Trainee Stream » 18 мар 2016, 18:12
Вот наш отказ. У обоих одинаковый
In the application, the applicant has declared that they are currently residing in Ukraine. It is
apparent that Ukraine has been experiencing significant civil disruption and consequently this
has impacted on the applicant’s home country’s economic situation. I note that she reside
in Melitipol. Melitipol is located in Zaporizhia (Zaporizhzhya) Oblast, south eastern Ukraine.
South eastern Ukraine, particularly with regard to the regions of Donets’k and Crimea, is
of heightened concern. Zaporizhia is immediately to the west of Donets’k and given the
situation in the region recently, I find that there is an elevated incentive for the applicant to
depart this area to seek greater opportunity in terms of employment and security.
While I do acknowledge that the applicant has provided some evidence with regard to the
request for further information made on 03 December 2015, I have taken into consideration
and placed primary weight on the following factors.
The applicant has provided letters from their employer. Whilst I have no reason
to doubt that the applicant has worked for this employer, it is evident that the income she
receives from this work is very low in comparison to the potential income that could be
achieved in Australia. The employment letter indicates that the highest earnings the applicant
has received, of the months referred to in the letter, is net UAH 3280.00 for a month’s work.
This equates to approximately AUD 171 only. There is no information to hand that the
applicant has any other steam of income of her own and as such, I conclude that she is a
low paid agricultural worker for which the incentive to depart south eastern Ukraine for better
employment opportunities in Australia is substantial. I do acknowledge that the employer has
made comment as to the availability of work for the applicant on return to Ukraine; however
I place little weight on such statements as an incentive to return, given the relatively low
wages available.
I have considered the applicant’s ownership of a quarter of a house. I do not consider this
incentive to return to the country of residence. I further note that the applicant holds some
USD 2928 in funds held in a bank account. Such funds may be accessed at
little notice and do not serve as an incentive to return to Ukraine. I have no further evidence
of any other investment or asset held in Ukraine which could serve as an incentive for the
applicant to return. In terms of her financial ties to her home country, what little has been
evidenced, I do not find to be of consequence.
I have made further consideration against clause 402.214 with regard to the telephone
interview conducted with the applicant concerning this application. In that interview it was
stated by the applicant that she will be paying in total some USD 6000 in fees for the
program and that at the time of the interview, the applicant had already paid USD 4000. I
find such an investment to be indicative of the grave importance placed by the applicant on
securing employment in Australia and the imperative the applicant holds for leaving Ukraine,
given her current financial means and the volatility of south eastern Ukraine in recent times.
Finally I have considered that the applicant intends to travel to Australia with her spouse.
The fact that her spouse will not be remaining in Ukraine and that rather that he will be
accompany you, removes a further incentive for your return to your country of residence. I
note the applicant is young and apparently has no children which heightening her motivation
to depart Ukraine together with her spouse.
I have given weight to the current situation in the applicant’s home country and recognise
that these factors may encourage an applicant to seek a visa to enter and to remain in
Australia. As such, your personal circumstances do not suggest that you have a strong
incentive to return to your home country.
These factors, when considered as a whole are as such that I find that I am not satisfied
that the applicant genuinely intends to stay temporarily in Australia given the relevant
matters discussed here. I therefore find that the applicant does not meet the requirements of
sub clause 402.214(c)
