What does a Tourist visa refusal letter look like?

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What does a Tourist visa refusal letter look like?


 

I am intentionally spacing this blog out and make sure you can easily read this Tourist or Visitor’s Visa refusal letter so you can get a taste of ‘the impact it will have on you’ if your particular tourist visa is ever refused.

I urge you to try and read this a couple of times and try and work out what has really happened to the earlier tourist visa application and how you can respond to these complex and very tightly written tourist visa refusal letters from the department of immigration to the Filipino visa applicant and more than likely the Australian partner as well.

If you have just been refused a tourist visa for Australia from the Philippines then I urge also to get in contact with me and allow us to unravel this ‘jigsaw puzzle’ for you and ensure that your next application ‘is successful’.

Now, read this and make sure you are sitting down because it’s going to “hurt… hurt a lot”. 

Notification of refusal of application for a Visitor (class FA) Visitor (Tourist) (subclass 600) visa

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

Client Name: XXXXXXXX

Date of Birth: XX / XX / XXXX

The attached Decision Record provides more detailed information about this decision as it applies to this applicant.

Review rights:- 

There is no right of merits review for this decision.

Receiving this Letter:- 

As this letter was sent to you by email, you are taken to have received it at the end of the day it was transmitted.

Questions about this decision:-

The department cannot consider your visa application any further.

Visa Application charge:- 

The visa application charge which has already been paid can only be refunded in limited circumstances, regardless of the application outcome.

Client service information:-

We value your compliments, complaints and suggestions. Your compliments let us know where we are performing well and your complaints and suggestions help us improve the services we provide.

Further information on our Client Service Charter and how to make a compliment, complaint or suggestion is available atwww.border.gov.au/about/contact/provide-feedback

Yours sincerely

Department of Immigration and Border Protection

Attachment(s) Form 1026i Limits on Applications in Australia

DECISION RECORD

 

Application details Visa Class Visitor (class FA) Visitor (Tourist) (subclass 600) Stream (main applicant only)

Tourist Date of Visa Application XX / XX / XXXX

Transaction Reference Number (TRN) XXXXXXXXXX

Application ID XXXXXXXXXX

File Number BCCXXXX /XXXXXXXX

Visa Application Charge Receipt Number XXXXXXXXXX.

Client Name: XXXXXX

Date of Birth: XX / XX / XXXX

Client ID: XXXXXXXXXX

Visa Subclass 

Stream Tourist

 The applicant’s claims

The applicant claims to travel to undertake a holiday as a genuine visitor to Australia and has submitted relevant supporting documents supporting this claim including information relating to the applicant’s personal and financial circumstances in the Philippines.

Information and evidence 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)
  • Information contained in the department’s policy guidelines Procedures Advice Manual 3;

Findings From all the information available to me, including the documents and information the applicant provided, I find that the criteria for the grant of a Visitor visa Australia are not met by the applicant.

Reasons I have assessed the application by the applicant and the reasons for my decision are detailed below.

An application for a Visitor (Tourist) visa has been made by the applicant.

Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations. Clause 600.211(c) has not been met by the applicant on the date I made my decision. 

This provision states that:

600.211 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.

Relevant considerations in deciding whether the applicant intends a genuine visit can include, but are not limited to, the following:

Personal circumstances or other conditions in the applicant’s home country, that may encourage the applicant to remain in Australia, including:

– the applicant’s economic situation

– including unemployment or employment that, based on knowledge of local employment conditions, such as salary rates, would not constitute a strong incentive for the applicant to leave Australia;

– the applicant’s personal ties to Australia, that is, does the applicant have more close family members living in Australia than in their home country;

– military service commitments;

– civil disruption, including war, lawlessness or political upheaval in the applicant’s home country; and

– economic disruption, including shortages, famine, or high levels of unemployment, or natural disasters in the applicant’s home country.

Whilst the applicant has supplied relevant information relating to their personal circumstances in the Philippines, the documentation supplied by the applicant has failed to demonstrate that the applicant has significant ties to the Philippines that would induce them to return home within the validity of their visa nor would it be reasonable for them to be away from the commitments and responsibilities that they have demonstrated for the purposes of a holiday. Therefore, I give no weight to asset ownership, business ties or cultural ties as evidence that the applicant intends a genuine visit to Australia and cannot consider these ties as factors that will induce the applicant to depart Australia within the validity of their visa.

It is necessary to provide adequate evidence with every application in order to satisfy decision makers that the applicant’s situation in their home country is such that they would not potentially seek recourse to unlawful employment onshore or to seek to remain onshore. On this occasion the applicant has failed to do this. Whilst I have given careful consideration to the reason stated for the visit, I find that the stated purpose travel does not outweigh the various concerns associated with the application as outlined above. The applicant has not provided sufficient evidence, in accordance with policy to demonstrate that their true intention is only for a genuine visit to Australia. I am therefore not satisfied that the applicant meets cl600.211(c).

Decision As clause 600.211(c) is not met by the applicant, I find the criteria for the grant of a Visitor (Tourist) visa in the Tourist stream are not met by the applicant, and thus the applicant does not meet the criteria for the grant of a Visitor (Tourist) visa. I therefore find the criteria for the grant of a Visitor visa are not met by the applicant.

Therefore, I refuse the application by the applicant for a Visitor visa.

DIBP Case Officer: XXXXXXXX

Position Number: XXXXXXXXXXX

Australian Embassy, Manila Department of Immigration and Border Protection XXXXXXXXXX 2015

So, did you work it all out?

Did you even understand why the department refused this particular Tourist of Visitor’s Visa application in the first place?

How would you respond to this tourist visa refusal?

The questions and confusion is endless.

If your tourist visa was refused or you are thinking of doing your own tourist visa application, be warned, once a tourist visa is refused it gets much harder to convince the Case Officer to approve the next one.

Why not provide us with your details now so we can discuss your particular tourist visa application a head of any potential tourist visa refusal. start your Free assessment NOW!

Thank you and Mabuhay!

September 17, 2015