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Visitor (Class Fa) Tourist Subclass 600 Visa Been Refused, Can I Appeal

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Dear all, I've been researching and I came across this forum (Thank God for this forum) and I needed some help if it may apply.

 

I am applying Australia visa for my mom -she is Indonesian- while I'm Malaysian.

We are going for a family trip in this year July 2018.

So we apply with the help of my agent, but this is what I got after our first application. My mom doesn't have bank account therefore I will be the one sponsoring my mom.

I included my poor bank statement and after rejected, my agent told me that we need to show a stronger amount. I'm in shock why didn't she tell me earlier?! She didn't warned me either because I still have my fixed deposit statement that I can include.

 

Since then, my agent tried to appeal 2 times by emailing them my other stronger statements but there is no respond. It's been a month now waiting. In the refusal letter there is this:

"Questions about this decision

We cannot consider your visa application any further."

 

I'm so sad that my mom couldn't travel with us now. I still can't believe that my first application been ruined away just like that.

Question is, will they respond to our appeal letter? or I need to re-apply?

I'm still hesitating to re-apply because of my current residing state, we need to fly over to Kuala Lumpur, Malaysia to do the biometrics process all over again. It will cost us double. Plus I can't guarantee will they grant us on the second application.

 

Now here's my refusal notification:

 

Findings

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

the VISITOR (Class FA) visa class:

● Subclass 600 - VISITOR

 

You did not satisfy the requirements in clause 600.212 of the Regulations, which provides as

follows:

600.212

The applicant has:

a- adequate means to support himself or herself; or

b- access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

 

Reasons

In reaching my decision that you do not satisfy clause 600.212, I considered several factors,

including:

● The statement that your daughter sponsoring your proposed stay in Australia

● The amount of funds available to you and your daughter to cover the entire period of

your proposed stay in Australia

● You have not provided sufficient documentation to demonstrate that you have, or have

access to, adequate available funds to support yourself and your family during the

proposed stay in Australia

As you do not meet at least one clause in Schedule 2 of the Regulations, ie clause 600.212, I

have not turned my mind to whether you satisfy the other Schedule 2 criteria.

 

Decision

As you do not meet at least one clause 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.

 

Thank you so much!

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Appeal is not a option for you.

 

You can re-apply at any time, as long as you address the original refusal reason, that is, failing to show sufficient funds available.  I quote "You have not provided sufficient documentation to demonstrate that you have, or have access to, adequate available funds to support yourself and your family during the proposed stay in Australia".  If you show proof I see no reason why you will not get a grant.

 

Is your agent MARA registered? from what you say, your agent has not given you good advice.

 

Remember to formally sponsor a family member under a VV, the sponsor must be a PR or Citizen.  For a normal VV, each applicant must show they  EACH have the funds to visit.

 

Are you a PR or are both of you applying for VV?

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Hello AussieDude,

 

Thank you so much for your reply, I really appreciate it ^^

 

I'm not sure about my agent is MARA registered or not but I do suspect that because she didn't explain much to me. She just told me to prepare to documents, ask me few questions and that's it. Then we are told by her to fly to Kuala Lumpur for the biometrics process. I'm so frustrated because it seems like I'm the one to do the follow up and research more. I'm so upset when we got the refusal results.

 

I'm not PR, both of us applying for VV as well but for Malaysians we can apply the ETA Visa, except for my mom which is an Indonesian. She married to my father (Malaysian) and since then staying in Malaysia for more than 30 years. I'm taking my parents to Australia for a short family trip (their first time). I've been to Australia few times.

 

As for my mom case, like what you mention "For a normal VV, each applicant must show they EACH have the funds to visit."

My mom doesn't have her own bank account or income as she is a housewife. Therefore the agent apply me as the daughter to sponsor her.

Is this the reason we got rejected because she don't have her own finance support? We are unsure if the agent apply this correctly or not too.

