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· Registered
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Discussion Starter · #1 ·
My dad is holding a 600 visitor visa (Multiple entries, max for 12 months stay, with 8558 condition [Non Resident: Cannot stay for more than 12 months in any 18 month period.]). It will be expired soon, so recently he applied another 600 visitor visa online for 1 year(max 3 months stay) after he departed from Australia on 3/3/2017.

Well, the process time is also quite abnormal:
04/03/2017 submit visa application
06/03/2017 request health medical check
07/03/2017 morning, finished the health check. (cost $$$)
07/03/2017 afternoon, get the refusal letter.

The reason of refusal is attached as below:
"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. Your application has been considered against the criteria for a subclass 600 visa in the Visitor visa class. As you do not meet one or more clauses in Schedule 2 of the Regulations, I find that you do not meet the criteria for the grant of a subclass 600 visa in the Visitor visa class. Therefore, I refuse your application for a Visitor visa."……"Departmental records show that you last departed Australia on 03/03/2018 and that in the last three years you have entered Australia on numerous occasions, and spent a total of 365 days in Australia on visitor visas." ……"I have considered your purpose in travelling to Australia in your current application in the context of your immigration history and have serious concerns that your true intention in visiting Australia is to establish de facto residence."

I also re-calculate his passport records as below:
27/11/2016 arrived - 13/05/2017 departed: total 168 days
19/08/2017 arrived - 03/03/2018 departed: total 197 days
Total 168+197=365 days in the last 18 months. And the 8558 condition says no more than 12 months. 365 days means more than 12 Months? If 366 days, I think it is over, but 365 days?

The email also says "Once a decision on the visa application has been made, the Visa Office is unable to consider new information, review the decision or provide further details on the reasons for the decision." I can only lodge a review application for my case at Administrative Appeals Tribunal (AAT) but will cost $1731....:mad:

Can anyone please provide any suggestions on my case?
Again, it sounds really not right if they rejected the Visa application because of their mistake.

· Premium Member
6,622 Posts
You’re grasping at straws. Realistically, your dad will have to wait 6 months before re-applying. An appeal will be pointless.

Even if he had spent one day short of 12 months (or 364 days) in Australia during the past 18 months, he could only have been granted a new visa for 1 day.
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