Login / Join
Australian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
- Font size: Larger Smaller
- Hits: 5092
- 8 Comments
Great Result in Visitor Visa Case!
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.
A recent case that was handled by Migration Alliance member Irfan Peerzada does show that these cases can be won when the agent puts a strong, creative case to the Tribunal on behalf of the client. The AAT decision came in matter 1514765 (Migration) (2016) AATA (10 June 2016) – not yet reported on Austlii.
The circumstances in this case were that a young woman who is a citizen of Bangladesh sought to obtain a Visitor visa in order to accompany her mother on a visit to Australia to see her sister, who was living in the Sydney area.
Ironically enough, the visa applicant’s mother was granted the Visitor visa, but her own application was refused. Not just once, but twice!
On the face of the situation, it looked like the third application (made under the Sponsored Family stream) would also be potentially problematic because of the genuine temporary entrant criterion:
The young woman who was seeking the visa was a student who had never engaged in paid employment who stated that she had no assets other than some funds that were deposited by her mother in a joint bank account that the applicant held with an older sister.
There was also some negative “country information” regarding political unrest in Bangladesh that was of concern to the Tribunal.
So what evidence did Irfan present to help the client get this application successfully “across the line”?
Several things!
First, that the visa applicant was a student in Bangladesh, undertaking courses toward a Master’s degree in environmental studies and management and that she planned to return to resume her studies following her proposed visit to Australia. Second, that she had family ties to Bangladesh, in that her mother, 4 other sisters and most of her other family members live there. Third, that the applicant “looked after” her mother in Bangladesh, that she lived with her mother, and was her primary carer.
Fourth, that the applicant had a positive travel history, with a record of having made several prior trips to India without overstaying her visa. Fifth, that the applicant’s family had not been affected by the political unrest in Bangladesh, which consisted of protests associated with local elections.
Perhaps what was most significant in “turning the time”, and making the “third time the charm”, was that the new application was made under the Sponsored Family stream instead of the Tourist stream.
So, in this case, the Department’s decision to refuse the visa application was “Tribunal-reviewable”, which is not the case with a typical application for a Visitor visa under the Tourist stream that is made from offshore.
And because this application was made under the Sponsored Family stream, it was possible to present evidence to the Tribunal that the applicant’s sister was prepared to provide a security bond to ensure that the applicant would comply with her visa and would have further incentive to return home to Bangladesh.
So the end of the story was a very happy outcome for the client and a job well done by Irfan!
Comments
-
Wednesday, 22 June 2016Even a tourist visa with letter of invitation from the main family member in Australia (PR or Citizen) is AAT reviewbale. Surely the Sponsored Tourist visa has a bond as well.
-
Wednesday, 22 June 2016
Well Done Irfan
-
Wednesday, 22 June 2016
great job indeed
-
Tuesday, 28 June 2016
Just to illustrate how crazy these cases can be: I just had a refusal last week of applications by a couple who want to come to Australia to see their recently born grandson. They are long term residents of a stable country in the Gulf, own their apartment and have many family members in the community where they live. So what was the Department's "brilliant analysis" supporting this refusal (Sponsored Family stream)? That the applicants "reside" in a country that is unfortunately suffering from civil unrest and terrorism. Only one problem: the applicants don't actually "reside" in that country. We're likely heading to the AAT with this one, should not be necessary!
-
Wednesday, 29 June 2016
You should resubmit a second application and point out that the Delegate had erred in their previous assessment. Cheaper than seeking appeal which should follow after the second application. It will also strengthen your appeal if needed
-
Wednesday, 29 June 2016
Winning a Family Sponsored Visa application on Appeal is not a problem,
What concerns me is the departments failure to apply PAMS
I had a Client who was from Ukraine but living and working in China who wanted to visit er best friend,
A previous application to visit visit with her daughter in January was refused.
Se replied with Agent assistance to Visit in August this time she was leaving er daughter under the care of her mother. Her planned visit was for less than 1 month., I would ave thought not travelling with her daughter was evidence of genuine intention to return to China
The application as been finalised BUT we ave not received any correspondence or notice of decision. I spend a lot more time wit talking to the Client and I am definitely of the view that my client's intentions are sincere and that she will leave Australia in fill compliance with the terms of her visa.
She has a job in China which she will return to/. Se as a daughter in China who she will return to. as sufficient funds to cover the trip
All points outlined in PAMS had been fullfilled.
Without the Notice of Decision we can not determine our next course of action. Try contacting the Australian Embassy in China is virtually impossible as you keep being referred to FSGlobal a contracting company tat only deals wit processing documents.
I have ad to lodge a complaint wit the Global Services feedback section. Still waiting for the Notice of Decision one week after the application was finalised. . -
Saturday, 25 March 2017
Hi I am from Bangladesh, and I have 6 countries already visi, & my son & my wife & me together visit 3 countries, so can we get Australia visit visa ?
Immigration blog
Great news
However may I add that sometimes people do enter Australia on these visas and then change them to other category to stay permanently in Australia which has overtaken the guinunaty of applications