• the visa applied for cannot be granted while the applicant is in the AustralianMigration zone;• a criterion for the grant of that visa is that the applicant intends to visit an Australiancitizen 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 F) 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, thespouse, de facto partner, parent, child, brother or sister whose particulars were included inyour application is entitled to apply for a review of this decision to the Migration ReviewTribunal (MRT). An application for review of this decision must be given to the MRT within70 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 dayIt was transmitted.Please note that this review period is prescribed in law and an application for merits reviewmay not be accepted after that date.Lodging an application for reviewApplications 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 forreview on behalf of the MRT.Registries of the Migration Review TribunalNew South Wales RegistryLevel 11, 83 Clarence StreetSydney NSW 2000Fax: 02 9276 5599Registries of the Administrative Appeals TribunalQueenslandLevel 4, 119 North QuayBrisbaneQLD 4000Fax: (07) 3361 3001South Australia11th Floor, 91 Grenfell StreetAdelaide SA 5000Fax: (08) 8201 0610Western AustraliaLevel 5, 111 St GeorgesTerracePerth WA 6000Fax: (08) 9327 7299Further information about merits review is also available from the MRT on the Tribunalwebsite at www.mrt-rrt.gov.au and in the enclosed brochure M10 – Migration ReviewTribunal (October 2014).Questions about this decisionNo further assessment of this visa application can be taken at this office. If you havequestions about the process or information that was taken into account in determining yourapplication, we prefer that you contact us by email onimmigration.hochiminhcity@dfat.gov.au. We try to respond to all email enquiries within 5working days. If you do not have access to email or need to contact us urgently, you can usethe telephone number (from 9.00am to 12.00pm, Monday to Friday) and fax number in thefooter on the first page of this letter.- 3 -Visa application chargeThe visa application charge (VAC) which has already been paid was for the processing of theapplication and it must be paid regardless of the application outcome. There are only limitedcircumstances in which refunds can be given.Lodging another applicationIf you still wish to visit Australia, it is open to you to lodge a new application if you feel thatYou 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 noprovision for refund of the VAC if your application is unsuccessful. Any new application willbe considered on its individual merits, but if a new application does not contain any newinformation or evidence, then the outcome is unlikely to be any different.Contacting the departmentYou can contact us with a general enquiry in a number of ways including by email, throughour website, by telephone through our Contact Centres or offices around the world, or inperson. In Australia you can call 13 18 81 between 9.00 am and 4.00 pm Monday to Friday.Details on contacting our offices outside Australia are available on our website atwww.immi.gov.au.Yours sincerely,Electronically signedLan HoPosition Number: 60,020,833Delegate of the Minister for Immigration and Border ProtectionAustralian Consulate-General, Ho Chi Minh CityAttachment (s)Decision RecordM10 FormA U S T R A L I A N C O N S U L A T E N E R G E-A LH O C H I C H T I N Y MIV I S A A N D C I T I Z E N S H I P S E C T I O NLevel 20, 47, Ly Tu Trong Street, District 1, Ho Chi Minh City, VietnamTelephone: + 84 8 8260 3521 Facsimile: + 84 8 8261 3521 Email: immigration.hochiminhcity@dfat.gov.auWebsite: www.hcmc.vietnam.embassy.gov.au | www.immi.gov.au | www.citizenship.gov.auDECISION RECORDDETAILS OF THE VISA APPLICATIONVisa class: Visitor (Class F)Visa subclass: Subclass 600 in the Tourist streamDate of application: 21 January 2015Place of lodgement: Australian Consulate-General, Ho Chi Minh CityFile number: AUX-VN-02-022414-XAPPLICANT DETAILSName: PHAM Hong LoanDate of birth: 8 February 1965Citizenship: VietnameseSex: FemaleINFORMATION CONSIDERED1. 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 (theRegulations), collectively "migration law";• policy contained in the Procedures Advice Manual 3 produced by the Departmentof Immigration and Border Protection (the Department);• documents and information provided by the applicant; and• other relevant information held by the Department.LEGISLATIVE FRAMEWORK2. Under migration law, an application is made for a class of visa and each applicationmust be considered against the criteria for all subclasses within that class of visa. Thereis only one (1) subclass of visa in the class for which the applicant has applied. This isthe Subclass 600 (Visitor) visa in the Tourist stream.3. A visa cannot be granted unless the applicant meets the legal requirements that arespecified in migration law. In relation to the Subclass 600 (Visitor) visa, Touriststream, the 600,211 clause in Schedule 2 of the Regulations requires that, at the time ofapplication:The applicant genuinely intends to stay temporarily in Australia for the purpose forwhich the visa is granted- 2 -ASSESSMENT4. Under policy, in order to assess the genuineness of the applicant's intention to onlyvisit Australia, relevant considerations may include, but are not limited to:• the personal circumstances of the applicant that would encourage them toreturn 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 mightencourage 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 duration of the proposed applicant's visit and theirproposed activities are reasonable and consistent• information in statistical, intelligence and analysis reports on migration fraudand immigration compliance compiled by the Department about citizens fromthe applicant's home country5. I have carefully considered the application and the information provided by theapplicant and I am not satisfied that the applicant's personal circumstances wouldprovide 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
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