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Immigration Daily News Visitor Visas – Satisfying the “Genuine Temporary Entrant” CriterionAustralian Immigration Daily News
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Visitor Visas – Satisfying the “Genuine Temporary Entrant” Criterion
At least in theory, applications for “visitor visas” to Australia (subclass 600) should be relatively simple, straightforward and uncomplicated. After all, it is well known that tourism is part of the “lifeblood” of the Australian economy. However, it is far from the case that visitor visa applications are “routine”.
All too often, these applications are refused because the Department is not satisfied that the visa applicant meets the requirement, specified in clause 600.211 or Schedule 2 of the Migration Regulations, of demonstrating that she or he “genuinely intends to stay in Australia (only) temporarily”.
One of the difficulties with visitor visas is that, in most circumstances, the Department’s decisions to refuse an application cannot be challenged. The right to seek review of the refusal of a visitor visa application is limited to a few narrow circumstances – primarily cases where the applicant is seeking a visa under the Sponsored Family Stream. Thus, in circumstances where no review rights are available, the Department can, and does, seemingly arbitrarily, ignore evidence that would establish that the visa applicant is indeed a “genuine temporary entrant” (for example, evidence that the applicant has strong family, economic and social ties to their home country which would provide strong incentive for them to return at the conclusion of their planned visit).
A recent decision of the Migration Review Tribunal does provide some guidance concerning the kinds of evidence that can be relied upon to satisfy the “genuine temporary” entrant criterion for visitor visas.
The case, 1416815 (2015) MRTA 200 (decided on 3 February 2015) involved an application under the Sponsored Family Stream. Consequently, the Department’s initial refusal of the visa application was “MRT-reviewable” (under section 338(5) of the Migration Act). The outcome in the case was that the MRT remitted the application back to the Department with a direction that the applicant had met the relevant criteria for the grant of a Visitors Visa.
The application that was at issue in the case involved a proposal by a young woman who is a citizen of Lebanon to come to Australia for a period of 6 weeks to visit her uncle, who had been a permanent resident of Australia for 20 years, since 1994. The visa applicant was 21 years old at the time of the application. She was unmarried and lived with her parents two sisters in Tripoli, in the north of Lebanon. She had just finished an accounting internship and provided a letter from her employer to the Department in support of her application which stated that she would resume working with the employer after the conclusion of her visit to Australia.
The Department’s delegate who refused the application premised his decision on the following matters: adverse country information that northern Lebanon was affected by the ongoing civil war in Syria; the applicant’s lack of a prior international travel history; the fact that her relatives in Lebanon were not “dependents”; and her short employment history. The delegate also stated concerns to the effect that he was not satisfied that the applicant’s family ties and employment in Lebanon would provide sufficient incentive for her to return following her trip to Australia (it is our observation that this last concern, that a young woman living with her parents and sisters would not have incentive to rejoin them, can fairly be characterized as “ridiculous”).
In the event, the member of the MRT who presided over the appeal against the visa refusal, concluded that the evidence was in fact sufficient to establish that the applicant that she met the “genuine temporary visitor” criterion and was thus eligible for a visa.
In reaching this determination, the Tribunal member relied on the evidence that the applicant had significant family ties to Lebanon (even though these family members were not “dependents” such as children or a spouse/partner); that the applicant had employment in Lebanon to which she would return; that the applicant’s sponsor, her uncle, had a business in Australia which had earned a profit of over $400,000 during the previous year (and there was therefore no concern that the applicant would need to work while in Australia or that she would not be provided with adequate financial support during her visit); that the sponsor’s family had a good migration history, with a record of compliance with visa conditions (based on the fact that the sponsor’s sister and mother had both come to Australia on visitors visa and had returned to Lebanon before those visas had expired); and lastly, that the sponsor was prepared to provide substantial financial security, in the form of a bond in the amount of $30,000, to ensure the applicant’s compliance with the conditions of her visa. In the end, this evidence was sufficient to outweigh the Tribunal member’s concerns that the applicant was coming from a troubled part of the world.
The history of this case illustrates that there are occasions when the Department’s review of visitors visas may “defy common sense”. In particular, the concerns of the Department’s delegate that the applicant would essentially abandon her family and her job and would instead elect to overstay her visa and remain permanently in Australia appears to be misplaced.
In this particular case, the visa applicant was fortunate to have an opportunity to present the merits of the application, and the evidence of her strong family and work ties to her home country, to the MRT, and to have the refusal of her visa reversed so that she will be able to come to Australia and visit her family here. Unfortunately, applicants for visitors visas that are outside the Family Sponsored Stream may not have review rights, and their applications may thus fall victim to the unfettered discretion of the Department’s reviewing officers.
A link to the MRT decision that is reviewed in this article is provided below:
http://www.austlii.edu.au/au/cases/cth/MRTA/2015/200.html
This article was prepared by Michael Arch, Concordia Pacific Migration Lawyers,
Web:: concordialaw.com.au Tel: (02) 8068 8837 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Comments
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Thursday, 25 January 2018unfortunately so! we can act in the same way! unfortunately, I was gaged under a thread by authority. for years. so they today got me up there the wrong end I say this is bad luck! now I assist desparate applicants.
