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 I was here on this site hoping someone could give me advices and what to do next after my tourist visa refusal..

I apply my first tourist visa subclass 600 last december 2017 and it was good.. they give me multiple entry for one year.. 

Every 3months i exit australia bcoz it saids there that need to exit every 3months.. i comply all of it.. i did not over stay.. 

When i apply for subclass 600 visa again ..i got refused..

This is there findings:

 


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 Visitor (Tourist) visa in the
Tourist stream are not satisfied.
Reasons
I have assessed the application and the reasons for my decision are detailed below.
An application for a Visitor (Tourist) visa in the Tourist stream has been made by the
applicant.
A visa cannot be granted unless the relevant criteria specified in the Migration Act and the
Migration Regulations are satisfied.
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.


My decision is based on the following factors


Systems check show that since 17 December 2017, the applicant has spent an accumulated
stay of 264 days in Australia. I also note the applicant last departed Australia on 10
November 2018 and has now re-applied to re-enter Australia for a stay of up to 6 months.
I have concerns as to how often the applicant is visiting Australia and the length of each
stay in Australia. In assessing whether the applicant meets the genuine temporary stay
requirement I place significant weight on the applicant’s travel history. Per policy, a visitor
would be expected to spend at least as much time out of Australia as in Australia. Based
on the applicant’s known travel history, I find I cannot be satisfied the applicant meets the
genuine temporary stay requirement. Although I acknowledge that the applicant have
complied with the conditions of the visas previously granted, I am not satisfied that the
applicant does not intend to continue to spend the majority of her time residing in Australia.
Therefore, I am not satisfied that the applicant is a genuine visitor.
I am not satisfied that the applicant’s personal circumstances support her claims that she
intends to temporarily stay in Australia as a visitor. Therefore, I find that she does not meet
clause 600.211.
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 (Tourist) visa in
the Tourist stream are not satisfied. Therefore, I refuse the application by the applicant for a
Visitor (Tourist) visa in the Tourist stream.
Yours sincerely
Katherine
Position Number: 60081921
Department of Home Affairs
04 March 2019

Hope anyone here can answer my question.. i

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The reason for your tourist visa refusal is straight forwarded and clear, and It is irrelevant that you have history of visa compliance. Since the 17 December 2017 to when you last departed Australia on the 10 November 2018 you spent a total 264 days in Australia on a tourist visa. You have now applied for another visa for 6 months tourist visa. The Department has taken the view that you are attempting to maintain de facto residence in Australia due to the frequency and duration of your stays in Australia. Policy says that you should spend at least as much time out of Australia as in Australia in between visits. 

 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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@Marie romea the decision by the Department is correct. 

Can I ask, what is the reason you gave for wanting a 6 month tourist visa?


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

 

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1 hour ago, AFV said:

The reason for your tourist visa refusal is straight forwarded and clear, and It is irrelevant that you have history of visa compliance. Since the 17 December 2017 to when you last departed Australia on the 10 November 2018 you spent a total 264 days in Australia on a tourist visa. You have now applied for another visa for 6 months tourist visa. The Department has taken the view that you are attempting to maintain de facto residence in Australia due to the frequency and duration of your stays in Australia. Policy says that you should spend at least as much time out of Australia as in Australia in between visits. 

 

Yeah i do have a partner living there..thats why i keep coming there then out again.. . I honestly dont know wat to do now after i got refused

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1 hour ago, Bridge said:

@Marie romea the decision by the Department is correct. 

Can I ask, what is the reason you gave for wanting a 6 month tourist visa?

You think i should'nt put it? The last time they grant me visa .. its multiple entry.. was thinking maybe its ok to put specific range of stay...  

Hope u can give me some advice wat to do after this refusal😢

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There is also a limit of stay in Australia, I think it's 12 months out of 18 months. It used to just be a condition but appears to of become a mainstay.

When it comes to visa refusals all you can do is address the refusal reasons, in this case pretty hard to do, as the department have identifed you using the visa for other than the intended use.

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57 minutes ago, Marie romea said:

Yeah i do have a partner living there..thats why i keep coming there then out again.. . I honestly dont know wat to do now after i got refused

 

38 minutes ago, Marie romea said:

You think i should'nt put it? The last time they grant me visa .. its multiple entry.. was thinking maybe its ok to put specific range of stay...  

Hope u can give me some advice wat to do after this refusal😢

 

The reasons you are not being granted another tourist visa is because you have spent too much time in Australia since December 2017. This is not what the visitor visa program is for. You need to wait until at least September to apply again. 

If you have a partner, you should now consider a partner visa. 

 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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7 minutes ago, AFV said:

 

 

The reasons you are not being granted another tourist visa is because you have spent too much time in Australia since December 2017. This is not what the visitor visa program is for. You need to wait until at least September to apply again. 

If you have a partner, you should now consider a partner visa. 

 

Thanks for the info..it really helps a lot.. and yes we been considering a partner visa

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