Does this means I need to provide a stronger bank statement as a proof or my mom need to have her own bank account when I re-apply?

 

Thank you so much again.

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if your agent isn't MARA registered you are wasting your money. and given that they told you that you can sponsor your mum then I would say they aren't. only a Australian PR or citizen can sponsor.

letters of support can be provided but it's up to the individual case officer if they accept it.

basically your mum needs to be able to access the funds herself in her name.

it's to act as a precaution if something happens they can support themselves ect.

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Hello Aussie_83,

 

Yes I am feeling that I waste the money too, it is like buy me an expensive lesson, and thank you for telling me now that I realized that my mom need to have her own funds/ stable bank statement during her visit. I think the letter of support is not convincing enough. So I guess I just have to give up on this because even if my mom create a new bank account, you need a certain amount inside to proof or else they will said insufficient funds >.<

I should have do more research before I bought those tickets, Lesson learnt.

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Ringo, 

 

Its simple, just get your mum to open a bank account, and you deposit the required funds into the account.  Then get a Statement and attach that to her VV application.  Once she is here she can do whatever she wants with the monyer, i.e send it all back to you.

 

Aussie_83 and I state the same thing almost daily,   GET A MARA REGISTERED AGENT.

 

All MARA agnets have to regsitered, and all Registration can be checked here  https://www.mara.gov.au/search-the-register-of-migration-agents/

 

If they dont come up on the MARA search they are fake, no exceptions.

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Hello Morning AussieDude,

 

We just open a bank account for my mom last week. But it's too soon I'm not sure will they be suspicious on the large amount or not once I deposited. Or will they check back her first application?

 

Yes I'm checking on the website, I found two agents in my town. I will try to contact them first and let them know my mom's case.

Thank you so much!

 

P/S: Do the MARA agents handled VV application as well? I thought they only help in migration clients.

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and they handle any. some specialise in certain areas but a VV is very basic and shouldn't be a problem for anyone.

just seeing the last so called agent really botched the first one i think the added help would be good.

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Hi Aussie_83, I think Im gonna apply it myself instead of using agent. So since we have already open new bank account for my mom, and I will put a certain amount inside, will see if they will approve or not. I have another idea...if I provide additional information like my relatives is staying there, will it be better?

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yep you include anything you can think of that may help prove intent to return, land/bike/car papers help.

and in your letter mention you have opened the account and put the money there so she will have money for the holiday but will be with you ect ect.

best of luck

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Hi Aussie_83, I think Im gonna apply it myself instead of using agent. So since we have already open new bank account for my mom, and I will put a certain amount inside, will see if they will approve or not. I have another idea...if I provide additional information like my relatives is staying there, will it be better?

You generally dont need an agent to help you with a VV application, they are relatively simple.  if you dont understand some of the Legal English, ask the forum.

 

So you have the money aspect fixed, now u just need to establish the compelling reason to return, loans, land, debts, social/church responsibilities, community responsibilities, jobs, even casual, all help to create a compelling case, try to back every statement up with some form of 'evidence', stat decs from doctors, community leaders, friends, etc all help. Lots of small pieces of evidence can create a strong case.

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Yes, thank you both of you for your help and advice I'm really getting back my hope here. For my mom she doesn't have loans/debts as she is housewife, she can't work because she is not Malaysian in my country. But my dad is a Reverend in church and my mom have been helping him on some social works. I guess that might help too if I include pictures of proof. Which means every information I write in the letter I will include all the evidence as proof right? When I've done draft the letter, can I show at here or can I email to you coz I might worry that I write wrong reasons or something. I will let you guys know if I meet anything that I don't understand, thank you so much~

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Picture are only considered if there is supporting declarations or other evidence to corroborate the photo.  As a photo's date can not be guaranteed.

 

Yes copy your letters here, we are happy to help in anyway.

 

90% of what I do here is to help people with basic understanding of process, Legal Terms, and the stupid complexity of some of the IMMI forms.

