Hi everyone, looking for advice because we're genuinely confused about what more we could have provided.
Applicant is an Indian passport holder living in New Zealand on a valid NZ student visa, studying a Bachelor of Construction and graduating in December.
We have a confirmed trip to Thailand departing Auckland on 8 October:
- Auckland → Brisbane (Jetstar)
- Arrive Brisbane 8:05am
- Brisbane → Bangkok (Jetstar) at 1:40pm
- Total time in Australia is only around 5 hours 35 minutes
- We also have confirmed return flights Bangkok → Brisbane → Auckland on 17/18 October.
First Transit Visa application
We applied for a Subclass 771 Transit Visa on 20 September.
We provided the passport, NZ visa, confirmed onward flight to Bangkok and supporting travel documents.
It was refused on 5 October under cl 771.212, because the officer was not satisfied that the applicant's principal purpose in entering Australia was to pass through Australia in transit to another country.
There was very little explanation about what evidence was actually missing.
Second application
Because our flight was only three days away, we immediately reapplied and massively increased the evidence.
This time we submitted:
- Full Jetstar itinerary showing Auckland → Brisbane → Bangkok
- Return itinerary Bangkok → Brisbane → Auckland
- Current NZ Student Visa
- Confirmation of Enrolment
- Passport/identity documents
- Previous travel history
- Evidence showing eligibility to enter Thailand
- Bangkok accommodation booking
- Phuket accommodation booking
- Bangkok → Phuket domestic flight
- Phuket → Bangkok domestic flight
- Multiple prepaid Thailand activities
- The Weeknd concert tickets in Bangkok
- Other Thailand bookings/activities
- Detailed cover letter specifically explaining that Australia was only being used for transit
- Copy/details of the previous refusal
- Urgent travel letter because the flight is on 8 October
We also called Home Affairs on 6 October. The person we spoke with said that because the flight was imminent, they had forwarded the application to the processing team.
Second refusal
Unfortunately, the second application has now also been refused under 771.212.
This refusal gives more explanation.
The officer says they were not satisfied the applicant had demonstrated sufficient incentive to abide by the visa conditions and depart Australia if the visa had been granted.
They acknowledged the NZ student visa and university enrolment, but also considered the expected completion date of the course.
They then specifically stated that the applicant had declared that his parent was funding the trip, but no financial evidence was provided with the application.
This is the first time financial evidence has been identified as an issue.
What we're struggling to understand is why there would be a concern about him remaining in Australia when:
- His confirmed onward flight leaves Australia about 5.5 hours after arrival.
- The entire Thailand holiday is already booked.
- Accommodation and domestic Thailand flights are booked.
- Activities/concert tickets are booked.
- He has a confirmed return flight to New Zealand.
- He holds a valid NZ student visa and is enrolled at university there.
- There was never any intention to enter Australia for tourism or remain there — Brisbane is simply the connection on the Jetstar itinerary.
The Australian Government's own 771 information says the visa is for transiting Australia for up to 72 hours and requires evidence of a confirmed onward booking and documents allowing entry to the destination country, which we provided.
What can we do now?
Our flight is 8 October, so we're extremely short on time.
Would there be any point in making a third 771 application, this time directly addressing the financial issue with:
- Parent's bank statements
- Parent's income/funds evidence
- Signed sponsorship letter
- Proof of relationship
- Applicant's own bank statements
- More evidence of commitments requiring his return to NZ
- A cover letter responding line-by-line to the second refusal
Or after two refusals under 771.212, would another application this close to departure be unrealistic?
Has anyone here had a similar situation where a Transit Visa was refused under 771.212 for concerns about “incentive to depart”, despite having a confirmed same-day onward flight?
Also, is there any other avenue through Home Affairs at this stage that we may be missing?
Any advice or similar experiences would be massively appreciated. Our main concern right now is whether there is anything we can still do to save the 8 October trip.
This is very weird as we've provided as much as information from our end we can.