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How does the immigration history of immediate family members affect one’s chances of obtaining an Australian visa?

My half-brother is an asylum seeker in Australia and I have had my tourist visa refused citing incomplete documents, but my documents were definitely complete. Could my brother's status as a refugee there be affecting my application – specially that he also entered Australia with a tourist visa?

  • Quentin Kuo Law + Immigration
    September 17, 2023

    The Genuine Temporary Entrant (GTE) requirement is a dynamic requirement. Though you may feel that your documents are complete, they could be affected by your brother. However, you may overcome this by: strong evidence of your ties to your home country, such as a job offer, property ownership, or family ties; explain your travel plans in detail and provide evidence of your financial resources to support your trip; if you have an immediate family member who is living in Australia permanently, explain why you are not tempted to stay in Australia permanently to be with them. Note: in this case, your half brother, and why you aren't tempted, interested and needing protection visa despite your half-brother's circumstances. These are some of many issues. you could do better with a lawyer/agent who deals specifically with refugee issues.

  • ANZ Migrate
    September 14, 2023

    The behavior of your half brother is not relevant to the determination of your visitor visa, except for certain character and security concerns where there are provisions that relate to being associated with certain people. Do review your refusal letter for the visitor visa as you would not be refused because of "incomplete documents". The refusal decision would indicate specific criteria that was not met. Most commonly for visitor visas this would be not meeting the genuine temporary entrant requirements, often not demonstrating sufficient ties overseas that would necessitate the return to your home country after visiting Australia. If you have employment outside of Australia, approved leave from the employer for the period you will be in Australia, a detailed itinerary for the trip, sufficient funds and evidence to prove all these points, then I would not expect any major difficulty in obtaining a visitor visa.

  • September 14, 2023

    Each visa application is assessed on its merits and for consistent information in their application. When the Department of Home Affairs refuse a visa application including subclass 600 visas, they will cite the regulation which was not met by the application and also provide the reason for their decision. If the reasons are unclear, you can contact the Department of Home Affairs, Australia and seek clarifications.  Beyond that, it would be beneficial to consult with a registered migration agent or immigration lawyer for all aspects of your visa applications.

  • Australian Visa Options
    September 14, 2023

    Yes this could definitely affect the assessment of the Genuine Temporary Entrant criteria which can include (a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the 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. Your brother's application for a Protection visa would be considered under 'any other relevant matter'.