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Hello AussieDude,

 

For my mother's new bank account that we apply at Malaysia, but I saw her bank account name is under joint name with my father's name in front then follow up with my mother's name. Is it ok for this bank account with a joint name instead of single name? Will they accept it?

Because of her nationality she can't apply sole account in Malaysia.

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Picture are only considered if there is supporting declarations or other evidence to corroborate the photo.  As a photo's date can not be guaranteed.

 

Yes copy your letters here, we are happy to help in anyway.

 

90% of what I do here is to help people with basic understanding of process, Legal Terms, and the stupid complexity of some of the IMMI forms.

Hi AussieDude, For my mother's new bank account that we apply in Malaysia, her bank account name is under joint name with my father's name in front then follow up with my mother's name. Is it ok for this bank account with a joint name instead of single name? Will they accept it? Because of her nationality she can't apply sole account in Malaysia. 

 

 

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Hi AussieDude,

 

Here is a copy of my letter of support that I write in behalf of my dad, not sure whether it is enough or not for my English level. I did follow the examples provided in this forum.

 

Australian High Commission, Kuala Lumpur

6, Jalan Yap Kwan Seng,

50450 Kuala Lumpur

 

RE: VISITOR VISA APPLICATION (TOURIST STREAM) FOR MOMSNAME

PASSPORT NO : -

EXPIRY DATE    : -

 

Letter of Support from DADSNAME

PASSPORT NO : -

EXPIRY DATE    : -

 

Date : 10 May 2018

 

TO WHOM IT MAY CONCERN

 

Dear Sir/Madam,

 

I refer to the above matter.

 

My Name is DADSNAME, I am a Malaysian Citizen, residing in Kota Kinabalu, Sabah, Malaysia. I am providing this guarantee of support for my wife MOMSNAME to assist her with her Australian visitor visa application.

 

I am employed full time as Reverend in xxx Church under xxx. I have been involved in the church ministry in Malaysia for 10 years. My job is a full time commitment with God and the church and the people which is not separable with my wife supporting in my job as well. Although she is a housewife but she helps me in my church ministry to do some home visitation to the poor or sick people or women’s fellowship.

 

I am writing this letter in support of the above application for a visitor’s visa. I and my wife are residing in Kota Kinabalu, Sabah, together with my youngest son. I have 3 daughters, all married and we have 2 lovely grandchildren. This year, we decided to go on family holiday trip visiting Perth, Australia. I and my wife never have been to Australia so this is our first time to Perth. My daughter will be doing the itinerary plan for us so that we can enjoy our holiday time in Australia.

 

MOMSNAME is now making a second time application due to first refusal reason which she did not satisfy the requirements as quoted

“600.212

The applicant has:

a- adequate means to support himself or herself; or

b- access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.”

 

We had done open a new bank account in 11 April 2018 for MOMSNAME based on the refusal reasons we received on 13 March 2018. We then deposited a funds of RM20,000 (approx. 6666AUD) so that she will have the authority to access to her own account during our family holiday trip in Australia.

 

Also enclosed are the copies of the following:-

 

1. MOMSNAME bank account statement

2. DADSNAME Letter of Employment

3. DADSNAME Employees Provident Fund statement

4. xxx Airlines Travel Itinerary

5. Itinerary Plan of what we plan to do in Perth

6. Hotel booking from Agoda

7. Photos of Induction service in Sabah

8. Photos of us doing home visitation in Sabah

 

MOMSNAME will be staying with me & my family in xxx Perth Australia xxx which my daughter booked through Agoda website. During the period of stay of 6 days 5 nights in Australia I undertake and guarantee that she will be with us all the time. Once again I can assure you that I will guarantee MOMSNAME will meet the obligations of her visa by not engaging in Employment while in Australia and exiting Australia before the expiration of her visa.

 

I can be contacted at any time on my mobile number +60xxx

Please do not hesitate to contact me if you require any further information.

 

Thank you.

