Visitor Visa refusal Appeal

Old Aug 13th 2011, 2:36 pm
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Default Visitor Visa refusal Appeal

Hi,
I have applied visitor visa for me and daughter for 12 months on invitation of my son and eldest daughter who are in Australia. My visa has been granted for 12 months but my daughter visa refused. My daughter is dependent on me and living with me. She is young and unmarried. The condition was 676.221(1)(a). I have advice to go for MRT (Migration Review Tribunal) but the problem is the date for my travel is 31st October, 2011 and review takes 4 months minimum time.

My question is that i can reapply for my daughter visitor visa with more evidence or i can appeal to Minister. Thanks for reply.
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Old Aug 13th 2011, 9:16 pm
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Default Re: Visitor Visa refusal Appeal

Do you know why it was refused?

I doubt that any of us know what 676.221(1)(a) means, but if you can tell us in words it might shed more light on the matter.
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Old Aug 14th 2011, 5:09 am
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Default Re: Visitor Visa refusal Appeal

Originally Posted by Bermudashorts
Do you know why it was refused?

I doubt that any of us know what 676.221(1)(a) means, but if you can tell us in words it might shed more light on the matter.
Basically it means that DIAC does not believe that she is a genuine tourist and is a risk for overstay.

OP, you can certainly try to reapply for a new visa, but what has changed since you applied last that would make DIAC think any differently?
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Old Aug 14th 2011, 5:34 am
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Default Re: Visitor Visa refusal Appeal

Thanks for reply. Yes, DIAC think what you have mentioned. Can i appeal to Minister before going to MRT as there is big fees for review or I reapply with removing the observations of visa officer to satisfy him that she is genuine visitor and will return with his father. Do i need to submit Affidavite for her that she is unmarried and dependent on father. The invitation letter from our son was for both of us and given visa to me and her refused. Thanks
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Old Aug 14th 2011, 5:39 am
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Default Re: Visitor Visa refusal Appeal

Originally Posted by Manzoor_isb1947
Thanks for reply. Yes, DIAC think what you have mentioned. Can i appeal to Minister before going to MRT as there is big fees for review or I reapply with removing the observations of visa officer to satisfy him that she is genuine visitor and will return with his father. Do i need to submit Affidavite for her that she is unmarried and dependent on father. The invitation letter from our son was for both of us and given visa to me and her refused. Thanks
Why don't you ask a migration agent to assist in preparing a better case. How old is your daughter? And when you say she will return to her home country with "his" (I assume you mean her) father is that you? Or are you the mother? Confusion around language might not be helping your case.
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Old Aug 14th 2011, 5:46 am
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Default Re: Visitor Visa refusal Appeal

Sorry with her father. As i mentioned that i have travel time is upto 31st October and if i go thru agent it will take time and visa will expire. Thanks
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Old Aug 14th 2011, 5:55 am
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Default Re: Visitor Visa refusal Appeal

Originally Posted by Manzoor_isb1947
Sorry with her father. As i mentioned that i have travel time is upto 31st October and if i go thru agent it will take time and visa will expire. Thanks
It is a little hard to understand you. So "with her father" is that not you? Are you the mother or father? You seem to be talking about this third party "father" figure. It is very difficult to understand you, why would using an agent take any longer than trying to deal with this yourself. I think using an agent would be beneficial particularly as it is quite difficult to understand what you mean and I believe that some facts could easily be lost in translation.

What do you mean you have "travel time up to October"? It is pretty stupid to book flights before you have a visa in case that is what you mean. If you don't have visas before then then you will have to change the flights or book new ones. Too bad.

Last edited by Bermudashorts; Aug 14th 2011 at 6:10 am. Reason: sp
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Old Aug 14th 2011, 6:05 am
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Default Re: Visitor Visa refusal Appeal

Originally Posted by Manzoor_isb1947
Thanks for reply. Yes, DIAC think what you have mentioned. Can i appeal to Minister before going to MRT as there is big fees for review or I reapply with removing the observations of visa officer to satisfy him that she is genuine visitor and will return with his father. Do i need to submit Affidavite for her that she is unmarried and dependent on father. The invitation letter from our son was for both of us and given visa to me and her refused. Thanks
Does your daughter have school she must return to? Or a job? Does she own property in your country? Have a husband or children there to return to?

Simply being dependant on her parents does not mean that she will return to her home country. DIAC assumes that she will try to stay here so you need to show why she will not stay in Australia. What does she need to go home to?

You can try to appeal to the Minister, but you're not going to get very far. You have been given advice to appeal to the MRT. If you want the decision overturned you're going to have to appeal it to the MRT. That's what they're for. It is very very unlikely that the Minister would intervene on her behalf simply because she was denied a tourist visa.

And why do you need to travel before 31 August? And why does your daughter need to accompany you? What are you going to do if her visa is denied a second time? Will you still come on your own or will you cancel your plans?
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