What To Do When Your Visa is Refused Based on Genuine Temporary Entrant Criteria

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Table of Contents

• What Are the Genuine Temporary Entrant Criteria?
• How Do I Demonstrate GTE in My Visa Application?
• What To Do When Your Visa is Refused Solely Due to GTE Requirements
• Key Takeaways 

In the Australian immigration framework, the Department must have processes in place to ensure that migrants utilise temporary visas with integrity and do not undermine the purposes of those visas. Accordingly, the ‘Genuine Temporary Entrant’ (GTE) criteria is an eligibility requirement that applies to several temporary visa subclasses, including student visas and visitor visas. Applicants must satisfy these criteria in order for the visa to be granted. Therefore, failure to satisfy the GTE criteria will typically result in a visa refusal. This article will explain what the GTE criteria encompass, how to satisfy the criteria and what to do if your visa is refused based on this. 

What Are the Genuine Temporary Entrant Criteria?

The GTE criteria require you to demonstrate your genuine intent to stay in Australia temporarily and for the purpose of the relevant visa. The Department will assess your intentions, whether you are likely to comply with relevant visa conditions and whether you are likely to depart Australia when the visa expires (unless another visa is granted). 

The Department will generally assess the following considerations:

• whether you have complied with prior visa conditions, and the nature of any non-compliance;
• whether you intend to comply with new visa conditions, taking into account factors such as any adverse information, ability to support your own stay, etc.; and
• any other relevant matter, including:
  • your employment and financial circumstances;
  • the economic or political situation in your home country or usual country of residence;
  • your incentive to return to your home country or usual country of residence;
  • your international travel history;
  • your ties to Australia and incentives to remain in Australia;
  • the credibility and consistency of the information provided;
  • any offers of support provided by your family and friends in Australia which may substantiate reasons for travel;
  • any compelling or compassionate reasons to travel;
  • whether you hold another visa, intend to lodge another visa application, or have already lodged an application for another visa;
  • the purpose of your visit to Australia, including the proposed duration of stay and intended activities in Australia; and
  • the total length of time you have already spent in Australia on temporary visas.

How Do I Demonstrate GTE in My Visa Application?

Ensure that all evidence you provide is accurate, complete and credible documentation. 

Examples of evidence that can strengthen your application include:

• bank accounts you hold in your home country/usual country of residence;
• property or asset ownership in your home country/usual country of residence;
• long-term employment, business or study commitments held in your home country/usual country of residence;
• strong family or community ties in your home country/usual country of residence;
• having dependents enrolled in childcare or schooling in your home country/usual country of residence;
• caring commitments for family members in your home country/usual country of residence; 
• evidence of funds in any bank account that can support your departure from Australia; and
• letters or statements/submissions supporting the above from you, family members and employers.

What To Do When Your Visa is Refused Solely Due to GTE Requirements

Suppose you are of the view that there may have been deficiencies in your original visa application or you did not provide all available evidence. In that case, you should lodge a new visa application demonstrating why your stay will genuinely be temporary. 

Alternatively, suppose you believe you have provided all the evidence that you possibly can. In that case, you may wish to appeal the refusal decision to the Administrative Appeals Tribunal (AAT) if you have the right to do so. 

You should seek professional advice on whether an appeal is a viable or strategic option. 

Alternatively, you may consider applying for a different visa that does not entail GTE requirements. Naturally, this will be subject to suitability and your eligibility.

Key Takeaways 

Suppose your visa requires Genuine Temporary Entrant criteria to be satisfied. In that case, you must provide clear information and documentation to support that your stay will be genuinely temporary and that you have strong ties to your passport or residence country. If your visa is refused solely based on this not being satisfied, consider re-applying with evidence of a higher quality and quantity. Alternatively, consider appealing, if appropriate, or pursuing a different type of visa to enter Australia if suitable and you are eligible. You should consult with an immigration professional to navigate the GTE criteria, especially in the instance of a visa refusal.

If you require legal advice on your visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.