 

I'm not sure whether I write this correctly or not, Hope you guys can help out...Thank you in advanced!

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So your Mums original application was rejected because she did not have enough funds in her account.  Which she now does and she must provide a copy of the FULL bank statement showing this, in her name. 

 

Only answer the questions that IMMI asks, you are providing too much information and confusing the situation.

 

It appears that IMMI did not question a compelling reason to return, so dont go into that matter.

 

Dont go on about opening bank accounts etc,

 

Just have her re-apply and SPECIFICALLY have her provide proof of the questions that IMMI raised (money).

 

The letter does help to demonstrate her intention as a genuine tourist, so just stick to the itinery, who else is travelling (provide ALL details, names and passport numbers).  Your application should include your employment details, and mention her application.

 

I will post a edited version of the letter below.

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Australian High Commission, Kuala Lumpur

6, Jalan Yap Kwan Seng,

50450 Kuala Lumpur

 

RE: VISITOR VISA APPLICATION (TOURIST STREAM) FOR MOMSNAME

PASSPORT NO : -

EXPIRY DATE    : -

 

Letter of Support from DADSNAME

PASSPORT NO : -

EXPIRY DATE    : -

 

Date : 10 May 2018

 

TO WHOM IT MAY CONCERN

 

Dear Sir/Madam,

 

I refer to the above matter.

 

My Name is DADSNAME, I am a Malaysian Citizen, residing in Kota Kinabalu, Sabah, Malaysia. I am providing this letter of support for my wife MOMSNAME to assist her with her Australian visitor visa application.

 

I am employed full time as Reverend in xxx Church under xxx. I have been involved in the church ministry in Malaysia for 10 years. My job is a full time commitment with God and the church and the people which is not separable with my wife supporting in my job as well. Although she is a housewife but she helps me in my church ministry to do some home visitation to the poor or sick people or women’s fellowship.

 

I am writing this letter in support for my wifes application for a visitor’s visa. I and my wife are residing in Kota Kinabalu, Sabah, together with my youngest son. I have 3 daughters, all married and we have 2 lovely grandchildren.

 

This year, we are planning to go on family holiday trip visiting Perth, Australia. I and my wife never have been to Australia so this is our first time to Perth.

 

We will be touring with the following family members;

 

NAME  DOB  RELATIONSHIP NATIONALITY PASSPORT #

NAME  DOB  RELATIONSHIP NATIONALITY PASSPORT #

NAME  DOB  RELATIONSHIP NATIONALITY PASSPORT #

NAME  DOB  RELATIONSHIP NATIONALITY PASSPORT #

 

My daughter will be preparing the itinerary for us all so that we can enjoy our holiday time in Australia.

 

Also enclosed are the copies of the following:-

 

1. MOMSNAME bank account statement

2. DADSNAME Letter of Employment

3. DADSNAME Employees Provident Fund statement

4. xxx Airlines Travel Itinerary (RETURN TICKETS)

5. Itinerary Plan of what we plan to do in Perth

6. Hotel booking from Agoda

7. Copy of our Marriage Certificate

 

My wife will be staying with me & my family in xxx Perth Australia xxx which my daughter booked through Agoda website, for a period of 6 days 5 nights.

 

I can be contacted at any time on my mobile number +60xxx

Please do not hesitate to contact me if you require any further information.

 

Your Sincerely

 

(NAME)

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HI Ringo,I've read your post just now..may I know did you get the results yet? Since I'm facing the same situation here, for my husband's visa..he's also from Indonesia and PR of Malaysia. Our application had refused last 2 week and e are planning to submit 2ND application. N ur post here really help me a lot.. 

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1 hour ago, naja said:

HI Ringo,I've read your post just now..may I know did you get the results yet? Since I'm facing the same situation here, for my husband's visa..he's also from Indonesia and PR of Malaysia. Our application had refused last 2 week and e are planning to submit 2ND application. N ur post here really help me a lot.. 

