Purpose of the security
A bond is not a mandatory requirement and a visa can be granted without a bond request being made. Furthermore, a bond is not a “guarantee” that a person will return home by the time their visa ceases, and a large bond should not be used as an alternative to visa refusal if officers are not satisfied that the genuine temporary stay requirement is met. It should be imposed only if officers have residual concerns that the applicant may attempt to stay in Australia after their visa has ceased.
A request for a security bond provides added encouragement for the sponsor to ensure that they know enough about the visa applicant to ensure their compliance with visa conditions.
Factors in requesting a security bond
The lodging of a security bond by their sponsor will give the applicant extra incentive to leave Australia before their visa ceases and to comply with visa conditions. A security bond should be requested if the s65 delegate is satisfied that the applicant intends a genuine temporary stay but has residual concerns regarding the applicant’s intention to comply with the conditions of their FA-600 visa.
In considering whether to request a security bond, officers may take into account:
- the immigration history of the applicant and the sponsor, including non-compliance with visa conditions or any non-return in respect of any visa granted to them
- the incentives for the applicant to return home
- the purpose of the applicant’s visit (in special circumstances a higher bond may be appropriate to enable high risk applicant to travel, for example to attend a family funeral)
- if an applicant has compelling and compassionate reasons requiring them to travel to Australia urgently.
- In some cases officers will find that the sponsorship undertaking, together with the other evidence the applicant provides, will be sufficient to satisfy them that the applicant will abide by their visa conditions, and no bond is required.
Payment of security bond
Who pays the security bond
A security can be requested for either the Tourist stream visa (600.225 refers) or the Sponsored Family stream visa (600.235). The Regulations do not prescribe who should lodge the security. The requirement to lodge a security includes the lodgment of the security by any person on behalf of the visa applicant.
For a Tourist stream visa, the applicant should be asked to arrange the lodgment of the bond unless they have authorised another person to act on their behalf. For a Sponsored Family stream visa, the sponsor should be asked to arrange for the security to be lodged.
The guidelines that follow merely reflect the policy view that it is envisaged that, in most cases, it is the sponsor who will lodge the security.
If a security bond is requested but not paid
Failure to pay the security is grounds for visa refusal.
Unless alternative arrangements have been made with the sponsor, if the security bond is not lodged within 28 days of the date the bond request letter is deemed to have been received, the visa should be refused because:
in the case of the Tourist stream, the applicant will not satisfy 600.225
in the case of the Sponsored Family stream, the applicant will not satisfy 600.235.
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