Australian Immigration Daily News

Is it possible to overcome the refusal of a visa on character grounds? 

What if the visa applicant has been caught by the police while “crop-sitting” – being paid to live in a house and to water and feed marijuana plants that are being grown there? 

In such a circumstance, are the client’s prospects of obtaining a further visa to remain in Australia doomed to failure? 

Is it possible to overcome the obstacles to getting a Visitor Visa that are presented by the “genuine temporary entrant” criterion? 

These particular types of cases can be very frustrating, both for the visa applicant and for the RMA who is assisting her/him. 

So often, the client’s instructions make it clear that their true intention is only to make a temporary visit to Australia to spend time with a family member.  Yet, all too often, the Department simply does not accept that is the case, and refuses the application. 

Telephone interviews by the Department can be extremely dangerous territory for a visa applicant! 

An applicant may receive a call from a Departmental officer unexpectedly, or “out of the blue”. 

If an applicant receives a phone call “by surprise”, she/he may not be prepared to discuss the application, and may answer questions over the phone in a way that might put their visa application at risk – for example, by making statements that are inconsistent with what has been said in the visa application. 

 Is it difficult to get a “Carer” (Subclass 116) visa? 

A recent case decided by the Federal Court, Nguyen v Minister for Immigration and Border Protection (2016) FCA 688 (9 June 2016) tells us that the answer to this question is: “Yes!” 

Trying to satisfy the criteria for grant of a Carer visa can indeed seem as difficult as trying to climb over a brick wall! 

What is the correct interpretation of the “genuine temporary entrant” criterion for student visas? 

Can an applicant have a “subjective” intention or “wish” to remain in Australia following the completion of their studies if a further visa pathway becomes available, and still be considered a genuine temporary entrant for the purpose of a student visa? 

Or is it the case that having such an intention or wish is inconsistent or incompatible with being a genuine temporary entrant?