Hello Naja, we just applied and didn't got the result yet...this is our 2nd try. Worry for it too but still pray hard for it to be granted. No problem this forum is meant to be helping each other out. If you dont mind me asking, may I know what's the refusal reason for your husband 1st application? and did you go for the biometrics at Kuala Lumpur AVAC as well?

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17 hours ago, Ringo said:

Hello Naja, we just applied and didn't got the result yet...this is our 2nd try. Worry for it too but still pray hard for it to be granted. No problem this forum is meant to be helping each other out. If you dont mind me asking, may I know what's the refusal reason for your husband 1st application? and did you go for the biometrics at Kuala Lumpur AVAC as well?

Hi back,..for us here are the reason stated:

In reaching my decision that you do not genuinely intend to stay temporarily in Australia for the purpose you stated, I considered several factors, including:

 

● Your personal circumstances in your home country (and/or country of usual residence), which might encourage you to remain Australia at the end of your proposed visit, such as your current employment situation, employment prospects, business, property and/or family ties

- regarding this matter, eventhough it seems my current employment situation is not in the strongest point, but fyi I genuinely intends to stay temporarily in Australia just for a few days only, since I have  all my family here including my 2 children which is 6 and 8 yrs old and I not even once think to left them here in Malaysia just to have better prospect in Australia. Apart of the job salary , I also have Employee Provident Fund (EPF)  and some investment in CIMB Bhd Unit Trust. Besides I already bought a house here together with my wife and we also have 1 rental unit which is low cost apartment here in Ampang,Selangor.

 

● The ‘reasonableness’ of your trip, taking into account your stated purpose of visit, your intended activities, your contacts in Australia and your proposed length of stay in Australia :-

-  We planned to visit your country in this coming August . I realized it was the end of winter and just before spring, but we chose this time and your country just because my kids really want to experience snow and kangaroo, so  your country is the best choice for kids age 6 and 8 to learn and explore new things that we don’t have here in Malaysia . since my wife is a government school teacher , august is the only time we have school break and get to go to mount buller for snow since during June’s school break we celebrate Hari Raya festival,  so I don’t want to miss get together with my family and relative here.

 

● Your financial situation (eg insufficient funds to cover your proposed stay in Australia, irregular transaction history and/or unverifiable source of funds) ● Your limited history of travel to countries that have a similar socio-economic standing to Australia ● I considered that you are married to a Malaysian citizen and holding a Permanent Residency in Malaysia. I considered that you are currently employed as Engineer with XXX drawing basic salary of MYR2K++ per month. I also considered the bank statement you provided to the Department as well that you will be travelling with six other family members. After taking into consideration of your employment ties in Malaysia, I do not consider the salary as meaningful for the purpose of this assessment and that your employment and salary do not represent significant incentive for your return to Malaysia.

-regarding the financial situation, actually I forgot to mention that since we go there together with my mother and sister in law, so we split the expenses evenly.

And for our small family part, aside from our own saving( me and my wife) ,our stay in Australia will be funded by my wife by money from her job salary and some investment,  besides I also have 1 active credit card with rm10 000 limit ( approx AUD3400) to cover our stay..and the reply that we emailed back to the embassy last week..but still haven't got any responses from them yet..

I guess we just proceed to  2nd application together with the cover letter of the reasons stated above + will park some money into my husband account to proof that he have sufficient fund during our trip.. N lucky for us, since we stay here we just have to go to Jalan Ampang there to collect the biometrics...

 When are you planning to go there actually? Ours is in August.. Did you put together the returnt flight ticket as well?

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Hello, I just read through all the reasons...wow they really explaining it so thoroughly for your case....

while mine is only about my mother's visa (Indonesian) she doesnt have her own bank account & money...so we applied this 2nd time to include her new bank account & put some money inside.

Yes you guys are way better because you are from WM, and we are from EM which we need to fly over.

Our trip is on early July...quite near already thou. Yes It's a must to include the return airticket.

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