21 June 2024
*AUE-TO-63-927340-S*
AUE-TO-63-927340-S
Ana LATU
TOFOA
NUKUALOFA TONGATAPU 676
TONGA
In reply quote:
Client name Ana LATU
Date of birth 08 October 1975
Date of visa application 14 June 2024
Application ID 2085686452
Transaction reference number EGP33FB4QL
File number BCC2024/3137371
Visa application charge receipt number 9032603528
Transmission method Email sent to graceulupano@gmail.com
Dear Ana LATU
Notification of refusal of application for a Visitor (class FA) Visitor (Tourist) (subclass
600) visa
Refused applicant
I wish to advise you that the application for this visa has been refused on 21 June 2024 for
the following applicant:
Client name Ana LATU
Date of birth 08 October 1975
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 by email, you are taken to have received it at the end of the day it was
transmitted.
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
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Questions about this decision
We cannot consider your visa application any further.
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
Brendan
Position number: 60016385
Department of Home Affairs
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
DECISION RECORD
Application details
Visa class Visitor (class FA) Visitor (Tourist) (subclass
600)
Stream (main applicant only) Tourist
Date of visa application 14 June 2024
Transaction reference number EGP33FB4QL
Application ID 2085686452
File number BCC2024/3137371
Visa application charge receipt number 9032603528
Client name Ana LATU
Date of birth 08 October 1975
Client ID 10632935643
Visa subclass stream Tourist
The applicant's claims
The applicant has applied for the grant of a Visitor visa (subclass 600) to visit Australia for a
temporary stay.
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
● information contained in the Department's Procedural Instructions
● documents and information provided by the applicant(s)
● relevant information held on Departmental files.
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.
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
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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 considering the application, I have had regard to the relevant criteria in subclauses
600.211(a) and (b) in Schedule 2 of the Migration Regulations. I note that the applicant
has no history of travel to Australia. I also consider the applicant’s circumstances and their
declared intention to comply with relevant visa conditions, and give some weight in the
applicant’s favour when assessing these criteria.
Under policy when considering 600.211(c) “any other relevant matter”, decision makers
may take into account a wide range of considerations to determine whether an applicant
genuinely intends a temporary stay in Australia. This may include, but is not limited to, the
applicant’s employment, economic and family circumstances, their credibility, the claimed
purpose and period of stay, and the applicant’s previous travel history.
In assessing these criteria I have taken into account the information provided in the visa
application form and the supporting documents provided.
The applicant is a 48 year old Tongan citizen planning on travelling to Australia for a family
visit.
I have considered the applicant’s economic circumstances and note that the applicant
has provided limited evidence of their financial standing. The applicant declared in their
application form that they are currently unemployed.
The applicant has provided a copy of their bank statement, however aside from the total
amount being an insignificant amount, in context of the economic/employment and cost of
living conditions in Tonga, the bank statement also features majority of available funds as a
lump sum deposit. I have attached little weight to this document as evidence of their financial
means because the applicant’s savings history is not provided, there is also no indication
where the funds originate from, which raises concerns regarding the length of time the funds
are likely to remain available.
I note that the applicant has provided further evidence of financial support from other family
members. While I have taken the offer into consideration, I have attached less weight to this
evidence, as it does not address the applicant’s personal financial standing, and so has less
bearing on an applicant’s incentives to abide by their visa conditions if granted a visa for
Australia.
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
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Without a stronger demonstration of the applicant’s financial standing I am unable to
be satisfied that the applicant has adequate economic incentives to abide by their visa
conditions and return to Tonga at the end of their intended stay.
In light of the above considerations, at the time of making my decision, I am unable to be
satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose
they have stated, and therefore find that they do not satisfy Subclause 600.211 of the
Migration Regulations 1994.
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
Brendan
Position Number: 60016385
Department of Home Affairs
21 June 2024
Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
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Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
