• the visa applied for cannot be gr

• the visa applied for cannot be granted while the applicant is in the Australian
migration zone;
• a criterion for the grant of that visa is that the applicant intends to visit an Australian
citizen or an Australian permanent resident who is a parent, spouse, de facto partner,
child, brother or sister of the applicant; and
• the particulars of the relative concerned are included in the application.
As your application meets the above criteria, the decision to refuse to grant you a Visitor
(Class FA) visa in the Tourist stream can be reviewed by the MRT.
No further assessment of this visa application can be taken at this office. However, the
parent, spouse, de facto partner, child, brother or sister whose particulars were included in
your application is entitled to apply for a review of this decision to the Migration Review
Tribunal (MRT). An application for review of this decision must be given to the MRT within
70 calendar days after you are taken to have received this letter.
As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.
Please note that this review period is prescribed in law and an application for merits review
may not be accepted after that date.
Lodging an application for review
Applications for review can be lodged in person, faxed or posted to any registry of the MRT.
Certain registries of the Administrative Appeals Tribunal (AAT) also accept applications for
review on behalf of the MRT.
Registries of the Migration Review Tribunal
New South Wales Registry
Level 11, 83 Clarence Street
Sydney NSW 2000
Fax: [phone]
Registries of the Administrative Appeals Tribunal
Queensland
Level 4, 119 North Quay
Brisbane
QLD 4000
Fax: [phone]
South Australia
11th Floor, 91 Grenfell Street
Adelaide SA 5000
Fax: [phone]
Western Australia
Level 5, 111 St Georges
Terrace
Perth WA 6000
Fax: [phone]
Further information about merits review is also available from the MRT on the Tribunal
website at www.mrt-rrt.gov.au and in the enclosed brochure M10 – Migration Review
Tribunal (October 2014).
Questions about this decision
No further assessment of this visa application can be taken at this office. If you have
questions about the process or information that was taken into account in determining your
application, we prefer that you contact us by email on
[e-mail]. We try to respond to all email enquiries within 5
working days. If you do not have access to email or need to contact us urgently, you can use
the telephone number (from 9.00am to 12.00pm, Monday to Friday) and fax number in the
footer on the first page of this letter.
- 3 -
Visa application charge
The visa application charge (VAC) which has already been paid was for the processing of the
application and it must be paid regardless of the application outcome. There are only limited
circumstances in which refunds can be given.
Lodging another application
If you still wish to visit Australia, it is open to you to lodge a new application if you feel that
you can provide sufficient evidence that you meet the criteria for the grant of a Visitor visa in
the Tourist stream. You should give careful consideration to this option, as there is no
provision for refund of the VAC if your application is unsuccessful. Any new application will
be considered on its individual merits, but if a new application does not contain any new
information or evidence, then the outcome is unlikely to be any different.
Contacting the department
You can contact us with a general enquiry in a number of ways including by email, through
our website, by telephone through our Contact Centres or offices around the world, or in
person. In Australia you can call 13 18 81 between 9.00am and 4.00pm Monday to Friday.
Details on contacting our offices outside Australia are available on our website at
www.immi.gov.au.
Yours sincerely,
Electronically signed
Lan Ho
Position Number: 60020833
Delegate of the Minister for Immigration and Border Protection
Australian Consulate-General, Ho Chi Minh City
Attachment(s)
Decision Record
M10 Form
A U S T R A L IA N C O N S U L A T E - G E N E R A L
H O C H I MI N H C I T Y
V I S A A N D C I T I Z E N S H I P S E C T I O N
Level 20, Vincom Center, 47 Ly Tu Trong Street, District 1, Ho Chi Minh City, Vietnam
Telephone: [phone] Facsimile: [phone] Email: [e-mail]
Website: www.hcmc.vietnam.embassy.gov.au | www.immi.gov.au | www.citizenship.gov.au
DECISION RECORD
DETAILS OF VISA APPLICATION
Visa class: Visitor (Class FA)
Visa subclass: Subclass 600 in the Tourist stream
Date of application: 21 January 2015
Place of lodgement: Australian Consulate-General, Ho Chi Minh City
File number: AUX-VN-02-022414-X
APPLICANT DETAILS
Name: PHAM Hong Loan
Date of birth: 08 February 1965
Citizenship: Vietnamese
Sex: Female
INFORMATION CONSIDERED
1. I am a delegated decision maker under section 65 of the Migration Act 1958 (the Act).
In reaching my decision, I have considered the following:
• relevant legislation including the Act and Migration Regulations 1994 (the
Regulations), collectively “migration law”;
• policy contained in the Procedures Advice Manual 3 produced by the Department
of Immigration and Border Protection (the Department);
• documents and information provided by the applicant; and
• other relevant information held by the Department.
