Aus Visitor Visa Refusal - Help

[smacko]

So unfortunately the Australian Visitor Visa my friend applied for has been refused.

Below is what was communicated back.

A bit of background.

We started talking in Sept 2014 and met in person on Dec 9th 2014 and spent a month together.

Since returning to Australia I have given financial support (3 transfers), to help with the costs of going back to Uni and unfortunately she was seriously ill and sent 3 days in hospital.

I stated she was a friend in the invitation letter and stat dec, however our relationship has now developed into something more.

I started i would full support the holiday and provided bank statements, tax notices, payslips everything needed to show i can more that support the visit.

She started the degree in 2013, had a gap year in 2014 and She is current taking catch up classes and will continue the degree when the semester starts in aug 2015.
The visa refusal states she is only just starting the course, however she has already completed a year. The letter from the uni provided for the application only started "Ms Kate has applied and passed the admission examination in order to be an undergraduate student for COURSE NAME, UNI NAME from the first semester 2015, Academic year in August 2015.

I am back over in March and the plan was she would return with me for a bit over 2months then return in June awaiting the start of her uni course. This was stated in the invitation letter.

Can anyone offer any advice?

I will reapply with further information from the uni showing that she is continuing the course and hasn't just enrolled and not even starting it yet.

I will explain in more details how our relationship has developed further and how i have been supporting her and how i plan to continue the support and why.

I will also state I am happy to offer a security bond (i dont think this is an issue).

Refusal Letter:

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 do not meet the legal
requirement in clause 600.21 (common criteria) in Schedule 2 of the 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 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
( whether the applicant intends to comply with the conditions to which the Subclass 600
visa would be subject; and
© any other relevant matter.

You have stated on your application form that you wish to travel to Australia from
XX/03/2015-XX/06/2015. You have stated that the reason for travel is for tourism and to
accompany your friend, Mr John Smith. You have stated that your friend will
support you financially during your stay in Australia.

I considered that you have recently enrolled and going to study first Academic semester at
BKK University in August 2015.

You have provided an invitation letter and supporting documents from Mr John Smith, an Australian citizen.
He states that he will be supporting your stay in Australia.

I note that you recently met Mr John smith in person in Dec 2015, which recently
met. Based on available information, while I considered that the nature of relationship
is friend only also the duration of relationship is short then the claimed of support is
outweighed.
Regarding no strong evidence to demonstrate strong tie in Thailand and the course just
recently enrolled, not yet commence, as such I am not satisfied you would have sufficient
incentive to leave Australia at the end of your authorised stay or to abide by conditions of
your visa.
Decision
As a result of my consideration of the issues above, I am not satisfied that your intention to
only visit Australia is genuine. Having made this finding, I have decided that you do not meet
this criterion and your application has therefore been refused.
As you do not meet 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).
Therefore, I refuse your application for a Visitor (class FA) (subclass 600) visa lodged at The
Australian Embassy, Bangkok.

Edited February 23, 2015 by smacko

[smacko]

some additional information.

there is an outstanding bill for 32200thb which is the cost for the first term in June.

this bill hasn't been paid as it doesn't need to be paid until the glass starts.

i have advised her to make payment for term 1 and it is non refundable (stated on the receipt)

this will further support her need to return to study as the term is already paid for

unfortunately she hasn't kept in paper work from 2013, and the uni has advised they will next put the 2013 records into the student portal until the next semester starts.

so she will have to ask the school for any academic records or even a letter saying she is continuing the course not starting it

Edited February 23, 2015 by smacko

[Will27]

My take on the refusal is not so much the lack of reason to return to Thailand,

but the small amount of time you have known your girlfriend.

You said you met her in person on 9 December 2014 and I assume she

applied for the visa in Feb 2015.

Although Immigration won't come out and say it, they usually like to see a time frame

of around 6 months. The case officer has basically said as much "I note that you recently

met Mr John smith in person in Dec 2015, which recently met."

I wouldn't get to caught up in with the school fees etc. You just need to spend more time

with your partner IMO.

You may be pushing it by reapplying again in March as it's still only 4 months. I think you would also

have a better chance by applying for maybe a month visit instead of two.

All the best anyway.

[smacko]

thank you for the take on the visa.

i have written a new stat dec talking about the relationship in more detail, and a close friend of mine who has met her will also write a stat dec inviting her to visit his address if she comes to australia.

there is no offical time (i can find) that you need to know someone in person, so i will try again, unfortantely the window for her to travel is between March and early June, so waiting until May doesn't leave much (if any) time for a visit.

[Will27]

thank you for the take on the visa.

i have written a new stat dec talking about the relationship in more detail, and a close friend of mine who has met her will also write a stat dec inviting her to visit his address if she comes to australia.

there is no offical time (i can find) that you need to know someone in person, so i will try again, unfortantely the window for her to travel is between March and early June, so waiting until May doesn't leave much (if any) time for a visit.

No problems

IMO, stat decs for tourist visa's are pretty much a waste of time (others will disagree).

If I were you, I would leave it as late as possible to apply, maybe mid April.

You can apply online now as well.

[smacko]

Any harm in trying again in march? I will write a much more detailed letter then before explaining the relationship and support and get much better supporting information about the course to return to, including a room already rented near the school containing all belonging paid for until she returns to study so that the room is available for the semester etc as the refusal says based on available information

Or would would trying a

[Will27]

Any harm in trying again in march? I will write a much more detailed letter then before explaining the relationship and support and get much better supporting information about the course to return to, including a room already rented near the school containing all belonging paid for until she returns to study so that the room is available for the semester etc as the refusal says based on available information

Or would would trying a

No harm in her trying in March but another refusal wouldn't look great.

Like I've told you, my take is on the small amount of time you've known her,

so letters detailing the relationship and financial support won't really cut it IMO.

I'm pretty sure the refusal rate for tourist visas in Thailand is less than 5%, so they're

pretty easy to get as long as you have known the person more than 5 minutes and put

in a decent application.

You do get the odd poor decision but IMO, only knowing someone for 2 months before

applying for a visa would've been a red flag.

Can you apply early April and ask for a month?

I'm not saying she wouldn't succed in March, but I think another month would be more beneficial.

Edited February 24, 2015 by Will27

[OZEMADE]

You have quite clearly been knocked back on two counts as stated, and remember when re applying they will have all these documents on file, so don't try and pull the wool over their eyes.

I note that you recently met Mr John smith in person in Dec 2015, which recently
met. Based on available information, while I considered that the nature of relationship
is friend only also the duration of relationship is short then the claimed of support is
outweighed.

Regarding no strong evidence to demonstrate strong tie in Thailand and the course just
recently enrolled, not yet commence, as such I am not satisfied you would have sufficient
incentive to leave Australia at the end of your authorised stay or to abide by conditions of
your visa.

These two main points above are the ones you will mainly have to cover, if you are re applying.

Edited February 24, 2015 by OZEMADE

[MrWorldwide]

OP, I'm afraid your friend is now sailing with a whole new ship of fools. If I could bulldoze Canberra and start again, I would but sadly that isnt going to happen - I'm content in the knowledge that I should never have to deal with the Australian bureaucrazy again. Hope it all works out for you.

[krisb]

I'm convinced it boils down to who you get looking at your application.

Friend of mine knew a girl for maybe 2 months, and she got 3 month holiday visa to Australia no problems.

[Will27]

I'm convinced it boils down to who you get looking at your application.

Friend of mine knew a girl for maybe 2 months, and she got 3 month holiday visa to Australia no problems.

That's correct up to a certain extent.

You will never get 100% consistency because there are several case officers

who have to make a subjective decision based on the information they have.