白本拒签 求大神分析一下
Student Visa Processing CentreDepartment of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
21 January 2019
Shuangming WANG
No. 1-66, Longhua Xiaoqu, Jian'an Rd,
Longfeng District
Daqing HEILONGJIANG SHENG 163711
CHINA
In reply quote:
Client Name Shuangming WANG
Date of Birth 05 June 1988
Date of Visa Application 11 January 2019
Application ID 1930621918
Transaction Reference Number EGOKWUC86F
File Number BCC2018/6109486
Visa Application Charge Receipt Number 9011807844
Transmission Method Email sent to [email]shuangming.wang2@gmail.com[/email]
Dear Shuangming WANG
Notification of refusal of application for a Student (Temporary) (class TU) Student
(subclass 500) visa
Refused Applicant
I wish to advise you that the application for this visa has been refused on 21 January 2019
for the following applicant:
Client Name Shuangming WANG
Date of Birth 05 June 1988
The applicant did not satisfy the provisions of the Migration Regulations 1994.
The attached decision record provides detailed information about this decision as it applies to
this applicant.
Review rights
There is no right of merits review for this decision.
Receiving this Letter
As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.
Questions about this decision
We cannot consider your visa application any further.
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Student Visa Processing Centre
Department of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
Visa application charge
The visa application charge which has already been paid can only be refunded in limited
circumstances, regardless of the application outcome.
A receipt for your payment is available through your ImmiAccount.
Yours sincerely
Kerry
Position number: 60000368
Department of Home Affairs
Student Visa Processing Centre
Department of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
DECISION RECORD
Application details
Visa class Student (Temporary) (class TU) Student
(subclass 500)
Stream (main applicant only) Vocational Education and Training Sector
Date of visa application 11 January 2019
Transaction reference number (TRN) EGOKWUC86F
Application ID 1930621918
File number BCC2018/6109486
Visa application charge receipt number 9011807844
Client name Shuangming WANG
Date of birth 05 June 1988
Client ID 43027610230
Visa subclass stream Vocational Education and Training Sector
The applicant’s claims
The applicant applied for a Student (Temporary) (class TU) Student (subclass 500) visa.
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 Migration Act and Migration Regulations 1994
● relevant policy and procedural information on LEGEND
● documents and information provided by the applicant(s)
Findings
On the basis of all the information available to me, including the documents and information
the applicant provided, I find that the criteria for the grant of a Student visa are not met by the
applicant.
Reasons
I have assessed the application and the reasons for my decision are detailed below.
A valid application for a Student visa has been made by the applicant.
A visa cannot be granted unless the relevant criteria set out in the Migration Act and the
Migration Regulations are satisfied.
In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:
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Student Visa Processing Centre
Department of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
500.212
The applicant is a genuine applicant for entry and stay as a student because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the
applicant; and
(iv) any other relevant matter; and
(b) the applicant intends to comply with any conditions subject to which the visa is granted, having
regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the
applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be
subject; and
(c) of any other relevant matter.
This clause is also known as the genuine temporary entrant criterion.
Ministerial Direction No 69 - Assessing the genuine temporary entrant criterion for Student
and Student Guardian visa applications sets out the factors that must be taken into account
when assessing the genuine temporary entrant criterion for Student visa applications. This
Ministerial Direction is made in accordance with section 499 of the Migration Act. Further
information is available at: immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf
In summary, these factors include:
● the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country
● the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern
● the value of the course to the applicant’s future, including the course’s consistency with
the applicant’s current education level, whether the course will assist the applicant to
gain employment in their home country, relevance of the course to the applicant’s past
or future employment in their home country or a third country, and remuneration and
career prospects in the applicant’s home country or a third country to be gained from the
course
● the applicant's immigration history, including visa and travel history for Australia and
other countries, previous visa applications for Australia or other countries, and previous
travels to Australia or other countries
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Student Visa Processing Centre
Department of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the
applicant
Any other matter relevant to the applicant’s intention to stay in Australia temporarily must
also be considered. These factors have been weighed up to make an overall decision.
In considering whether the applicant met the genuine temporary entry criterion I had regard
to the following factors, consistent with clause 500.212 and Ministerial Direction No 69. The
factors were used to weigh up the applicant's circumstances as a whole, in reaching a finding
about whether they satisfy the genuine temporary entrant criterion.
