Can you help me make an apology letter to my client’s mother her daughter explaining why she was refused a student visa and that it was me the authorized recipient who negligence to focus the important questions and submitting important documents even when immigration was not asking for it. Here is the reason: the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country
● the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern
● the value of the course to the applicant’s future, including the course’s consistency with
the applicant’s current education level, whether the course will assist the applicant to
gain employment in their home country, relevance of the course to the applicant’s past
or future employment in their home country or a third country, and remuneration and
career prospects in the applicant’s home country or a third country to be gained from the
course
● the applicant's immigration history, including visa and travel history for Australia and
other countries, previous visa applications for Australia or other countries, and previous
travels to Australia or other countries
● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the
applicant
Any other matter relevant to the applicant’s intention to stay in Australia temporarily must
also be considered. These factors have been weighed up to make an overall decision.
In considering whether the applicant met the genuine temporary entry criterion I had regard
to the following factors, consistent with clause 500.212 and Ministerial Direction No 69. The
factors were used to weigh up the applicant's circumstances as a whole, in reaching a finding
about whether they satisfy the genuine temporary entrant criterion.
I have taken into consideration the applicant’s economic and educational circumstances
relative to the circumstances of others in her home country and the circumstances in
Australia. I note she has not attempted to continue any kind of studies in her home country
since she completed Year 13. The applicant has declared she is self-employed as the
administrator land owner since July 2020. I acknowledge that self-employment may provide
an economic incentive for the applicant to return to herhome country. However, I note she
has not provided any verifiable evidence of ownership to support this claim. As such, I am
unable to give weight to her current employment as a strong reason for her to return to.
I am not satisfied that she will be compelled to return to because of any land or property
ownership
The applicant has declared family ties to Australia. I have assessed that having family in
Australia may be a positive factor however I have also assessed that family ties to Australia
may also present a strong incentive for the applicant remain in Australia given her personal
circumstances in her home country.
I have considered the value of this course to the applicant's future. The applicant within her
genuine temporary entrant statement indicated that studying in Australia will enable her to
explore in greater detail how the elderly population can be properly cared for to bring back
change to her home country. However the applicant has not provided in detail the type of
remuneration she would receive or how she would implement the change as she has not
indicated the employment opportunities she would be looking at when she returns. While I
accept that obtaining qualifications from an Australian educational institution may positively
influence employment and remuneration prospects in an applicant’s home country, I am not
satisfied that the applicant demonstrated how she would achieve this against the background
of prevailing economic circumstances in her home country. The applicant implied a career
pathway in Community servicing in her home country and stated that the training she would
receive from her study would enhance her caring capabilities however she failed to explain
the financial benefit she would gain from completing this course abroad. Accordingly, I am
not satisfied the proposed course will add value to the applicant’s future. I give weight to
apparent lack of value of the course to the applicant’s future, which indicates that her primary
motivation for pursuing this course may be other than the quality of education in Australia. I
have considered the applicant’s likely earning capacity in Australia and in her home country
Based on the information before me, I am not satisfied the financial incentives to return home
outweigh the financial incentives to remain in Australia. I therefore place little weight on the
applicant’s implied intention.
Departmental records indicate that the applicant was refused a student visa application
on the 24 February 2023 however she failed to declare this in this application under Visa
History. I have considered this in my assessment and decision. I weight this negatively.
Conclusion
After weighing up these factors as a whole, I am not satisfied that the applicant intends
genuinely to stay temporarily in Australia.
Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for a Student
visa.