An Indian man has been refused a visa to visit his sister in Australia citing his occupation of farming was of “seasonal nature” which couldn’t be given the same weight as “stable and ongoing employment” and was deemed an insufficient incentive for the applicant to leave Australia in time.
27-year-old Manjot Singh Grewal applied for a family-sponsored visitor visa in order to visit his sister in Melbourne. Mr Grewal’s visa was sponsored by his sister Arvinder Kaur who is an Australian citizen who submitted the visa application on her brother’s behalf.
Mr Grewal, a farmer in Punjab, supported his visa application with his annual income tax returns as the evidence of his income.
However, the Department of Immigration and Border Protection declined his visa application, stating it was not satisfied Mr Grewal’s employment was a sufficient incentive to induce him to depart Australia within the validity of his visa.
“The applicant has not provided evidence of sufficient personal, financial, employment ties to India to demonstrate that he intends a genuine visit to Australia,” a department official wrote to Mr Grewal conveying the reason for the refusal.
The presence of Mr Grewal’s mother and sister were not considered “sufficient” reason for him to return to India.
“I am not satisfied that their presence sufficiently demonstrates that the applicant intends a genuine temporary stay in Australia,” the refusal letter read further.
The department held that despite his sister sponsoring Mr Grewal’s visitor visa, it wasn’t satisfied that he would abide by the conditions of his visa.
His sister said she is disappointed at the department’s decision.
“I have family members visit me from India before and they have complied with their visa condition and departed well within the validity of their visas,” Arvinder Kaur said.
“I feel it’s unfair to treat someone this way when they pay taxes and are responsible citizens. I am particularly disappointed at not being given an opportunity to respond. I could pay a bond if the department believed there was any risk,” she told SBS Punjabi.
The ImmigratiDepartmentent said a visa application will not be refused solely on the basis of citizenship and employment type and that a number of factors are including health, character and genuine temporary stay requirements.
“When deciding if an applicant intends a genuine temporary stay in Australia, relevant considerations include the applicant's personal circumstances, incentive to return home, financial situation and ability to support themselves while in Australia,” a spokesperson for the Department of Immigration and Border Protection told SBS Punjabi.
“While offers of support given by family members in Australia are given due consideration, this, in itself, is not sufficient evidence that an applicant intends a genuine temporary stay. This is not a reflection of the genuineness of the Australian family’s support for the applicant.“
Ms Kaur said she would file an appeal in the Administrative Appeals Tribunal against the department's decision.
