visa rejection for tourist visa to Australia

[White Christmas13]

To appeal or not to appeal

My brother in law had his application for tourist visa to Australia

rejected ( he does not meet the criteria to enter Australia ) I do

know the reasons, he can not prove a long term employment in

Thailand so for the Australian immigration department it looks

like he has no valid reason to go back would he be better of

to apply again for a new visa again or appeal the

decision? I checked out the MRT site but can not find any details

about the time frame to logde a new application

he has been to Australia before, a number of years back also his

son is here on a student visa and his sister(my wife) is a permament

residence in Australia for many years and I am an Australian citicen

any input by you guys who have been in the same situation would be

very helpful.

Thanks in advance

[Will27]

Can you advise what type of visitor visa he applied for?

If it's a visitor visa - tourist stream, there are no appeal rights.

If you're unsure, this visa is lodged offshore (Bkk in your case)

and is lodged on form 1419.

If it was lodged on form 1418, it's a sponsored family stream and

the application is lodged in Australia and you can appeal.

This is generally easier to obtain as a bond can be asked for if the case

officer has some doubts.

[White Christmas13]

Can you advise what type of visitor visa he applied for?

If it's a visitor visa - tourist stream, there are no appeal rights.

If you're unsure, this visa is lodged offshore (Bkk in your case)

and is lodged on form 1419.

If it was lodged on form 1418, it's a sponsored family stream and

the application is lodged in Australia and you can appeal.

This is generally easier to obtain as a bond can be asked for if the case

officer has some doubts.

the visa was a visitor visa class FA (subclass 600 ) lodged in BKK

it says a review can be lodged in person faxed or posted to a list

of MRT offices in Australia

[Will27]

Can you advise what type of visitor visa he applied for?

If it's a visitor visa - tourist stream, there are no appeal rights.

If you're unsure, this visa is lodged offshore (Bkk in your case)

and is lodged on form 1419.

If it was lodged on form 1418, it's a sponsored family stream and

the application is lodged in Australia and you can appeal.

This is generally easier to obtain as a bond can be asked for if the case

officer has some doubts.

the visa was a visitor visa class FA (subclass 600 ) lodged in BKK

it says a review can be lodged in person faxed or posted to a list

of MRT offices in Australia

It sounds to me that it was a sponsored family stream application

which are lodged by the sponsor (your wife) in Australia.

Like I said, these are usually easier to get as DIAC cans ask for a bond.

If you could post the reasons why it was refused, it will be easier to

give advice. Usually though, no long term employment can be overlooked on

a sponsored visa.

The review period/dates will be posted on his letter.

MRT appeals can take ages but either way, if you're going to appeal or apply again,

you should really have some additional material to submit.

Again, if you could paste the refusal letter without the personal details,

it would help.

[White Christmas13]

Can you advise what type of visitor visa he applied for?

If it's a visitor visa - tourist stream, there are no appeal rights.

If you're unsure, this visa is lodged offshore (Bkk in your case)

and is lodged on form 1419.

If it was lodged on form 1418, it's a sponsored family stream and

the application is lodged in Australia and you can appeal.

This is generally easier to obtain as a bond can be asked for if the case

officer has some doubts.

the visa was a visitor visa class FA (subclass 600 ) lodged in BKK

it says a review can be lodged in person faxed or posted to a list

of MRT offices in Australia

It sounds to me that it was a sponsored family stream application

which are lodged by the sponsor (your wife) in Australia.

Like I said, these are usually easier to get as DIAC cans ask for a bond.

If you could post the reasons why it was refused, it will be easier to

give advice. Usually though, no long term employment can be overlooked on

a sponsored visa.

The review period/dates will be posted on his letter.

MRT appeals can take ages but either way, if you're going to appeal or apply again,

you should really have some additional material to submit.

Again, if you could paste the refusal letter without the personal details,

it would help.

I made some calls in the meantime to the MRT here in Australia and they

recommended to file a new application with some more updated employment

details and more prove of financial statements since reviews of rejected

applications can take a while so we decided to make a new application

in a few weeks time.

I appreciate your help and thank you again

[KiwiStyle]

Hi White Christmas13

The MRT are independent of the Australian Department of Immigration and Border protection and would be more focused on satisfying the Bangkok office. As others have noted we cant really give detailed advice/opinions as it is the small details that can affect the outcome of a visa application.

My advice would be to ensure you address all of the concerns noted by the Visa Officer and also ensure that the applicant's employment history is well documented and, where possible, verifiable.

Regards
Liam

[tezzainoz]

My wifes sister works very close to the Australia Embassy in Bkk

I ask her to look at your posting and give her opinion

As she has non bias she will talk straight to you on your posting

1) First you must meet the application Australian Immigration Critere

Unless you are prepared to sit down and read the 87 page book they immigration office will not tell you what this is

2) The embassy will give you one reason for your refusal and that is there is a risk you will not return to Bkk on the conclusion of the visa

This s based on what information you give to them in your application

As you have taken the easy tourist visa, you should be coming as a tourist but you have supplied to much information that says you are not a genuine tourist and most probably will not want to return to Thailand and will want to stay with family

A long term employment in it self is not proof you will return to Thailand, but a letter from you boss showing why you would and you still have your job when you get back will carry alot of weight.