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Saturday, 10 February 2018
600.211 the law that basically states "because I said so" Because there is nothing you can do about it. My Girlfriend failed her Visa once again due to the same reason, her son, her family and own business isn't enough of a reason for her to return home. She literally can only come to Australia for 2 weeks as she needs to return home and there is absolutely nothing I can do about it.
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Tuesday, 06 March 2018
The visitor visa is literally a joke. I am an Australian citizen and would like to invite my cousin from Vietnam for a short holiday. Despite of having more than sufficient saving for 10 days visit, travel history to Europe and a full time job in Vietnam, they still rejected his application within a day. They said after considering the economic conditions in Vietnam and in Australia, they aren't convinced by the temporary visit. Sadly there is no review scheme for tourist visa 600 and I am sure even if he applies again with more evidence, they will just reject it. Sorry Australia, you are not that great to keep spending money to apply for a bloody tourist visa, I think he can surely use that money to travel somewhere else that welcome him as a tourist, not a refugee trying to escape his home country
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Wednesday, 07 March 2018
You could possibly consider re-applying for a visitor visa under the sponsored family stream.
Questions? help@migrationalliance.com.au or concordialaw@optusnet.com.au -
Monday, 12 March 2018
Its all a matter of incentives if you want to have a genuine entry visa to Australia, Australia is froughtuland when it comes to considering your application, they want your money, but there are ways around this. without any agency. ! but you must know what you want. and more so! you must know what they do not want.
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Friday, 13 April 2018
My visa request also rejected due to they are not satisfied with my financial status in my home country.
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Saturday, 26 October 2019
what did you do?
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Tuesday, 24 April 2018
My application refused.. Apply reconsider my application.. Any one got visa after reconsideration..
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Wednesday, 20 June 2018
I have a example of disgraceful visa processing at an Australian Embassy in a 3rd world country. A male person that I know, that has been on an Australian pension for the last 25 years, visited a 3rd world country and met a prostitute at a local bar. He was having relations with her for around 2 weeks, when he had an epiphany to take this prostitute to the Australian Embassy, to my amazement a tourist visa was issued within 24 hours of lodgement for her to "visit" Australia for a 3 months, WITHOUT condition 8503 (no further stay - no matter the circumstances). So during these 3 months this person got married to this prostitute and as a result, she was issued a bridging visa and was allowed to stay, after he lodged a prospective marriage visa. So, during this time, the prostitute was living amongst us with ACTIVE TUBERCULOSIS coughing and spreading her bacteria, as she was never subjected to a medical before leaving her country of origin. It gets better, she falls pregnant within a few months of arriving and after the baby is born, they apply again to the Dept of Home Affairs for a fellow prostitute friend to "assist" her after the baby is born and guess what, the visa was granted for 3 months. Now this 2nd prostitute was here working in the sex trade during these 3 months getting cash money to take back home.
Now after seeing this I thought that it would be easy for my wife, who was born overseas, to sponsor her father to visit for 3 months. Guess what, nope, they deemed that he was going to work while he was here and would not comply with the conditions of his visa.
I am still astounded by the rubber stamping of 2 prostitutes passports, by a man who is on an Australian pensions and does not contribute anything to the Australian tax system. So it is you the readers who have funded this whole situation do to the incompetence of the Australian Embassy.
There seems to be no consequences in regards to when these "delegates" at the Australian Embassy get these visas wrong.
I have emailed the Department of Home Affairs with this information, photos and other evidence as to the scheme that he was conducting and absolutely nothing was done about it.
Did you also know that natives of the land, who are employed at the Embassy, where you lodge these applications, have been "delegated decision making under Section 65 of the Migration Act 1958?" Meaning that non-Australians are making decisions on who they let into our country....
On a final note, I hope that you and your children have not been infected by the prostitute who has tuberculosis, if you have and it activates years from now, you will never know where you got it from. You have been failed by the Australian Government. -
Thursday, 12 September 2019
I have got visitors visa refusal for my wife and child under the clause 600.211 schedule 2. I am on the bridge visa A. What should I do for their visa to approved. I wish to submit New visa application for them. What documentation I need to submit to fulfill that clause.
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Friday, 28 February 2020
Clause 600.211 has been leaved on me for why I don't know
After how much time can I reapply -
Wednesday, 08 February 2023
New delhi office is not even looking at the profile they just rejects visa on assumptions that applicants will not come back..all though I have submitted all tax docs payslips property papers everything embassy is still not satisfied...I feel pity for applicants
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Monday, 13 November 2023
My sister was also refused based on similar reasons. Can she appeal and what is the procedure
Immigration blog
totally agree "proud to be Australian" is a joke, every visa application is about making money. deceitful process.