Australian holiday visa refused class 651

[Timo2525]

Hello,

I applied twice for a holiday visa and both times it got refused. I am german and my partner is living and working in Australia.
In his letter he's written that he will fully support me and wishes to spend christmas and new year with me. That he also work for the government and has got security clearance and understands the laws of Australia. 

In my letter I've written that I am intending on spending time with my partner and which to like to see him for christmas etc and that I also wont exceed the time of my visa.

Now both times the case officer has come back and refused to give me the visa for reasons I can't understand and I am very frustrated about.

 

In this case, I am not satisfied that clause 651.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: Clause 651.212 states:

 

The applicant genuinely intends to visit Australia temporarily: (a) as a tourist; or (b) to engage in a business visitor activity. In your eVisitor application lodged electronically on 24 November 2017 you indicated your intention to visit Australia for tourism purposes. In making this decision I have taken into consideration:

● the information provided as part of your eVisitor application

● the reason for travel;

● your personal circumstances in your home country including your employment with your mothers business;

● your letter of invitation from your partner Ian Hawkins;

● your previous immigration history including previous visa applications. In assessing a visitor visa application, I am required to assess your individual circumstances. In order to grant you a visa to travel to and enter Australia for a temporary visit, the Department needs to be satisfied that you have a strong incentive to return to your home country after your proposed Australian visit. Department records indicate that since 12 September 2013 you have spent 1323 days in Australia and 211 outside of Australia. Based on your previous immigration history including previous visa applications, time spent onshore since 12 September 2013, I do not consider that you have sufficient incentives to return to your home country, visit Australia temporarily and/ or abide by your visa conditions whilst in Australia. Based on the above considerations I am not satisfied that you have a genuine intention to visit Australia temporarily for tourism purposes. Decision As you do not meet clause 651.212, I find that you do not meet the criteria for an eVisitor.

Therefore, I refuse your application for an eVisitor lodged electronically.

Please can someone give me some advise on what is happening because i don't understand how it can get refused as all I want is to spend time with my partner. I am very frustrated!

 

Thanks

[Surin13]

Its very simple, DIBP justifiably don't believe your a genuine tourist and that you are wanting go to Australia for that purpose.

 

They clearly state this in the refusal.

 

Quote

I am not satisfied that you have a genuine intention to visit Australia temporarily for tourism purposes

 

 

 

 

 

[Peterw42]

Not sure why a German travelling to Australia would be posting on a Thai forum asking questions. Are you currently in Thailand and applying from Thailand ?

Surely you would get more relevant information from a German travel forum, people familiar with the requirements, application process etc.

It seems odd that you are introducing a sponsor for a normal tourist visa from a low risk country. And the sponsor is another German in Australia on a visa, a sponsor needs to be a citizen or resident of Australia. If your partner is indeed working for the Australian government (with a security clearance, whatever that is) there would be provisions under your partners visa for family visits etc.

 

Below is straight from the German Australian embassy website

 

• Evidence of sufficient funds to cover your proposed visit to Australia (for example, recent bank statement)
• Evidence of incentive to return to your country of usual residence (for example, evidence of employment/ proof that you are a student, or close family ties)
• A list of the names and addresses of your nearest relatives (not only those resident in Australia): parents, (independent) children, brothers and sisters
• If visiting close family in Australia (who is a citizen or permanent resident of Australia), a letter of invitation to visit.

 

 

Edited November 29, 2017 by Peterw42

[Will27]

On your refusal letter it states, "since 12 September 2013 you have spent 1323 days in Australia and 211 outside of Australia".

 

Bottom line is, you're not a tourist and more like a defacto.

I'd be surprised if you were not warned previously by Immigration, either in writing, by phone

or at the airport.

[Peterw42]

13 minutes ago, Will27 said:

On your refusal letter it states, "since 12 September 2013 you have spent 1323 days in Australia and 211 outside of Australia".

 

Bottom line is, you're not a tourist and more like a defacto.

I'd be surprised if you were not warned previously by Immigration, either in writing, by phone

or at the airport.

The OP appears to be editing the OP, none of that "have just spent 4 years in Australia" was in the OP. 

 

[Bardeh]

You've spent 1300 of the past 1500 days in Australia. Obviously they don't think you're a genuine tourist. Frustrating, yes, but I can see where they're coming from. Isn't there a more permanent visa you could apply for, as you obviously spend so much time  in the country?

[simple1]

Frankly I am very surprised you have been permitted to stay in Australia on seemingly sequential  tourist visas over such a long period.

 

One assumes your partner resides in Australia based upon a 457 Visa. If so your partner would have been able to sponsor you as a de facto. You may like to ask partner to do so.

Edited November 29, 2017 by simple1

[Aussieroaming]

Good luck with your next application. I agree with others, you don't appear to be a genuine tourist to me, more like someone who has punched the boundaries in regards to long stay on a tourist visa. Ask for a visa as a partner, hope you succeed.