LEGISLATIVE FRAMEWORK
2. Under migration law, an application is made for a class of visa and each application
must be considered against the criteria for all subclasses within that visa class. There
is only one (1) subclass of visa in the class for which the applicant has applied. This is
the Subclass 600 (Visitor) visa in the Tourist stream.
3. A visa cannot be granted unless the applicant meets the legal requirements that are
specified in migration law. In relation to the Subclass 600 (Visitor) visa, Tourist
stream, clause 600.211 in Schedule 2 of the Regulations requires that, at time of
application:
The applicant genuinely intends to stay temporarily in Australia for the purpose for
which the visa is granted
- 2 -
ASSESSMENT
4. Under policy, in order to assess the genuineness of the applicant’s intention to only
visit Australia, relevant considerations may include, but are not limited to:
• the personal circumstances of the applicant that would encourage them to
return to their home country at the end of their visit
• the applicant’s travel and visa application history
• the personal circumstances of the applicant in their home country that might
encourage them to remain in Australia
• conditions that might encourage the applicant to remain in Australia;
• the applicant’s credibility in terms of character and conduct
• whether the purpose and proposed duration of the applicant’s visit and their
proposed activities are reasonable and consistent
• information in statistical, intelligence and analysis reports on migration fraud
and immigration compliance compiled by the Department about citizens from
the applicant’s home country
5. I have carefully considered the application and the information provided by the
applicant and I am not satisfied that the applicant’s personal circumstances would
provide sufficient incentive for them to return to Vietnam and comply with the visa
condition that they must not engage in work in Australia. While I acknowledge the
applicant has been offered financial support by her fiancé, TRAN Hoai Phong, who
has been unwell since a surgery his in August, I give weight to the following
considerations:
• In Form 1419 the applicant stated that she is employed as an official with the
Office for Movement for Trung uong Hoi lien hiep Phu nu. As evidence of
employment, the applicant presented leave approval and payroll information
which lists her income as VND 8.6 million.
• The applicant has presented evidence of funds with Saigon Commercial Bank
totalling VND 240 million. However, due to the applicant’s modest income, I
cannot be satisfied the applicant has the ability to accumulate the funds
presented, or that these are the personal funds of the applicant that would be
at her disposal to fund her stay in Australia.
• The applicant has previously had a visa to Australia refused, however failed to
declare this in Q.42 of Form 1419.
• The applicant is of working age, has three dependants to support and has
presented no evidence of asset ownership in Vietnam.
Individually, these factors may not appear significant. However, on balance, I find that
the combination of these factors leads me to the conclusion that the expressed
intention only to visit Australia is not genuine.
I am therefore not satisfied that the applicant’s expressed intention to only visit
Australia is genuine, and I find that the applicant does not satisfy the requirements of
clause 600.211 in Schedule 2 of the Regulations.
DECISION
6. As the applicant does not satisfy the requirements of clause 600.211 in Schedule 2 of
the Regulations in the Subclass 600 (Visitor) visa of the Tourist stream, I find that
they do not meet the criteria for the grant of a Subclass 600 (Visitor) visa. As I have
- 3 -
found that the applicant does not satisfy clause 600.211, it is not necessary for me to
consider the other criteria for this subclass of visa.
7. There are no other subclasses to consider within the class of visa for which the
applicant has applied. Therefore, as the applicant does not meet the criteria for the
grant of a Subclass 600 (Visitor) visa in the Tourist stream, I refuse to grant a Visitor
(Class FA) visa to PHAM Hong Loan.
Electronically signed
Lan Ho
Position Number: 60020833
Delegate of the Minister for Immigration and Border Protection
Australian Consulate-General, Ho Chi Minh City
26 January 2015

Kết quả (Anh) 2:

• the visa áp for can not be Granted while the Applicant is in the Australian
migration zone;
• a Criterion for the grant of mà visa is rằng Applicant intends to visit an Australian
citizen or an Australian permanent resident who is a parent, spouse, de facto partner,
child, brother or sister of the Applicant; and
• the particulars of the relative Concerned are included in the application.
