to be a strong incentive to return.

In support of your application you have provided a bank statement. Whilst your bank statement indicates that you may have sufficient funds available to you I note that there has been a surge of large deposits made in the month prior to visa lodgement. On this basis I am concerned that the bank statements provided do not represent your true financial position as the source of funds is unclear. On this basis I place little weight upon the evidence of funds provided.

Based upon my assessment of these factors and on the basis of the information provided I am not satisfied that you have established that a genuine visit is intended.


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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## _shel (Mar 2, 2014)

They do not believe you are a genuine visitor.


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.

Clause 600.221 states that:

The applicant intends to visit Australia, or remain in Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.


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## tipzstamatic (Aug 13, 2013)

dibs450 said:


> Dear Mr XXX
> 
> Notification of the refusal of a VISITOR (Class FA) VISITOR (Subclass 600 ) visa.
> 
> ...


and what help do you need? you just posted the result without any indication as to what help you require lol ... :boink: i dont think this is something you can appeal for - or if you do, it's not like the circumstance for rejection will change?


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## _shel (Mar 2, 2014)

No appeal rights but if you have more evidence you can apply again. Who is this visa for, you, your wife?


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## dibs450 (Nov 12, 2013)

What can he do now?? He is a genuine visitor and he will just visit 10 days and will come back to india.. If he applies again for the visa what document should be removed from the application so get his visa stamped?


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## dibs450 (Nov 12, 2013)

_shel said:


> No appeal rights but if you have more evidence you can apply again. Who is this visa for, you, your wife?


No shel he is one of my friend..


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## _shel (Mar 2, 2014)

If the money that was put into his account just before he applied is still there, untouched a month or two later it shows it was not a short term loan for visa purposes. 

Why is he visiting?


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## dibs450 (Nov 12, 2013)

want to see opera house thats why.. no other reason..


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## _shel (Mar 2, 2014)

Who does he know in Australia? Family, friends? 

Opera house sounds like a made up reason to be honest.


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## dibs450 (Nov 12, 2013)

yes the money is still in his account and untouched.. it is his money which he kept it in his father's account.. and he asked his father to transfer the money to his account for visit purpose...


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## dibs450 (Nov 12, 2013)

_shel said:


> Who does he know in Australia? Family, friends?
> 
> Opera house sounds like a made up reason to be honest.


no family or friends stays there..


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## _shel (Mar 2, 2014)

So he can show the bank account with the money still there. His fathers bank statement showing the transfer of money and a letter explaining it was always his money. 

Stronger ties to India. Does he have a wife, caring responsibility etc. 

He needs to shiw good reasons for visiting. To see the opera house alone is not good as there is so much more to see and do.


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## dibs450 (Nov 12, 2013)

_shel said:


> So he can show the bank account with the money still there. His fathers bank statement showing the transfer of money and a letter explaining it was always his money.
> 
> Stronger ties to India. Does he have a wife, caring responsibility etc.
> 
> He needs to shiw good reasons for visiting. To see the opera house alone is not good as there is so much more to see and do.


he is single but he stays with his parents.. 

The reason he gave for visit is as follows: 

Australia's landscape is highly diverse, encompassing dry Outback, the high plateaus of the Great Dividing Range, the lush woods of Tasmania, the rain-forest and coral reefs of the tropical north and almost 18,000km (11,000 miles) of coastline. The Great Dividing Range forms a spine down eastern Australia, from Queensland to Victoria, separating the fertile coastal strip from the dry and dusty interior.


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## _shel (Mar 2, 2014)

Oh dear, was that copied from Wikipedia?


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## dibs450 (Nov 12, 2013)

hopefully yes.. am not sure.. any reason can u suggest?? Thanks in advance..


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## tipzstamatic (Aug 13, 2013)

_shel said:


> Oh dear, was that copied from Wikipedia?


It does sound a bit like it was copied from somewhere.

The thing is, if he applies immediately after just being rejected then chances are he'll be rejected again fr same reasons. He can wait for next year to get a visitor pass and just go visit someplace else to see? Europe perhaps?


