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请懂的前来指点一下，我们需要打MRT 吗？机率有多大，其实就是想趁外甥女放暑假的时候，来澳洲玩玩。。。
The applicant has applied for the grant of a subclass 600 – Visitor visa on the basis that they intend to visit her brother, for a period of 2 months. The applicant is a 38 year old female, residing in China.
Information and evidence considered
I am a delegated decision maker under section 65 of the Migration Act 1958 . In reaching my decision, I have considered the following:
● ●
Relevant legislation contained in the Act and Migration Regulations 1994
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 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 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 is a primary criterion to be satisfied at the time of decision has not been met by the applicant 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 regard to: 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
whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and any other relevant matter.
In assessing whether or not the applicant intends a genuine temporary stay, I have taken into account the information provided in the application and all supporting documents relating to the applicant’s personal circumstances, commitments, and incentive to return home.
The applicant has not provided evidence of any previous travel or demonstrated previous compliance with immigration laws in Australia or other countries. I therefore place no weight on previous international travel as evidence that the applicant will comply with her visa conditions and depart Australia within the validity of her visa.
I have noted that the applicant has indicated that she owns land in China. In the absence of strong personal or employment ties to China, I place limited weight on this land ownership as incentive to return to China because land is an easily transferable asset that could potentially be sold or leased from within Australia.
In response to the employment status of the applicant on form 1418, the applicant declared that she holds the positions of Sales with Shandong Transport Group. She provided a letter from her employer as evidence to substantiate her employment claims. While her employment claims are not doubted, I give little weight to this as an incentive to return to China given the employment opportunities in Australia and the large disparity of salaries between China and Australia.
Section 7.2 of Genguide H, specifies that the term ‘visit’ refers to both the nature and duration of the applicant’s proposed visit. In assessing the applicant’s intentions for their intended visit to Australia, I have taken both the nature and duration of the applicant’s intended travel into account. In response to questions one and two on form 1418, the applicant indicated that they intend to travel to Australia for 2 months and on question 24 stated that their reason for travel is to visit brother and nephew. I note that the applicant’s reason for travel is inconsistent with the length of stay requested, and therefore have concerns that the applicant may intend to travel to Australia for reasons other than a genuine temporary stay.
I acknowledge that the purpose of the applicant’s intended travel is to visit their family. While the applicant’s purpose of visit is noted, this in itself does not demonstrate that the applicant only intends a genuine temporary stay.
After considering the information that was provided as evidence of the applicant’s purpose in visiting Australia, I am not satisfied that the applicant genuinely intends to visit Australia temporarily.
Therefore, I am not satisfied that the applicant met the legal requirements in clause 600.211 of Schedule 2 to the Regulations.
Decision
As Clause 600.211 is a primary criterion to be satisfied at the time of decision is not met by the applicant, I find the criteria for the grant of a Visitor visa in the Sponsored Family stream are not met by the applicant, and thus the applicant does not meet the criteria for the grant of a Visitor 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.
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发表于 2015-7-29 01:27:16
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