As the application meets the above criteria ngôn, the Decision to refuse to grant you a Visitor
(Class FA) in the Tourist visas can be reviewed by the stream MRT.
No Further assessment of this visa application can be taken at this office. Tuy nhiên, the
parent, spouse, de facto partner, child, brother or sister là có particulars included print
is entitled to apply của application for a review of this Decision to the Migration Review
Tribunal (MRT). An application for review of this Decision given to the MRT Phải trong
70 calendar days after you are taken to have received this letter.
As this letter was sent to you by email, you are taken to have received it at the end of the day
Transmitted it was.
Please note this mà review period is Prescribed printed law and an application for merits review
unfortunately not be accepted after mà date.
Lodging an application for review
Applications for review can be lodged print person, faxed or posted to any registry of the MRT.
Certain of the Administrative Appeals Tribunal registries (AAT) am also accept applications for
review on Behalf of the MRT.
Registries of the Migration Review Tribunal
of New South Wales Registry
Level 11, 83 Clarence Street
Sydney NSW 2000
Fax: [phone]
Registries of the Administrative Appeals Tribunal
Queensland
Level 4, 119 North Quay
Brisbane
QLD 4000
Fax: [phone]
South Australia
11th Floor, 91 Grenfell Street
Adelaide SA 5000
Fax: [phone]
Western Australia
Level 5, 111 St Georges
Terrace
Perth WA 6000
Fax: [phone]
Further information about merits review is available from the MRT am also on the Tribunal
website at in the enclosed brochure www.mrt-rrt.gov.au and M10 - Migration Review
Tribunal (October 2014).
Questions about this Decision
No Further assessment of this visa application can be taken at this office. If you have
questions presented information about the process or was taken Into account mà quyết của print
application, We prefer contact us by email bạn on
[e-mail]. We try to Respond to all emails Enquiries trong 5
working days. If you do not have access to email or need to contact us urgently, you can use
the telephone number (from 9.00am to 12.00pm, Monday to Friday) and fax number in the
footer on the first page of this letter.
- 3 -
Visa application charge
The visa application charge (VAC) has already được mà was paid for the processing of the
application and it Phải regardless of the application outcome paid. There are only limited
Circumstances Refunds can be given chứa.
Lodging another application
If you still wish to visit Australia, it is open to you to lodge a new application mà if you feel
you can cung đủ meet the criteria mà Evidence for the grant print of a Visitor visa
the Tourist stream. You shouldnt give careful Consideration to this option, as there is no
refund of the VAC PROVISION for application is unsuccessful nếu. Any new application will
be Considered on its merits of the individual, but if a new application does not contain any new
information or Evidence, then the outcome is unlikely to be any khác.
Contacting the department
You can contact us with a general inquiry in a number of Ways gồm by email, through
our website, by telephone or through our Contact Centres offices around the world, or print
person. In Australia you can call 13 18 81 the between 9.00am and 4.00pm Monday to Friday.
Details on contacting our offices are available on our outside Australia website at
www.immi.gov.au.
Yours sincerely,
Electronically signed
Lan Ho
Position Number: 60020833
Delegate of the Minister for Immigration and Border Protection
Australian Consulate-General, Ho Chi Minh City
Attachment (s)
Decision Record
Form M10
IA USTRAL NCONSULATE A - GENERAL
Hochi MI NHCITY
VISAANDCITIZENSHIPSEC tion
Level 20, Vincom Center, 47 Ly Tu Trong Street, District 1, Ho Chi Minh City, Vietnam
Telephone: [phone] Facsimile: [phone] Email: [e-mail]
Website: www.hcmc.vietnam.embassy.gov.au | www.immi.gov.au | www.citizenship.gov.au
DECISION RECORD
OF VISA APPLICATION DETAILS
Visa class: Visitor (Class FA)
visa subclasses: Subclass 600 Tourist stream in the
Date of application: 21 January 2015
Place of lodgement: Australian Consulate-General, Ho Chi Minh City
File number: AUX-VN-02-022414-X
DETAILS Applicant
Name: PHAM Hong Loan
Date of birth: 08 February 1965
Citizenship: Vietnamese
Sex: Female
INFORMATION Considered
1. I am a delegated under section 65 Decision maker of the Migration Act 1958 (the Act).
In my Reaching Decision, I have Considered những:
• the relevant legislation and the Migration Regulations Including the Act 1994 (the
Regulations), collectively "migration law" ;
• the policy contained in the Procedures Advice Manual 3 Produced by the Department
of Immigration and Border Protection (the Department);
• documents and information Provided by the Applicant; and
• other giữ the relevant information by the Department.
