Visitor and Student visa refusals appear to be at an all time high. What is the reason behind this current trend? To understand the latter, we need to take a closer look at the Genuine Temporary Entrant Criteria (GTE) and the set of guidelines outlined by Immigration when it comes to applicants who want to enter Australia on certain types of temporary visas.
To obtain a Student or Visitor visa, effectively an applicant must be able to demonstrate that the purpose of their stay is in line with the visa that they have applied for and that they only intend on staying temporarily. To use an example, the holder of a tourist visa from Croatia who was granted a one-month period of stay decides to lodge a student visa once onshore. Provided the conditions on the original tourist visa allow for a further application whilst in Australia, the applicant now faces the challenge of demonstrating they are really here for a ‘temporary’ purpose.
To better understand the mindset of a Case Officer when assessing a matter such as the above, we need to look at Direction No. 69 which outlines to a delegate of the Minister what they need to be looking at when assessing whether an applicant is a genuine temporary entrant. The direction, although not specifically a checklist, is in most circumstances used as one and provides significant insight into how an applicant needs to prepare their application and what is going to be assessed.
In effect, the best way to ensure your application is successful is to provide strong evidence that you intend on returning to your country of origin before your visa expires. It is important to work closely with your Registered Migration Agent or Lawyer in order to ensure your application and the evidence you provide meets the relevant threshold for approval.
More information?
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