How to receive an Australian tourist visa after getting denied once?
I'm an Iranian citizen, resident in Iran. My sister has lived in Australia for 5 years and is an Australian citizen. My family applied for a tourist visa (subclass 600) to attend her wedding ceremony and visit Australia.
My family were all refused a visa on suspicion that they may not come back to Iran. They are frequent tourists and have traveled many countries (Schengen, Brazil, South Africa, Russia, India, Philippines, etc) and they never overstayed on those trips. They provided financial capacity, employment commitment, wedding invitation and other necessary documents. Their request was rejected based on suspicion of possible overstay and possibly not coming back to Iran at all.
I want to know, is there anything that my sister or her fiance can do to revise this decision? For example, can my sister take the responsibility of their promised stay and take responsibility to make them go back to Iran? Is it possible for him in Iran to produce a financial document promising to coming back to Iran? Like placing their home's ownership document in Australia's embassy in Iran for assurance of their return?
The refusal Letter goes like below. I've edited out the personal information:
I note that you are a ... years old male residing in Iran. I note that you wish to travel to Australia to attend the wedding ceremony of your relative (your sisters sister in law) for a period of 3 months.
I note that you have stated on your application form that you are the manager at ..... Co. since ..... and you have provided copy of your employment certificate and social security premium as evidence. I have given weight to this fact at the time of assessment.
I note that you have provided your evidence of funds (your bank statement and house ownership). However, I place limited weight on these financial assets as inducement to return to Iran as these assets are transferable and could be potentially withdrawn, sold and/ or accessed from within Australia.
I note that you have previous international travel history. I have given weight to this fact at the time of assessment of your application. However, there are other factors and findings outweighing these compliant overseas travels when deciding your application.
I note that you travelling with your wife and dependent child and will therefore have no immediate family (namely your spouse or dependent children) remaining in Iran to act as incentive for your return to Iran and I also considered you have no close family ties in Australia.
I have carefully considered all affidavits you have provided. However by taking into account your circumstances in Iran and your proposed visit to Australia and weighed these against the risks of you remaining in Australia. I have determined that based on your personal circumstances I am not satisfied that your intention only to visit Australia is genuine and I am not satisfied that you will not use the Tourist visa, if granted, for other purposes or as a means to seek to remain in Australia.
Therefore, I am not satisfied that you have met the legal requirements in clause 600.211 of Schedule 2 of the Regulations.
Best Answer
You can certainly re-apply for an Australian visit visa, but you will have to overcome the conclusion reached in your previous application. The wedding mentioned in your last application has long since passed, your relationship to the family was questioned, as was how long you wanted to be there.
Your refusal, under 600.211 Schedule 2 of the Regulation, basically says you were not believed to be a genuine visitor, and there was a likelihood that you might overstay or otherwise breach visa conditions.
However, there were strong points in your favor: employment, home ownership, funds, travel history, so perhaps you mistakenly indicated 3 months, rather than what might be considered reasonable for such an event, e.g, 7-10 days.
In any future application, you might consider why you wish to visit and present a very strong premise (in light of the refusal on record) and whether migration might be an option.
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