If you have been paying superanuation or life insurance for many years this is good proof you will return

Appeal is a long expensive way to go with a very low chance of success

If you re apply with another application, you can not change any of the facts you put in the old application, as this will be used against you, to prove they made the correct descison in the first place

The only way you can do another application is to supply facts that where not included in the first application and why they where not

The best way from here is for you, is to personally ring the head of Visas in Bkk and ask for anappointment to explain the matter

The best you will hope to get is an appointment to see him

you will then need to travel to Bkk and make the appointment

The main fact you need to understand

the decision has been made

you will need to apply again and most likely use the correct visa as a tourist visa does not seem to be the correct visa for you

Sorry if the news is now what you hoped for

[KiwiStyle]

If you re apply with another application, you can not change any of the facts you put in the old application, as this will be used against you, to prove they made the correct descison in the first place

The best way from here is for you, is to personally ring the head of Visas in Bkk and ask for anappointment to explain the matter

The best you will hope to get is an appointment to see him

you will then need to travel to Bkk and make the appointment

I disagree with this one point. Every application, including resubmissions, are assessed on their individual merits. If the applicant's circumstances have changed, then this just need to be documented correctly.

I also do not believe anyone should travel to BKK and make an appointment with the Chief Migration Officer as even getting an appointment for s simple refusal can be almost impossible.

My advice would be to just ensure that the type of visa is inline with the principle applicant's intentions and that the application is well documented.

Cheers

Liam

[tezzainoz]

If you re apply with another application, you can not change any of the facts you put in the old application, as this will be used against you, to prove they made the correct descison in the first place

The best way from here is for you, is to personally ring the head of Visas in Bkk and ask for anappointment to explain the matter

The best you will hope to get is an appointment to see him

you will then need to travel to Bkk and make the appointment

I disagree with this one point. Every application, including resubmissions, are assessed on their individual merits. If the applicant's circumstances have changed, then this just need to be documented correctly.

I also do not believe anyone should travel to BKK and make an appointment with the Chief Migration Officer as even getting an appointment for s simple refusal can be almost impossible.

My advice would be to just ensure that the type of visa is inline with the principle applicant's intentions and that the application is well documented.

Cheers

Liam

The advise written was from some one who works ......... Lets just say close to the embassy application centre

If you know better then I guess you must be her boss

""""including resubmissions, are assessed on their individual merits"""""

But you forgot to mention if these things are different from the original application, you are no in breach ot the origional application being an un truth

"""""I also do not believe anyone should travel to BKK and make an appointment with the Chief Migration Officer "": I guess you have the right to your opinion

"""""even getting an appointment for s simple refusal can be almost impossible."""""" Maybe almost is correct. but that word says there is a chance

He can go to a visa application shop that gaurantees no visa get your money back

but they will only take on clients who have the chance to get a visa

[White Christmas13]

If you re apply with another application, you can not change any of the facts you put in the old application, as this will be used against you, to prove they made the correct descison in the first place

The best way from here is for you, is to personally ring the head of Visas in Bkk and ask for anappointment to explain the matter

The best you will hope to get is an appointment to see him

you will then need to travel to Bkk and make the appointment

I disagree with this one point. Every application, including resubmissions, are assessed on their individual merits. If the applicant's circumstances have changed, then this just need to be documented correctly.

I also do not believe anyone should travel to BKK and make an appointment with the Chief Migration Officer as even getting an appointment for s simple refusal can be almost impossible.

My advice would be to just ensure that the type of visa is inline with the principle applicant's intentions and that the application is well documented.

Cheers

Liam

I do agree with you Liam in the matter of fact he applied for a tourist visa and maybe he forgot to include

employment details or other important details in his application, we just act as a sponsor for his visa

Saying this he came over here 10 years ago and returned before the visa expired this is not a Family

sponsored visa just a tourist one and also he has a son in Australia he would like to visit.

[KiwiStyle]

Hi White Christmas13,

That's right, just make sure you cross all of your t's and dot all of your i's. Any refusal can come about because of one simple error, and that shouldn't deter you from applying again, just ensure everything is well documented.

I have worked closely with the visa section at the Aust embassy for years, on an official level, through the 5CC Bangkok Task Force and I wouldn't let the Aust Immigration regime scare you. At the end of the day, it all comes down to common sense in that if an applicant is able to demonstrate their intentions are genuine, and that they have sufficient ties to ensure they return, then they will get the visa. But I am a little surprised he was refused, especially if he is able to evidence previous travel and compliance to Australia.....its not often that happens.

These forums can get a little heated and most of them end up in discussions that don't help anyone. If you want to discuss this further, please feel free to PM me.

Cheers
Liam

[jacksam]

OP Just recently I helped my Thai gf with her application for tourist visa to AU which was successful. My main gripe was trying to show "compelling reason to return".

I used everything I could think of. Such as copy of her lease. Birth certificate for her daughter .

Even took pictures of inside our condo to show furniture appliances etc.

Built up her bankbook to about 100k.

In your brother in law's case, he needs to come up or rather demonstrate this.

I even included letters from her family/friends wishing her good holiday and speedy return.

Think I over did it but application was successful. I could not used employment as I met her in bar.

Strange thing is ladies working in bars have better employment reasons to return than many others.

My first gf here was in charge of 8 office staff. Had one day off per week. 25k a month.

Hardly a reason to return. I pay my cleaner in AU 900 BAHT an hour.

But play within immigration rules and best of luck