Legislative FRAMEWORK
2. Under migration law, an application is made ​​for a class of visa application and each
Phải Considered Against the criteria for all visa subclasses có trong class. There
is only one (1) of visa subclass in the class for đó Applicant has áp. This is
the Subclass 600 (Visitor) Tourist visa in the stream.
3. A visa can not be Granted nếu the Applicant meets the legal requirements được
print rõ migration law. In relation to the Subclass 600 (Visitor) visa, Tourist
stream, clause 600 211 Schedule 2 of the Regulations printing requires that, at time of
application:
The Applicant genuinely intends to stay temporarily in Australia for the purpose for
đó visa is Granted
- 2 -
ASSESSMENT
4. Under the policy, để Assess the genuineness of the Applicant's intention to only
visit Australia, the relevant Considerations garments include, but are not limited to:
• the personal Circumstances of the Applicant mà would Encourage Them to
return to ask for their home country at the end of ask for their visit
• the Applicant's travel and visa application history
• the personal Circumstances of the Applicant trong home country mà might,
Encourage Them to Remain in Australia
• conditionsEND_SPAN mà Might Encourage the Applicant to Remain in Australia;
• the Applicant's credibility print terms of character and CONDUCT
• Whether the purpose and duration of the Applicant's proposed visit and ask for their
proposed are reasonable and Consistent hoạt
• print statistical information, intelligence and analysis reports on migration fraud
and immigration compliance by the Department about Citizens biên from
the Applicant's home country
5. I have carefully Considered the application and the information given below by the
Applicant and I am not satisfied Applicant's personal rằng Circumstances would
cung đủ added incentive to return to Vietnam for and comply with the visa
condition Engage print mà phải not work in Australia. While I acknowledge the
Applicant Đã Offered Financial support by the her foreign fiance, Tran Hoai Phong, who
Đã unwell since his surgery in August a, I give weight to những
Considerations:
• In 1419 the Applicant Form Stated That She is employed as an official with the
Central Office for Movement for Women's Union. As Evidence of
employment, the Applicant hiển leave approval and payroll information
mà lists 8.6 million VND as the her income.
• The Applicant has hiển Evidence of Funds Saigon Commercial Bank with
240 million VND totalling. Tuy nhiên, Due to the Applicant's modest income, I
can not be satisfied the Applicant has the ability to Accumulate the Funds
hiển, or mà These are the personal Funds of the Applicant That would be
at the her disposal to fund the her stay in Australia.
• The Applicant trước has had a visa to Australia Refused, Tuy nhiên failed to
declare this printing of Form 1419. Q.42
• The Applicant is of working age, has three dependants to support and has
hiển no Evidence of asset Ownership in Vietnam.
Individually, những Factors unfortunately not the significant vẻ. Tuy nhiên, on balance, I find That
the Combination of These Factors leads me to the Conclusion rằng Expressed
intention only to visit Australia is not genuine.
I am therefore not satisfied rằng Applicant's Expressed intention to only visit
Australia is genuine, and I find Applicant does not rằng Satisfy the requirements of
clause 600 211 Schedule 2 of the Regulations print.
DECISION
6. As the Applicant does not Satisfy the requirements of clause 2 of Schedule 600 211 printed
in the Subclass 600 the Regulations (Visitor) Tourist visa of the stream, I find mà
do not meet the criteria chúng for the grant of a Subclass 600 (Visitor) visa . As I have
- 3 -
found rằng Applicant does not Satisfy clause 600 211, it is not for me to cần
như the other criteria for this subclass of visa.
7. There are no other subclasses to như trong class of visa for đó
Applicant has áp. Therefore, as the Applicant does not meet the criteria for the
grant of a Subclass 600 (Visitor) Tourist visa in the stream, I refuse to grant a Visitor
(Class FA) visa to Hong Loan PHAM.
Electronically signed
Lan Ho
Position Number: 60020833
Delegate of the Minister for Immigration and Border Protection
Australian Consulate-General, Ho Chi Minh City
26 January 2015