I have taken into consideration all of the information provided in support of the applicant’s
application.
I have given regard to the applicant’s circumstances in their home country. The applicant
most recently completed their senior schooling in China in June 2007. The student has not
undertaken any further study since that time. They have not provided evidence that, since
that time, they have made a thorough investigation of further study options in China which
raises serious concerns regarding their motivation to now study in Australia. The applicant
has not adequately explained why they are returning to study, at an international level, after
a substantial gap of over 11 years. The applicant is currently employed as a vice sales
manager at Jinan Weiyi Household Products Co Ltd since March 2016. In their application
they have not clearly demonstrated the benefit that undertaking the proposed courses in
Australia would provide to their career prospects given that they are gainfully employed
with their current qualifications. I acknowledge that the applicant has immediate family in
China. However, when considering the applicant’s circumstances in their home country, on
balance I find that they have not been able to demonstrate strong enough ties to outweigh a
significant incentive for them not to return to their home country.
I have also considered the applicant’s potential circumstances in Australia. The applicant
is proposing to undertake a General English course and a Diploma of Leadership and
Management in Australia. I acknowledge the applicant’s statement of purpose provided in
support of their application. In the applicant’s study plan they have provided information
regarding their reasoning for undertaking further study at an international level, their reasons
for choosing the course and an understanding of their proposed study. I am therefore
satisfied that they have shown a realistic level of knowledge that an applicant would be
expected to know regarding their potential circumstances in Australia, and that their potential
circumstances in Australia may not act as an incentive to remain.
I have considered the value of this course to the applicant’s future. The applicant has chosen
a course that represents a higher level of education to the qualification they currently hold.
As such, it seems that this course may be of benefit to the applicant’s future education,
employment and remuneration prospects. I have considered the applicant’s statement of
purpose. I have noted that the applicant has failed to give strong reasons to satisfy me
how the proposed study will assist them in their future career plan. The applicant states
that after completing their study they will return to China, with an international qualification,
and return to their current employer as sales manager. They advised that they expect their
remuneration to rise from 12000 RMB to 150000 RMB plus bonus. While their employment
and remuneration may improve due to completion of this course, they have not demonstrated
a clear and substantial improvement arising from the proposed study that will outweigh
the significant time and monetary commitment this course would require. The applicant
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Student Visa Processing Centre
Department of Home Affairs
WEBSITE: [url]www.homeaffairs.gov.au[/url]
has not provided detailed or convincing testimony as to how this Australian degree would
assist them in achieving their goal in comparison to a qualification, which could be acquired
domestically. I have considered the remuneration they could reasonably expect to receive
in their home country and have compared them to the costs of their proposed course
and living costs in Australia. The significant cost of the course is unlikely to be offset by
the potential income derived by the applicant in their expected employment field. I find
that there is no need for the applicant to pursue the proposed course at great cost given
their career ambitions. I cannot be satisfied that the applicant has demonstrated that the
proposed Diploma qualification would be of a greater benefit to them than the qualifications
and extensive work experience they currently hold, or a further qualification that could be
obtained locally. Therefore I am not satisfied that the applicant has demonstrated the value
of the proposed courses to their future.
I have given regard to the applicant’s immigration history. As the applicant has no
immigration history to consider, this factor was not relevant to my decision.
As the applicant is over 18 years of age, the factors relating to minors were not relevant to
my assessment.
I have considered whether there is any other relevant matter, however in this case I have
determined that there are no other relevant matters.
I have considered all of the information provided by the applicant in support of their
application. On balance, I am not satisfied that the information the applicant has provided
regarding their circumstances in their home country, potential circumstances in Australia,
the value of the proposed course to the applicant’s future and the comparatively greater
economic opportunities in Australia are sufficient to demonstrate that they are a genuine
temporary entrant.
Conclusion
After weighing up these factors as a whole, I am not satisfied that the applicant intends
genuinely to stay temporarily in Australia.
Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for Student
visa.
Assessment against the criteria of other subclasses in class TU
As the application was not made on Form 157G (Application for a Student Guardian visa), I
have not considered the application against the subclass 590 Student Guardian visa criteria
in this visa class.
Yours sincerely
Kerry
Position Number: 60000368
Department of Home Affairs
21 January 2019
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