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## viseh (Mar 18, 2015)

*Faamamafa Ionatana & Konelio Taueu visitor visa refusal*

18 March 2015


Name xxxxxxx
Date of Birth xxxxxxxxxxxx
Application ID xxxxxxxxxxx
File Number xxxxxxxxxxxx
Payment Receipt Number xxxxx

Name xxxxxxxx
Date of Birth xxxxxxxxxxx
Application ID xxxxxxxxxx
File Number xxxxxxxxxx
Payment Receipt Number xxxxxxxxxxxx


xxxxxxxxxxxxx

I am xxxxxxxxxxxxxxx wish to reply on behalf of xxxxxxxxxxxxxxx

A decision has been reached for their visitors visa application on the 17th March 2015 which is yesterday and their application has been refused.

So they really wanted to know the main reason why a visa wasn't granted for them.

because in the given letter there were many subclauses mention but we have no idea of the things stated in those subclauses.

So if its possible we really need to know the exact reason at least someone of them could have been grant with a visa but then the both of them have been refused and its very sad for us.

but xxxxxxxxxxxxxxxxx together with their uncle xxxxxxxxxxxxxx really have no intention of working in Australia during their period of stay abroad.

they just want to visit Australia for the first time and spend time with their family there that's all.

Hope to hear from u soon thank you very much


xxxxxxxxxxxxxx


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## dimpikaran (Oct 21, 2015)

_shel said:


> No appeal rights but if you have more evidence you can apply again. Who is this visa for, you, your wife?


Hi Shel,

My elder brother is in Australia along with his family they are Australian citizen my mom use to visit them on tourist visa on long stay basis. my younger brother also there on student dependent visa 573 and his wife is studying there. my husband is in Australia as well and studying there.

well, i have visited Australia 3 to 4 times on tourist visa. 
this vear i came on 29 of January2015 after my three months stay with my family and again i applied for my tourist visa on 31 march 2015 for the further 6 months stay. the VO refused my application after Section 65 migration 1958 undet 1994 clause 600.211 section 2.

they found me eligible for student dependent visa 573. but my problem is this i am the only one looking after our family business because my mom is living in Australia and whole family is there. i can visit them only for short term basis. i cannot apply for 573 dependent until my mother arrives back. its been almost 8 months i and my husband living separate. i really wants to see all of them on new year and in the month of December and January are the months of my elder and younger brothers and sister in law birthday in on 14th February i want to spend my day with my husband.

is there any possibilities to get visit if i ll apply for the same visa again.

thanks 
Jyoti


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## Maggie-May24 (May 19, 2015)

DIBP often takes the view that if you are eligible for a more appropriate visa, then a visitor visa is refused. In your case, you should be applying to be added onto your husband's 573 visa. You can then use this to visit your husband more easily.


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## Shiv11 (Jan 5, 2013)

Hi All,

My brother-in-law visitor visa got rejected. The reason he gave to visit Australia is to meet his sister and explore Australia.

But It got rejected stating that: 

*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 600.21 and 600.22 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.

Current Australian Government policy, specifically PAM3: GenGuide H, Visitor visas, Visa application related procedures, provides guidance to visa decision makers in assessing whether or not an applicant meets regulation 600.211, the genuine temporary stay requirement.

Under policy, in establishing whether 600.211 (c) is satisfied, it is relevant to consider an applicant’s personal circumstances. An applicant’s economic and employment circumstances in their home country need to constitute strong incentives for the applicant to return to their home country at the end of the proposed visit, in order to satisfy the genuine temporary stay requirement.

Generally, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of a genuine visit.

From the information provided in your application and supporting documentation I note that you wish to visit your sister in Australia for a period of up to three months.

In your application you have not provided credible evidence of your income source (income tax certificates). In the absence of this I am unable to assess your financial capacity and therefore cannot determine whether or not such employment would constitute an incentive for you to return.
Your bank statement may reveal that you have sufficient funds available to you, however in the absence of income documents I am unable to ascertain, if the available funds in your account are consistent with your income and therefore I am unable to determine whether these funds provided represent your true financial status. On this basis I place little weight upon the evidence of funds provided.
I am therefore not satisfied that a genuine visit is intended. 

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. 

Not sure what to do next? Shall I re-apply?


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