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Dear ZHANG
Notification of the refusal of a VISITOR (Class FA) VISITOR (Subclass 600 ) visa.
This letter refers to your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa, which was lodged at Shanghai on 06 September 2016.
I wish to advise that the application for this visa has been refused for the following applicant(s):
ZHANG
After careful consideration of all the information you have provided, I was not satisfied that you met the relevant criteria for the grant of this visa as set out in Australian migration law.
The attached Decision Record provides more detailed information about this decision and the applicant(s) it applies to.
Review Rights
There is no right of merits review for this decision.
Visa Application Charge
The visa application charge which has already been paid was for the processing of the application and it must be paid regardless of the application outcome. There are only limited circumstances in which refunds can be given.
Questions About this Decision
No further assessment of this visa application can be taken at this office. However, if you have questions about this decision, or the process or information that was taken into account, you can contact this office.
Other Applicants
No Other Applicants Recorded
Details of Application
Application ID IRIS 08442273201
Visa Class
VISITOR (Class FA) VISITOR (Subclass 600)
Visa Type Temporary
Application Lodgement Date 06 September 2016
File Number 01696810
Payment Receipt Number 170000030304
Information Considered
I am a delegated decision maker under Section 65 of the Migration Act 1958 (the Act). In reaching my decision, I have considered the following:
·relevant legislation contained in the Act and Migration Regulations 1994 (the Regulations) collectively “migration law”;
·information contained in the department's Procedures Advice Manual 3;
·documents and information provided by the applicant(s); and
·other relevant information held on departmental files.
Reasons for Decision
Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all subclasses within that visa class.
Your application has been considered against the criteria for the following subclasses within VISITOR visa class.
600 - VISITOR
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
(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
(c) any other relevant matter.
In assessing these criteria I have taken into account the information provided in your visa application form, as well as supporting documents relating to your personal and financial circumstances in China.
You stated in your application that you intend to visit Australia for tourism. I find that you have not demonstrated you have sufficiently strong financial, family, employment or other commitments in China that would be an incentive for you to return to China.
More specifically, while you claim to be employed in China, your business is a recently registered small business with low capital, and as such cannot be considered significant in the context of the likely costs of a temporary stay in Australia, or be considered to demonstrate an incentive to return to China after a trip to Australia.
I note that this is your second application for a visitor visa. Your previous application was refused as the decision maker was not satisfied you had demonstrated sufficiently strong financial, family, employment or other commitments in China that would be an incentive for you to return to China.
I have assessed your current visa application, including the additional information you have provided with your application.
I find that the additional information that you have provided with the current application does not adequately address the concerns raised in the decision to refuse your previous application.
In light of the above considerations, I am not satisfied that you genuinely intend to stay temporarily in Australia for the purpose you have stated, and therefore find that you do not satisfy Subclause 600.211 of the Migration Regulations 1994.
Decision
As you do not meet one or more clauses in Schedule 2 of the Regulations, I find that you do not meet the criteria for the grant of a VISITOR (Class FA) VISITOR (Subclass 600) visa.
Therefore, I refuse your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa lodged at Shanghai.
Sophia Zou
Position Number: 60021353
Department of Immigration and Border Protection
09 September 2016 |
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