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KNat

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  1. Hi Guys, I am new to this forum and would like to have your expert advise. A brief about me, I am Permanent Resident (Indian Citizen) living in Australia for the last 3 yrs and I got recently married, I had applied for Subclass 309/100 initially and then applied Subclass 600 (Family Sponsored), however it was rejected based on the clause 600.211, Extract of refusal letter is as below, CAN SOMEONE PLEASE SHARE YOUR THOUGHTS ON THIS. Reasons for refusal I have assessed the application and the reasons for my decision are detailed below. An application for a Visitor (Sponsored Family) visa in the Sponsored Family stream has been made by the applicant.In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 600.211 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 whether or not the applicant genuinely intends to stay temporarily in Australia, I have taken into account information provided in the application, the applicant's immigration history and compliance with previous visas. I have also taken into consideration any supporting documents as well as the applicant's personal circumstances, commitments, and incentive to return to their country of residence. Visitor visa refusal is based on the following factors You have indicated that you are married to an Australian resident and wish to travel to Australia for this reason. I understand that you have also lodged a subclass 309 Spouse Visa application. The processing of a spouse visa requires that the spousal relationship be assessed and tested against relevant criteria in order to determine that it is genuine and ongoing. In the absence of such an assessment having been made, I am unable to make a finding that your relationship, and thus the purpose of your visit, is genuine. In assessing the applicant’s intentions for their intended visit to Australia, I have taken both the nature and duration of the applicant’s intended travel into account. The applicant indicated that they intend to travel to Australia for six months and that their reason for travel is visit her husband. I note that the applicant’s reason for travel is inconsistent with the length of stay requested, and therefore have concerns that the applicant may intend to travel to Australia for reasons other than a genuine temporary stay. I have noted that the applicant has family members remaining in India. While I acknowledge that the applicant’s family may provide some incentive to return, I consider her family ties to India to be outweighed by the presence of her husband in Australia. The applicant’s family ties to India are therefore not sufficient to demonstrate that the applicant intends a genuine visit to Australia since the applicant’s family in Australia may act as incentive for the applicant to remain in Australia beyond the validity of her visa. After considering the information provided, I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for the purposes set out above. Therefore, I am not satisfied that the applicant meets the relevant criteria in clause 600.211 in Schedule 2 of the Migration Regulations. Decision As clause 600.211 is not satisfied, I find the criteria for the grant of a Visitor (Sponsored Family) visa in the Sponsored Family stream are not satisfied. Therefore, I refuse the application by the applicant for a Visitor (Sponsored Family) visa in the Sponsored Family stream.
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