Decision

Decision


I am a delegated decision maker under section 65 of the Migration Act 1958 (the Act). In reaching my decision, I have considered relevant legislation contained in the Act and the Migration Regulations 1994 and information contained in the department's policy guidelines Procedures Advice Manual 3.

Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations. Your application has been considered against the criteria for a subclass 600 visa in the Visitor visa class.

As you do not meet one or more clauses in Schedule 2 of the Regulations, I find that you not meet the criteria for the grant of a subclass 600 visa In the Visitor visa class. There refuse your application for a Visitor visa.

Reasons for decision

You did not satisfy Subclause 600. 211 of the Migration Regulations 1994, which reads that:

the applicant genuinely intends to stay temporarily in Australia for 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 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.

Under policy when considering "any other relevant matter", decision makers may take into account a wide range of considerations to determine whether an applicant genuinely Intends a temporary stay in Australia. This may Include, but is not limited to, the applicant's employment, economic and family circumstances, their credibility, the claimed purpose and period of stay, and the applicant's previous travel history.

In assessing these criteria I have taken into account the information provided in your visa application form and the supporting documents provided. On balance, I find that you have not demonstrated sufficiently strong employment, economic, family or other commitments in china that would be sufficient incentive for you to return to China.

More specifically, I have considered your economic circumstances and note that you have provided some evidence of your financial standing. however the amounts assets cannot be considered significant in the context of overall economic employment conditions and cost of living in China. As such, I do not consider that you have strong economic incentives to return China at the end of your proposed stay in Australia.

In light of the above considerations. I am not satisfied that you genuinely intend to stay temporarily in Australia for the purpose you have stated, and therefore find that you do not satisfy Subclause 600. 211 of the Migration Regulations 1994.



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