Hello, I have applied a tourist visa for my cousin who is in the Philippines for the intent of helping my family (husband and 20 months toddler) in September (for three months) when I give birth to our second child. I had post natal depression and thought this time around we will have family support with us to make things easier. We do not have relatives in Sydney, both my husband's and my parents are elderly and live outside Sydney and Australia, our siblings also have their own family and are overseas, we have tried getting nanny/cleaner with the first born and it just caused more stress due to personal differences and preferences.
My cousin is 26 years old, employed in the same company for three years, minimal savings and no assets to her name. I submitted the application anyway, hoping they consider my need of help and assistance and guaranteeing I will ensure my cousin goes back to the Philippines when her visa runs out. The application was denied on Friday last week, 13 May and the reasons stated below:
" Relevant considerations in deciding whether the applicant intends a genuine visit can
include, but are not limited to, the following:
Personal circumstances or other conditions in the applicant’s home country, that may
encourage the applicant to remain in Australia, including,
- the applicant’s economic situation - including unemployment or employment that, based
on knowledge of local employment conditions, such as salary rates, would not constitute a
strong incentive for the applicant to leave Australia;
- the applicant’s personal ties to Australia, that is, does the applicant have more close family
members living in Australia than in their home country;
- military service commitments;
- civil disruption, including war, lawlessness or political upheaval in the applicant’s home
country; and
- economic disruption, including shortages, famine, or high levels of unemployment, or
natural disasters in the applicant’s home country.
Whilst the applicant has supplied relevant information relating to their personal
circumstances in the Philippines, the documentation supplied by the applicant has failed to
demonstrate that the applicant has significant ties to the Philippines that would induce them
to return home within the validity of their visa nor would it be reasonable for them to be away
from the commitments and responsibilities that they have demonstrated for the purposes
of travel. Therefore, I give no weight to asset ownership, business ties or cultural ties as
evidence that the applicant intends a genuine visit to Australia and cannot consider these ties
as factors that will induce the applicant to depart Australia within the validity of their visa.
I have considered declared purpose of travel to provide care, assistance, and support to her
cousin onshore. While the circumstances of the applicant’s cousin and sponsor are noted
and accepted, these do need to be balanced against the applicant’s personal circumstances
in her country of residence and incentive to return. There was also no persuasive information
before me to demonstrate that care and support is not available in Australia from friends and
family or from the community in general.
It is necessary to provide adequate evidence with every application in order to satisfy
decision makers that the applicant’s situation in their home country is such that they would
not potentially seek recourse to unlawful employment onshore or to seek to remain onshore.
On this occasion the applicant has failed to do this. Whilst I have given careful consideration to the reason stated for the visit, I find that the stated purpose travel does not outweigh the
various concerns associated with the application as outlined above. The applicant has not
provided sufficient evidence, in accordance with policy to demonstrate that their true intention
is only for a genuine visit to Australia. I am therefore not satisfied that the applicant meets
cl600.211(c)."
Note, I am her only relative in Australia. I am going to contact Immigration tomorrow and seek for advise. For the time being, anyone been through the same situation and managed to reapply and got granted a visa? What do you suggest we do differently this time? I am even willing to get a letter of recommendation from my Psychiatrist in relation to having a family member with us during the first couple of months of giving birth. Depression is a major thing in Australia and I don't think Immigration officers in Manila understand that we are making a step in avoiding it. It doesn't mean my cousin doesn't have assets then she will not plan on going back to the Philippines. What else can we do besides assets to satisfy this part?
Many thanks in advance.
Sabrina