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22 August 2019

Gurmakhan Singh DHALIWAL


VPO DHILWAN KALAN
NEAR BUS STAND
FARIDKOT PUNJAB 151204
INDIA

In reply quote:
Client Name Gurmakhan Singh DHALIWAL
Date of Birth 26 May 1992
Date of Visa Application 02 August 2019
Application ID 65629699
Transaction Reference Number EGON2UCKQQ
File Number BCC2019/3830784
Visa Application Charge Receipt Number 9014330531

Transmission Method Email sent to SAHILCIC63@GMAIL.COM

Dear Gurmakhan Singh DHALIWAL

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 22 August 2019 for
the following applicant:

Client Name Gurmakhan Singh DHALIWAL

Date of Birth 26 May 1992

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.

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.

Questions about this decision


We cannot consider your visa application any further.

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au
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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

Anjali
Position number: 60069417
Department of Home Affairs

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au
DECISION RECORD

Application details
Visa class Visitor (class FA) Visitor (Tourist) (subclass
600)
Stream (main applicant only) Tourist
Date of visa application 02 August 2019
Transaction reference number EGON2UCKQQ
Application ID 65629699
File number BCC2019/3830784
Visa application charge receipt number 9014330531

Client name Gurmakhan Singh DHALIWAL


Date of birth 26 May 1992
Client ID 20037662953
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 Procedures Advice Manual 3
● 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.

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au
-2-

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 assessing whether or not the applicant genuinely intends to stay temporarily in Australia,
I have taken into account information provided in the application, the applicant's immigration
history and compliance with previous visas. I have also taken into consideration any
supporting documents as well as the applicant's personal circumstances, commitments, and
incentive to return to their country of residence.

My decision is based on the following factors


Current Australian Government policy, specifically PAM3: GenGuide H, Visitor visas, Visa
application related procedures, provides guidance to visa decision makers in assessing
whether or not an applicant meets regulation 600.211, the genuine temporary stay
requirement.
Under policy, in establishing whether 600.211 (c) is satisfied, it is relevant to consider an
applicant’s personal circumstances. An applicant’s economic and employment circumstances
in their home country need to constitute strong incentives for the applicant to return to their
home country at the end of the proposed visit, in order to satisfy the genuine temporary stay
requirement.
In assessing these criteria I have taken into account the information provided in the visa
application form, as well as supporting documents relating to applicant’s personal and
financial circumstances in the home country.

From the information provided in the application and supporting documents, I note that the
applicant has claimed to be an Agriculturist and intends to visit his brother-in-law in Australia.

When considering whether you intend a genuine temporary stay, factors for consideration
are:
✃ the personal circumstances which would encourage you to return to your country of
usual residence at the end of your proposed visit, and
✃ the personal circumstances or general conditions in your home country than might
encourage you to remain in Australia.
✃ evidence of previous compliant travel outside your usual country of residence

In support of the application the applicant has provided the following documents

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au
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*Invitation letter and inviter's visa copy provided.


*Affidavit of support from Father.
*Wife's visa copy and passport copy provided.
*Income Tax Return (2019-20).
*Property valuation report.
*Bank statement.

While I accept that the applicant is currently self-employed as claimed and I give some
positive weight to his ongoing employment, however I note that the applicant has shown
limited evidence of his familial and economic ties in the home country, therefore I am unable
to assess his ongoing circumstances in the home country, and ascertain if this factor would
act as a strong incentive for him to return.

I further note that the applicant has provided bank statement as evidence of his financial
capacity. I have given limited weight to this document as evidence of his financial standing,
as on its own and without evidence of the source of funds it does not demonstrate strong
financial standing.

Although I have considered the financial support provided by the inviter however, I note
that the applicant has not demonstrated, strong personal, financial or economic ties in his
country of usual residence which may be considered as strong incentive to return necessary
to induce a genuine visit.

I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for
the purpose the applicant has stated, and therefore find that the applicant 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.

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au
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Yours sincerely
Anjali
Position Number: 60069417
Department of Home Affairs
22 August 2019

Australian High Commission, New Delhi


OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: www.homeaffairs.gov.au/about/corporate/information/forms/
online/australian-immigration-enquiry WEBSITE: www.homeaffairs.gov.au, www.india.embassy.gov.au