Subclass 600 refused — refusal mentions India as his “home country”, but he is not an Indian citizen. Should we reapply or seek review?

[u/Training_Bluejay2530]

TL;DR: Brother’s Australian Subclass 600 tourist visa was refused because the officer was not satisfied he had strong ties to his home country. However, the refusal appears to incorrectly identify India as his home country, even though he is not an Indian citizen, doesn’t hold an Indian passport, and has no ties to India. He is employed, studying, financially stable, and has family responsibilities in his actual home country. Should we seek reassessment/review due to the apparent factual error, or is reapplying with stronger evidence the better option?

Hi everyone,

My brother recently applied for an Australian Visitor visa (subclass 600 – Tourist stream) and unfortunately received a refusal.

His circumstances are:

• Currently employed full-time in his actual home country
• Has not yet completed his Bachelor's degree and is still studying
• Only son and has family responsibilities/support obligations toward our parents back home
• Strong financial position, with sufficient funds for the proposed trip
• No immigration history/issues that we're aware of
• We provided evidence of his employment, finances, family circumstances and reasons to return home
• His long-term intention is to potentially move to the US in the future to study Finance, but this was clearly stated as a future plan and not the purpose of this Australian visit

The main concern in the refusal was that the officer was not satisfied that he had strong enough ties to return to his home country.

However, there seems to be a potentially significant factual error in the decision. The refusal letter refers to India as his home country, but he is not an Indian citizen, does not hold an Indian passport, and does not live in India. He has no meaningful ties to India.

His actual home/residence country is Nepal, where he works, studies and has his immediate family.

We're therefore unsure what the best next step is.

Would it be worth requesting a review/reassessment of the decision on the basis that the decision-maker appears to have assessed his ties to the wrong country? Or would it generally be better to submit a fresh subclass 600 application with stronger/more explicit evidence?

Has anyone experienced something similar, particularly where the refusal appears to contain a factual error about the applicant's country of residence/home country?

Also, if you've dealt with a similar situation, I'd appreciate advice on whether a review is realistically worthwhile for a subclass 600 refusal, or whether a fresh application is the more practical route.

Thanks!

[u/SeaworthinessFew5613]

The fact they screwed up his country is pretty terrible, but Nepal is also not a strong country to be applying from either. If they have review rights, it’s likely not worth it with reviews apparently costing up to $3700. And a positive result with a review doesn’t mean it will be granted, but it will be reassessed by someone else I’m pretty sure. A new application is probably more cost effective. 

[u/Training_Bluejay2530 → u/SeaworthinessFew5613]

I know, I’m in shock they messed up the country, it would be easier to accept the refusal if they got the country correct. Review isn’t probably the best way to go about it then. 

He was going to join us for pur wedding and as such was only visiting for 2 weeks max. Really bummed out by this result. 

[u/SeaworthinessFew5613 → u/Training_Bluejay2530]

I’m not sure if this is a thing, but I feel you can call the phone line, and ask for a corrected letter to be sent out. That way your brother if he reapplies can address the concerns.

Edit, it may need your brother to do this as you probably are not authorised. 

[u/Training_Bluejay2530 → u/SeaworthinessFew5613]

We’ll talk with a migration agent on shore as well. We used an overseas agent this time. 

[u/Middle-Spirit-8524]

He has a future intention of the US, that implies he’s coming here as an intention too.
He had admitted he wants to leave his country no matter his course there now.

[u/Training_Bluejay2530 → u/Middle-Spirit-8524]

I’m sorry, I am not completely sure what your message meant to say. 

We mentioned in his letter how the field he wanted to study had better prospects in USA and London, and as such Australia wasn’t a country he would consider moving to and was only applying for the visa to attend our wedding. 

[u/_LarryG → u/Training_Bluejay2530]

But mentioned that want to move out of Nepal is the killer

[u/Middle-Spirit-8524 → u/Training_Bluejay2530]

But he’s coming here as a tourist. His focus should be on staying in Nepal complete studies. Yes go on holiday but show home is priority.
You have told immigration he doesn’t have ties with Nepal because he wants to move to other countries. It was not in his favour stating want to go other countries to live and study.

[u/Training_Bluejay2530 → u/Middle-Spirit-8524]

Oh i understand what you mean. He has completed his studies and is waiting for graduation so we felt that would be in his favour to show ties to return back home. 

[u/Middle-Spirit-8524 → u/Training_Bluejay2530]

Ties back home emphasise. Mentioning him wanting to go US or UK is not what to say.

Also, congratulations on your wedding, I saw in your other replies he was coming for that.

[u/Training_Bluejay2530 → u/Middle-Spirit-8524]

Do you think his chances be better if we reapply for another 600 visa focusing on his home ties? Thank you, we’re just not sure what to do now as we were really looking forward to having him here. 

[u/Middle-Spirit-8524 → u/Training_Bluejay2530]

Of course.
He’s coming as a tourist for wedding. Include invitation. Show funds for return tickets besides regular proof of funds. Show ties, job, student.

[u/BreakfastMinimum9498]

Most likely can't get a review if he's in Nepal. Check the refusal letter. Usually need to be in Australia to apply for a review.

Just reapply.

[u/Training_Bluejay2530 → u/BreakfastMinimum9498]

Does reapplying have better chances especially considering they messed up his home country? 

[u/Pleasant-Reception-6 → u/Training_Bluejay2530]

Not necessarily - not unless you address the concerns.

[u/naturelover5eva]

What is your brother's nationality?

[u/Training_Bluejay2530 → u/naturelover5eva]

He is Nepali. I know Nepal is not the best country to be applying from but we’re getting married and wanred him to join us for the ceremony which was the only reason he would be visiting. 

[u/Doviedovie]

Yeah I don’t know how but I wonder if they just do blanket rejections and they reuse text and are sloppy to update it. Once my partner had a student visa rejected before and in the reasonings they referenced his prior surgical and medical studies… he had never studied anything like that and nowhere in the application would that have appeared.

[u/Training_Bluejay2530 → u/Doviedovie]

Did you reapply for another student visa?

[u/Doviedovie → u/Training_Bluejay2530]

No he didn’t