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Discussion Starter · #1 · (Edited)
Hi everyone,

I’m contacting you all from a point of extreme frustration and sadness, my girlfriend's Visa was declined due to her trip to Australia being deemed 'non genuine'

I am a 27-year-old Australian Citizen and have substantial personal finances in Australia (properties and assets) and had provided her and the Migration Agent with an Invitation Letter, Stat Dec, Bank Account Statements, Utilities bills, and my personal Tax Returns.

Some background to our relationship; we have been in a relationship for the past 7 months, i met her in Da Nang on business and I have previously travelled with her twice to Singapore (where she was easily approved for a VISA ironically) and Da Nang where she is based in VN, she has a bank account, at least $8k USD In Savings, does not own any property has worked for two years for one of the largest resorts in Da Nang (her employment contract was provided) and has extensive immediate family in Vietnam, she is also completing a business degree in VN.

Unfortunately she did not provide the details of her degree when making the application as an incentive to return to VN, we believed her job would be adequate; would education be classed as a significant reason? I am cursing myself that we did not include this in her application, also she helps care for her mother as her father passed away a few years ago.

We are intending to reapply for her Visa as I would like her to be in Australia from December to February (two months) over Christmas and New Year this was the intended period of her stay in Sydney, what other information can she or myself provide that will result in success? Was two months too long a period despite her providing proof that her leave was approved from her employer? will it be harder now to obtain a Tourist Visa subclass 600 because of her first decline?

I sincerely thank you all for any advice or assistance in this situation.

I have included the decision file below.

Legislative Framework
Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all sub-classes within that visa sub-class.
Your application has been considered against the criteria for the following subclasses within the VISITOR visa class.

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 600.211 in Schedule 2 of the Migration Regulations on the date I made my decision.

Clause 600.211 states that:
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regards 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.

Reasons for Decision
After carefully considering the information you have provided as evidence of your purpose in visiting Australia, I am not satisfied that you genuinely intend to visit Australia temporarily for the purpose for which the visa would be granted.
Visa Class
VISITOR (Class FA) VISITOR (Subclass 600)

- 4-
I note you have indicated that you will be visiting an Australian citizen or permanent resident friend or relative. This office considers carefully the support from Australians, particularly if there is a close family or personal link. While the offer of support, including evidence of the nature and duration of relationship, has been taken into account it is only one factor in considering if an applicant intends a genuine visit. Overall, for a Visitor visa it is the circumstances of the applicant themselves, above all, which must be considered.

In assessing whether or not you intend a genuine visit, I have also taken into account the information provided in the application relating to your employment, personal circumstances, previous international travel, incentive to return home, and financial situation.

I have considered the employment or business ownership claims that you made in your application, including any relevant supporting documentation and your economic circumstances in Vietnam relative to your potential economic circumstances in Australia.

On balance, and notwithstanding the offer of support from your Australian friend or relative, I find that you have failed to adequately demonstrate strong employment, financial and other personal commitments that may support the likelihood of your compliance with the conditions attached to the visa and your return home at the end of your proposed stay in Australia.

I therefore find that you do not satisfy the requirements of clause 600.211 in Schedule 2 of the Regulations. As you do not satisfy clause 600.211, I have not assessed your application against the remaining criteria for this subclass of visa.

As you do not meet the requirements of clause 600.211 in Schedule 2 of the Regulations, I find that you do not meet the criteria for the grant of a VISITOR (Class FA) (Subclass 600) visa.
Therefore I refuse your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa.
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