Visitor Visa Proving More Difficult in Satisfying the Genuine Temporary Entrant (‘GTE’) Criteria
Background Facts
HA concerns a Judicial Review of the affirmed decision of the Administrative Appeals Tribunal (‘the Tribunal’) to refuse the applicant’s Visitor visa (Subclass 600).
The Visa Applicant, a citizen of Lebanon, applied for a Visitor Visa (Subclass 600) to visit his brother who is a Permanent Resident of Australia. The Visa Applicant was married and had four children. At the time of application, the Visa Applicant resided and worked in Saudi Arabia as he held a renewable residency permit, however, his wife and children lived in Lebanon.
The Minister’s Reason for Refusing the Visa Application
Despite the fact that the Visa Applicant had statutory declaration made by his brother and employer to prove he was a genuine temporary entrant the Tribunal still refused the Visitor Visa (Subclass 600) application because “the instability in Lebanon may act as a strong disincentive for the visa applicant to return home at the end of a visit to Australia”.
Additionally, the Tribunal considered that providing evidence regarding the property which he owned in Lebanon was not enough, because it was an “easily transferrable asset”. And, the purpose of the applicant’s intended travel was to visit his brother and his brother’s family, this in itself did not demonstrate that the applicant only intended a genuine temporary stay.
Furthermore, although there was no adverse evidence to show that Visa Applicant has overstayed in other countries where he visited in the past, the Tribunal thought it was because he did not have any family in those countries which might provide a reason for him to remain those countries.
The Federal Circuit Court of Australia Agree With the Minister
The Federal Circuit Court of Australia (‘FCCA’) agreed with the reasons set out by the Tribunal and stated that “the personal circumstances of the applicant in their home country or general conditions in the home country that might encourage them to remain in Australia” and all the relevant evidence does not ”constitute a strong incentive for the applicant to leave Australia”
How Can Agape Henry Crux Help
Since the Visitor Visa (Subclass 600) application is difficult in satisfying the Genuine Temporary Entrant (‘GTE’) criteria, you might need our highly trained immigration lawyers at Agape Henry Crux to assist you in your Visitor Visa Application, please call one They can be contacted on 02-27007200 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter.