Specialist in Australian Immigration, Migration Consultant and Online Australian Visa Assessment Service.
Australian Immigration Specialists - Australian Immigration Consultants Online Australian Visa Assessments for immigration to Australia
  Research Home

Categories
Administrative Appeals Tribunal
Federal Court
Federal Magistrates Court
Full Federal Court
High Court
Migration Review Tribunal
Other Jurisdictions
Refugee Review Tribunal
Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

FEKADU, Askal Assefa [2003] MRTA 6666 (30 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

FEENSTRA, Rein Cornelius [2002] MRTA 7221 (5 December 2002)

CATCHWORDS: Review of visa refusal - subclass 844 (Investment-linked) - regulation 844.211 - 844.214

DECISION: The Tribunal remits the applications made by the visa applicants for Business Skills (Residence) (Class BH) visas, subclass 844 (Investment-linked), to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicants meet clauses 844.211 and 844.214(2) of Schedule 2 of the Regulations.

Feeney (Member) [2004] MRTA 6866 (19 May 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 (Spouse (Provisional)) � Public Interest Criterion 4007 � Health - Waiver

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Provisional) (Class UF) visa.

PETROV, Serguei [2002] MRTA 2596 (14 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of an Extended Eligibility (Temporary) (Class TK) visa.

Fazli, Shahla [2000] MRTA 2871 (13 September 2000)

CATCHWORDS: Visa refusal - subclass 104 - Remaining relative - overseas near relative - siblings dead or missing

Fayyaz Ali Laghari [2005] MRTA 43 (28 January 2005)

CATCHWORDS: Review of visa refusal - Subclass 101 (Child) - dependency

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Migrant) (Class AH) visa.

Fayers, Bernice Sheryl [2004] MRTA 2187 (6 April 2004)

CATCHWORDS : Review of visa refusals - Subclass 103 �health criteria � criteria 4005

FAYED, Mouin Khaled [2002] MRTA 5227 (9 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - not in a de facto relationship 12 months preceding visa application - no compelling and compassionate circumstances

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of an Extended Eligibility (Temporary) (Class TK) visa.

FAYAZ, Syed Mohammad [2002] MRTA 1395 (14 March 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - Usual occupation - Personnel officer - General points test - Qualifying score

DECISION: The Tribunal remits the application made by the visa applicants for a Skilled - Australian Linked (Migrant)(Class AJ) visa, subclasses 105 and 106, to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that:

Fawcett, Clive [2001] MRTA 5377 (14 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 300 - parties are known to each other personally - the parties genuinely intend to live together as spouses - Regulation 1.15A(3)

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural Affairs for reconsideration, with the direction that the visa applicant satisfies clauses 300.214 and 300.216 of Schedule 2 to the Regulations.

Favelle, Terence James [2000] MRTA 2532 (23 August 2000)

CATCHWORDS: Visa Refusal - Subclass 309 - genuine and continuing relationship - exclusion of all others

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Spouse (Provisional) (Class UF) visa

FAULKNER, Ronald Alwyn [2004] MRTA 1717 (17 March 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional)(Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a Subclass 309 (Spouse (Provisional)) visa:

Migration Review Tribunal

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor - Pakistan

DECISION: The Tribunal remits the application made by the visa applicant for a Long Stay (Visitor) (Class TN) visa to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

FATIAKI, Akata Munivai [2003] MRTA 1868 (26 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged Parent)

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Aged Parent (Residence) (Class BP) visas.

Father Flannagans Irish Pub Pty [2003] MRTA 1939 (28 March 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

DECISION: The Tribunal sets aside the decision under review and substitutes a decision that the review applicant is approved as a standard business sponsor. The instrument of approval is attached to this statement.

Fateeva, Natalia [2001] MRTA 4952 (29 October 2001)

CATCHWORDS: Review of visa refusals - Subclass 103 - sponsorship

DECISION: The Tribunal remits the applications made by the visa applicants for Parent (Migrant) (Class AX) visas to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

FASA, Esther Tekle [2002] MRTA 3921 (28 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 104 - orphan relative

Farzin, Fereidoun [2001] MRTA 2127 (23 May 2001)

VISA APPLICANTS: Seyedeh Bahareh GHASSEM HOSSEINI

DECISION: The Tribunal remits the matter for reconsideration in accordance with directions that the visa applicant satisfies the criterion in subclause 309.211(2) and clause 309.221 for grant of a Spouse (Provisional) (Class UF) Subclass 309 visa.

FARRUGIA, Paul [2003] MRTA 3821 (13 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme) - health criteria - clause 4005

DECISION: The Tribunal remits the applications made by the visa applicants for Employer Nomination (Residence) (Class BW) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration. A Medical Officer of the Commonwealth has provided a further opinion that one of the visa applicants now met clause 4005 of Schedule 4.

FARROW, Loretta [2002] MRTA 2699 (16 May 2002)

FARROW, Loretta [2002] MRTA 2699 (16 May 2002)

DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant has achieved the qualifying score under clause 105.222 and meets the requirements of clause 105.224 of the Migration Regulations 1994 for the grant of a Skilled (Australian Linked) (Class AJ) visa, subclass 105.

FARRELLY, Paul Anthony [2000] MRTA 6374 (30 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 105 - usual occupation - revised score - points test - Office Manager

CATCHWORDS: Review of visa refusal - Subclass 105 - usual occupation - revised score - points test - Office Manager

FARRELL, Maxine [2003] MRTA 5406 (30 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship - clause 100.411

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 100 (Spouse) visa:

FARRAWELL, Steven John [2003] MRTA 2938 (14 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that, at the relevant times, she met the criterion as specified in clause 309.211 and also satisfied the criterion as specified in clause 309.221 of Schedule 2 of the Migration Regulations 1994.

Migration Review Tribunal

CATCHWORDS: Skilled (Australian Linked) visa, subclasses 105 and 106 - usual occupation - Magistrate - general points test - qualifying score - Occupations Requiring English - proficiency in English

DECISION: The Tribunal affirms the decision to refuse the grant of a Skilled (Australian Linked) (Migrant) (Class AJ) visa to the visa applicant.

Migration Review Tribunal

CATCHWORDS: Skilled (Australian Linked) visa, subclasses 105 and 106 - usual occupation - Magistrate - general points test - qualifying score - Occupations Requiring English - proficiency in English

DECISION: The Tribunal affirms the decision to refuse the grant of a Skilled (Australian Linked) (Migrant) (Class AJ) visa to the visa applicant.

FAROUK, Ziza [2002] MRTA 7008 (27 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - applicant married sponsor after application for prospective spouse visa refused

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the application be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa.

FAROQUIE, Mohammed [2003] MRTA 6231 (10 September 2003)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - "usual occupation" - Cook - ASCO code 4513-11

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Skilled - Australian Linked (Migrant) (Class AJ) visa.

FAROOQI, Gulnaz [2000] MRTA 4860 (21 August 2002)

CATCHWORDS: Review of visa refusal - Class AJ (Skilled - Australian Linked) (formerly Concessional Family) - Class AY (Preferential Relative) - valid application - substantial compliance.

Migration Review Tribunal

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - usual occupation - Chemist - Occupations Requiring English List - vocational English

DECISION: The Tribunal remits the applications made by the visa applicants for Skilled - Australian Linked (Migrant)(Class AJ) visas, subclasses 105 and 106, to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that:

FARMER, Maria [2003] MRTA 2298 (16 April 2003)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 (Skilled-Australian Linked) - usual occupation - recognised by Trades Recognition Australia as a Power Generation Plant Operator

DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 105 (Skilled-Australian Linked) visa:

FARIS, Semira [2003] MRTA 283 (22 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

Farias, Christopher Martin [2001] MRTA 4466 (28 September 2001)

CATCHWORDS: Review of visa refusals - Subclass 105 - skills assessment - ship's engineer

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Skilled - Australian Linked (Migrant) (Class AJ) visas.

FARHAT, Khalil Idriss [2003] MRTA 2782 (7 May 2003)

FARHAT, Khalil Idriss [2003] MRTA 2782 (7 May 2003)

DECISION: The Tribunal remits the decision under review with a direction that the visa applicant meets the following criterion: criterion 100.221(2)(B)(c) of Schedule 2

Migration Review Tribunal

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship - de facto relationship of less than twelve months - compassionate and compelling circumstances for grant.

Migration Review Tribunal

CATCHWORDS: Review of visa refusal - Subclass 806 - remaining relative

FARES, Najemdin [2002] MRTA 6658 (13 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 104 - remaining relative

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Preferential Relative (Migrant)(Class AY) Subclass 104 (Preferential Family) visa.

Migration Review Tribunal

CATCHWORDS: Review of visa refusal - Subclass 105 - Clause 105.224 - Occupations Requiring English - Proficiency in English - Import / Exporter

DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant is not required to meet clause 105.224 of Schedule 2.

FARAH, Salah Ibrahim [2003] MRTA 584 (31 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - health criteria 4007 - waiver

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that subclause 4007(1) of the Regulations has been waived.

Farah, Nimo [1999] MRTA 490 (25 October 1999)

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the Visa Applicant meets the criteria, other than public interest criteria, for the grant of a General (Residence) (Class AS) visa, subclass 801 (Spouse).

CATCHWORDS: Cessation of relationship-domestic violence

FARAH, Nassim [2004] MRTA 1116 (23 February 2004)




CATCHWORDS: Review of visa refusal - Return (Residence) Class BB Visa - Subclasses 155 & 157 - subclause 155.212(3A) - business and personal ties - substantial ties - benefit to Australia - compelling reasons - when compelling reasons need to arise


DECISION: The Tribunal remits the application made by the visa applicant for a Return (Residence) (Class BB) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 155 visa:

FARAH, Jeffry [2004] MRTA 1117 (23 February 2004)

CATCHWORDS: Review of visa refusal - Return (Residence) Class BB Visa - subclause 155.212(4) - member of family unit - child over the age of 18 years - whether dependent child

DECISION: The Tribunal remits the application made by the visa applicant for a Return (Residence) (Class BB) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 155 visa:

FARAH, Gerges Youssef [2002] MRTA 7640 (23 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - no application for business sponsorship - subsequent business sponsorship approved

DECISION: The Tribunal remits the application made by the visa applicant for a Temporary Business Entry (Class UC) visa to the Department of Immigration and Multicultural and Indigenous Affairs. There has been a subsequent decision to approve a person as a business sponsor, and in the circumstances, it is appropriate to remit the visa application to the Department.

FARAH, Eddy [2004] MRTA 1118 (23 February 2004)

CATCHWORDS: Review of visa refusal - Return (Residence) Class BB Visa - subclause 155.212(4) - member of family unit - child over the age of 18 years - whether dependent child

FARAH, Aidrus Awil [2002] MRTA 2912 (27 May 2002)

CATCHWORDS: Visa refusal - subclass 309 - genuine relationship

DECISION: The Tribunal remits the application for a Spouse (Provisional) (Class UF) subclass 309 visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

FARAH, Abdigani Yousuf [2003] MRTA 8278 (4 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - health criterion - member of the family unit

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for further consideration with a direction that the visa applicant has submitted the documentation requested by the Department pursuant to clause 820.224(1) of Schedule 2

FANTU, Tsehainesh Beyne [2003] MRTA 8069 (28 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

* clause 309.211 of Schedule 2

FANG, Xiao Liang [2003] MRTA 1869 (26 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 115 - remaining relative

FANG, Kit Ngai [2003] MRTA 6337 (15 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

Fang, Guang Lin [2001] MRTA 4160 (12 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

FANG, Fang [2003] MRTA 6909 (13 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

FANG, Fang [2003] MRTA 6856 (8 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

FAN, Wen Xia [2003] MRTA 1670 (21 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 104 - remaining relative

DECISION: The Tribunal remits the applications made by the visa applicants for a Preferential Relative (Migrant)(Class AY) visas to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 104 (Preferential Family) visa:

FAN, Suhu Xian [2003] MRTA 5469 (30 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

FAN, Liang Zhi [2003] MRTA 4331 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - usual occupation - Cook - assessed score - points test

DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

FALCON HOME IMPROVEMENTS PTY LTD [2002] MRTA 1340 (12 March 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

DECISION: The Tribunal affirms the decision under review, finding that the review applicant does not meet the criteria for approval as a standard business sponsor.

Faki, Yildiz [2001] MRTA 2473 (6 June 2001)

CATCHWORDS: Visa refusal - subclass 300 - genuine relationship

DECISION: The Tribunal affirms the decision under review to refuse the grant of a Prospective Marriage (Temporary)(Class TO) visa, subclass 300 to the visa applicant.

Fakch, Ahmad Ayman [2000] MRTA 2827 (12 September 2000)

CATCHWORDS: Visa refusal - subclass 820/801 - Spouse - failure to hold substantive visa - compelling reasons

DECISION: The Tribunal affirms the decision under review to refuse a General (Residence) (Class AS) visa, subclass 801 (spouse) and an Extended Eligibility (Temporary) (Class TK) visa, subclass 820 (spouse) to the Visa Applicant.

FAKATAVA, Taufa [2003] MRTA 5465 (30 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - nomination withdrawn

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Temporary) (Class UK)visa

Fajta, Susan [2001] MRTA 0693 (26 February 2001)

CATCHWORDS: Review of visa refusal - Subclass 105 - points test - Fashion Designer - s350 - s 353 -ASCO first edition

CATCHWORDS: Review of visa refusal - Subclass 105 - points test - Fashion Designer - s350 - s 353 -ASCO first edition

Fajri, Hoda [2000] MRTA 719 (28 March 2000)

CATCHWORDS 309 Visa refusal; genuine and continuing; Regulation 1.15A; definition of spouse

DECISION: On 28 March 2000 The Tribunal gave an oral decision to remit the application to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the Visa Applicant meets all the criteria for the grant of a Spouse (Provisional) Class UF, Subclass 309, subject to those mandatory conditions and consideration of public interest criteria which the Tribunal has not considered.

FAITH HAIR AND SKIN CARE [2003] MRTA 4037 (18 June 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - hairdressing salon - sole trader - contribution to the Australian economy - new or improved technology or training record - ability to comply with undertakings

DECISION: The Tribunal affirms the decision under review, finding that the review applicant does not meet the criteria for approval as a standard business sponsor.

FAIRWEATHER, Paul John [2003] MRTA 1713 (24 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Temporary) (Class UK)visa

FAIRBROTHER, Michelle [2003] MRTA 8198 (3 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 115 - remaining relative

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Other Family (Migrant)(Class BO) subclass 115 (Remaining Relative) visa.

FAHY, Anupam [2002] MRTA 7552 (19 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

FAGGIANI, Linda [2003] MRTA 530 (5 February 2003)

CATCHWORDS: Review of visa refusals - Subclass 105 - Clause 105.222 Usual Occupation - Fitter - Clause 105.224 - "Occupations Requiring English" - Proficiency in English

DECISION: The Tribunal remits the applications made by the visa applicants for Skilled - Australian Linked (Migrant) (Class AJ) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant has achieved the relevant pool mark pursuant to an assessment carried out under Subdivision B of Division 3 of part 2 of the Act and with the direction that the primary visa applicant satisfies clause 105.224 of Schedule 2 to the Regulations.

FAGGIANI, Amanda [2003] MRTA 1394 (10 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - member of family unit - dependent child

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Temporary Business Entry (Class UC) visa.

Fados, Juray Duro [2000] MRTA 1083 (4 May 2000)

DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural Affairs for reconsideration of public interest criteria with a direction that the Visa Applicant otherwise meets all the criteria for the grant of a Spouse (Migrant)(Class BC) visa, subclass 100.

CATCHWORDS: Spouse - genuine and continuing relationship

Fadli, Elaine [2000] MRTA 2166 (26 July 2000)

CATCHWORDS: Review of visa refusal - Subclass 309 - Regulation 1.15A - genuine continuing relationship

DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the Visa Applicant meets all the criteria for the grant of a Spouse (Provisional) Class UF, Subclass 309 visa, subject to those mandatory conditions and consideration of public interest criteria which the Tribunal has not considered

Fadil, Hassan [2001] MRTA 4393 (25 September 2001)

CATCHWORDS: Partner (Temporary) visa - expiry of earlier visa -persons illegally in Australia - legalisation of status - compelling circumstances

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant meets the requirements of criterion 3004 of Schedule 3 to the Regulations for the grant of a Partner (Temporary) (Class UK) visa, subclass 820.

Fadal, Mohammed [2001] MRTA 3776 (17 August 2001

CATCHWORDS: Review of visa refusal - Subclass 309 - spouse - Regulation 1.15A - genuine and continuing relationship



DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa, Subclass 309 (Spouse (Provisional)), to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant is taken to satisfy the criteria for such a visa set out in clauses 309.211 and 309.221 of Schedule 2 to the Migration regulations.

FACHRUDDIN, Firman [2000] MRTA 4193 (17 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - (Independent Executive) - Item 1223A -onshore application - validity of application

DECISION: The Tribunal sets aside the decision under review and substitutes a new decision that the visa application was not a valid application.

FACEY, Julian Andrew [2002] MRTA 2411 (1 May 2002)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - "usual occupation" - Legal Officer - ASCO 2521-79 DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criterion for a Subclass 105 visa:

FABRIS, Gianluca [2002] MRTA 6802 (20 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 835 - remaining relative

Fabre, Jacques Sylvio [2001] MRTA 2725 (20 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - carer - regulation 1.15 - remaining relative

DECISION: The Tribunal remits the application made by the visa applicant for a subclass 806 Family visa to the Department of Immigration and Multicultural Affairs for reconsideration, with the direction that the visa applicant meets the criteria under Regulation 1.15(a)(i), (b)(i), (c) - Remaining relative'

FABI, Marco [2003] MRTA 6176 (4 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme)

ENKHTUL, Dejid [2003] MRTA 3676 (6 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 802 (Child) -

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Residence) (Class BT) visa, subclass 802.

Engelhardt, Maria [2001] MRTA 1877 (7 May 2001)

CATCHWORDS: Review of visa refusal - subclass 105 - qualifying score - skill assessment - whether spouse can be joined to visa application after primary decision

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Skilled Australian Linked (Class AJ) subclass 105 visa or the grant of a Regional Linked (Class AJ) subclass 106 visa.

ENGARCIA, Isabelita [2004] MRTA 893 (16 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 138 (Skilled - Australian-sponsored)

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Skilled - Australian-sponsored (Migrant) (Class BQ) visa.

ENG, Hai Ing [2002] MRTA 5471 (23 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 104 - remaining relative

DECISION: The Tribunal remits the applications made by the visa applicants for Preferential Relative (Migrant) (Class AY) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 104 visa:

ENG, Chhour [2003] MRTA 2079 (3 April 2003)

CATCHWORDS: Preferential Relative (Migrant) (Class AY)visa, subclass 104 (Remaining Relative)

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant meets the requirements of regulations 104.211 and 104.221 for the grant of a Preferential Relative (Migrant) (Class AY) visa, subclass 104 (Remaining Relative).

Endo, Kuniyo [2000] MRTA 1857 (29 June 2000)

CATCHWORDS: Review of visa refusal - Subclass 845 - Established Business in Australia - goodwill

DECISION: The Tribunal remits the application made by the visa applicant for a Business Skills (Residence) (Class BH) (Subclass 845) visa to the Department of Immigration and Multicultural Affairs, for reconsideration, with the direction that the visa applicant meets clause 845.215 of Schedule 2.

ENCARNACION, Myrna [2003] MRTA 1052 (25 February 2003)

CATCHWORDS: Review of visa refusal - subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

EN, Aun Touch [2002] MRTA 5734 (30 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - genuine relationship

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

Emma Sacabin [2004] MRTA 7637 (15 December 2004)

CATCHWORDS: Review of visa refusal - Subclass 101 (Child)

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Migrant) (Class AH) visa.

Emma Maria Treacy [2004] MRTA 7776 (31 December 2004)

CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme

DECISION: The Tribunal remits the applications made by the visa applicants for Employer Nomination (Residence) (Class BW) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a subclass 856 (Employer Nomination Scheme) visa:

Emiterio, Alfonso [2001] MRTA 3258 (18 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Family (Residence)(Class AO).

EMINOGLU, Cuneyt [2002] MRTA 6763 (20 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Temporary Business Entry (Class UC) visa.

Emini, Blerim [2000] MRTA 2872 (13 September 2000)

CATCHWORDS: Spouse - genuine relationship

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration of the public interest criteria, with a direction that the visa applicant otherwise satisfies all the criteria for the grant of a Spouse (Provisional)(Class UF) visa, subclass 309.

Emilio BONGIORNO [2005] MRTA 119 (25 February 2005)

CATCHWORDS: Review of visa refusals � Subclasses 105 and 106 � �usual occupation� � Stonemason

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Skilled � Australian Linked (Migrant) (Class AJ) visas.

EMANUEL, Bernard John [2003] MRTA 5926 (25 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - public interest criteria - health and character checks

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration. The visa applicant had provided further evidence requested by the Department.

Eman Dalil ESHO [2004] MRTA 7545 (15 November 2004)

CATCHWORDS: Partner (Residence) (Class BS) visa, subclass 801 - genuine relationship

DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant meets the requirements of regulation 801.221(2) for the grant of a Partner (Residence) (Class BS) visa.

Eman Dalil ESHO [2004] MRTA 7545 (15 November 2004)

CATCHWORDS: Partner (Residence) (Class BS) visa, subclass 801 - genuine relationship

DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant meets the requirements of regulation 801.221(2) for the grant of a Partner (Residence) (Class BS) visa.

Emad BESHAI [2004] MRTA 7662 (23 December 2004)

CATCHWORDS: Review of visa refusal - Subclass 845 Business Skills (Residence) (Class BH) visa- main business � ownership interest - clause 845.222 - item 7170 of Schedule 7 - points test - three full-time employees (or a number of part-time employees working an equivalent number of hours) � whether building subcontractors are employees of the business

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Business Skills (Residence) (Class BH) visas.

ELWELL, Trevor [2002] MRTA 1022 (26 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 103 - parent - balance of family test

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Parent (Migrant) (Class AX) visa, subclass 103.

Elvitigalage Don, Sisira [2002] MRTA 226 (14 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship - withdrawal of nomination

DECISION: The Tribunal remits the application made by the visa applicant for an Extended Eligibility (Temporary) (Class TK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant satisfies the following criteria for a Subclass 820 (Spouse) visa:

ELSENIQUE, Zoraida [2002] MRTA 7598 (19 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

ELSENIQUE, Teodolfo [2003] MRTA 3606 (5 June 2003)

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Procedures Analyst - general points test - qualifying score - Occupations Requiring English list - vocational English.

ELSBERGER, Heinz [2003] MRTA 2232 (14 April 2003)

ATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

ELRIFAI, Ammar [2002] MRTA 1300 (11 March 2002)

CATCHWORDS: Review of visa refusal - Subclass 100(Spouse) -does not meet 100.221

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

Elphick, Roger [2000] MRTA 1741 (26 June 2000)

CATCHWORDS: Review of visa refusals - Subclass 309 - Marriage in Australia followed by offshore spouse application - Whether genuine commitment to marriage - Whether genuine and continuing relationship - Whether children dependent

ELOUARDI, Naima [2002] MRTA 6001 (15 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

ELOSS, Ghassan [2003] MRTA 110 (8 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - whether genuine DECISION: The Tribunal remits the application under review, finding that the visa applicant meets the following criteria for the grant of a Prospective Marriage (Temporary) (Class TO) visa:

ELMI, Hassan Ahmed [2004] MRTA 864 (16 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

ELMESHAD, Mohamad Mahmoud Abd Elaal [2003] MRTA 4529 (30 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 845.213 - ownership interest in a nominated main business for 18 months preceding application

Elmazovski, Zani [2000] MRTA 1830 (28 June 2000)

CATCHWORDS: Spouse-genuine relationship

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration of the public interest criteria with a direction that the visa applicant otherwise satisfies the requirements for the grant of a Spouse (Provisional)(Class UF) visa, subclass 309.

Elmazovski, Nazar [2000] MRTA 629 (20 March 2000)

DECISION: The Tribunal affirms the decision under review to refuse the grant of a General (Residence)(Class AS) visa, subclass 801 to the Visa Applicant.

CATCHWORDS: Spouse - genuine marriage

ELMAZOVSKI, Medi [2002] MRTA 6860 (22 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

Migration Review Tribunal

CATCHWORDS: Review of visa refusal - Subclass 100 - spouse - withdrawal of nomination

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

ELMAZI, Bekim [2003] MRTA 782 (12 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa

Elman, Mr Yehoshua [2000] MRTA 3763 (24 November 2000)

CATCHWORDS: Review of visa refusal - Subclass 805 - Business

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the Minister). Yehoshua ELMAN (the visa applicant), a national of Israel born on 23 March 1956, applied for a General Residence (Class AS) Subclass 805 visa on 30 June 1999. His wife Rina Elman born on 27 April 1958 and his children Sivan Elman born on 5 June 1985, Mishel Elman born on 12 January 1980 and Ortal Elman born on 31 July 1978 were included in his application for the Subclass 805 visa and are the secondary applicants. The delegate's decision to refuse to grant the visa was made on 15 September 1999 at the Department of Immigration and Multicultural Affairs (the Department).

Elman, Larissa [2001] MRTA 6220 (24 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

DECISION: The Tribunal remits the application made by the visa applicant for a Short Stay (Visitor) (Class TR) visa to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

ELMALCH, Elvira [2003] MRTA 4141 (23 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a Subclass 309 (Spouse (Provisional)) visa:

Ellul, Virginia [2004] MRTA 6945 (4 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 101 (Child) - Dependent child

DECISION: The Tribunal remits the application made by the visa applicant for a Child (Migrant) (Class AH) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 101 (Child) visa:

ELLIS, Audrey Josephine [2003] MRTA 6888 (10 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 806- remaining relative - overseas near relative - siblings who are Australian permanent residents - whether siblings are usually resident in Australia - contact with an overseas near relative within a reasonable period before making the application

ELLIOT, Hans Kruger [2002] MRTA 5895 (9 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - Secondary criteria

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Temporary) (Class UK) visa.

Elliot, Bruce Raymond [2001] MRTA 5391 (15 November 2001)

CATCHWORDS: Review of visa refusal - subclass 309 - genuine relationship

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant satisfies clauses 309.211 and 309.221, of Schedule 2 to the Migration Regulations 1994 in relation to an application for a Spouse (Provisional)(Class UF) visa, subclass 309.

ELLIGET, Christopher Joseph [2003] MRTA 2099 (4 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 visa:

ELLAZAR, Francisco [2003] MRTA 5793 (18 August 2003)

CATCHWORDS: Review of visa refusals - Subclass 115 - definition of spouseDECISION: The Tribunal remits the applications made by the visa applicants for Other Family (Migrant) (Class BO) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 115 (Remaining Relative) visa:

ELISS, Ziad [2002] MRTA 3189 (5 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 100 (Spouse) - extended separation - insufficient evidence of spousal relationship.

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa

Elias, John [2001] MRTA 2306 (30 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor - Lebanon

Elias, Hadi Hanna [2001] MRTA 0976 (14 March 2001)

CATCHWORDS: Review of visa refusal - Subclass 805 - employer nomination Migration Review Tribunal
[Index] [Search] [Download] [Help]
-----------------------------------------------------------------
---------------

Elias, Hadi Hanna [2001] MRTA 0976 (14 March 2001)
Last Updated: 15 May 2001

[2001] MRTA 976

CATCHWORDS: Review of visa refusal - Subclass 805 - employer nomination

VISA APPLICANT: Hadi Hanna Elias

TRIBUNAL: Migration Review Tribunal

PRESIDING MEMBER: Paul Wakim

MRT FILE NUMBER: N99/01097

DIMA FILE NUMBER: V98/100431

DATE OF DECISION: 14 March 2001

AT: Sydney

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a General (Residence) (Class AS) visa.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate). Mr Hadi Hanna Elias (the visa applicant), a national of Lebanon, born on 19 October 1951, applied for a General (Residence)(Class AS) visa on 22 October 1997 (D1, f.15). The delegate's decision to refuse to grant the visa was made on 2 June 1998 (D1, f.61). A review officer affirmed the delegate's decision on 27 March 1999 (D1, f.82).

JURISDICTION AND STANDING

2. The visa applicant lodged an application for review with the Immigration Review Tribunal on 21 April 1999 (T1, f.7). This became an application for review to the Migration Review Tribunal on 1 June 1999 by way of a transitional provision in the Migration Legislation Amendment Act (No.1) 1998. The decision is reviewable by the Tribunal and the application for review has been properly made by a person with standing to apply for review.

LEGISLATION AND POLICY

3. The Migration Act 1958 (the Act) and the various regulations made under that Act, principally the Migration Regulations 1994 (the Regulations), provide for different classes of visas, and the criteria for the grant of visas. In reaching a decision, the Tribunal is bound by the Act, the various regulations and written directions issued by the Minister under section 499 of the Act. Some matters may be the subject of Departmental policy, as found in publications such as the Procedures Advice Manual 3 (PAM3) and the Migration Series Instructions (MSIs), produced by the Department of Immigration and Multicultural Affairs (DIMA). The Tribunal is required to have regard to policy and apply it unless there are cogent reasons for departing from policy.

4. The Tribunal has the power to affirm, vary or set aside a decision to refuse to grant a visa. It also has the power to remit an application for a visa. Such a remittal may be accompanied by directions that a visa applicant meets one or more of the criteria for a visa. It is then a matter for the Minister or a delegate to consider any remaining criteria. A review by the Tribunal is generally limited to a consideration of whether a visa applicant meets one or more essential criteria, with the application remitted or the decision affirmed on that basis.

5. The legislation, Departmental policy and other materials that are immediately relevant to this review are:

Legislation:

Item 1119 of Schedule 1 to the Regulations

Part 805 of Schedule 2 to the Regulations

Departmental Policy:

Procedures Advice Manual 3 - Schedule 2- Skilled- Visa 805

Cases:

Nil

6. The Tribunal generally has regard to the regulations as the regulations stood at the time of a visa application. However, subsequent amendments may apply in some circumstances.

7. The Subclass 805 (Skilled) visa was removed on 1 November 1999. The relevant transitional provision provides that the Migration Regulations 1994 as in force immediately before 1 November 1999 continue to apply to applications for Subclass 805 (Skilled) visas. This means that applications not finally determined prior to 1 November 1999 are still considered against the criteria in force at the date of the application.

EVIDENCE

8. The Tribunal has the following documents:

T1 - MRT case file N99/01097,folio numbered 1-79.

D1 - DIMA file V98/100431, folio numbered 1-82.

9. The visa applicant entered Australia on a Close Family Visitor (Short Stay) visa on 16 August 1994. The visa applicant extended his stay in Australia and on 25 November 1996 was granted a Temporary Business Entry (Class UC) visa (Subclass 457) valid to 23 October 1997. He has since held a bridging visa granted on the basis of the application for a visa the subject of this review.

10. The visa application was made on 22 October 1997. The delegate stated that the visa was not granted on the basis that clause 805.212 was not met (D1, f. 61). The visa applicant made no claims when lodging the application for review (T1, f.6).

11. The visa applicant has admitted in writing on two occasions that he had been working prior to his grant of his Temporary Entry Visa whilst he was on his Close Family Visitor (Short Stay) visa. The fact that he commenced to work in contravention of his initial visa is a clear indication that he intended at all times to attempt to mislead DIMA and seek permanent residence in Australia by indirect means.

12. At the time the visa application was lodged, Class AS contained the following subclasses: Subclass 801 (Spouse), Subclass 804 (Aged parent), Subclass 805 (Skilled), Subclass 806 (Family), Subclass 814 (Interdependency), and Subclass 832 (Close ties). The only subclass in respect of which any claims have been advanced is Subclass 805. There is no evidence to suggest that the visa applicant meets key criteria for any of the other subclasses.

13. A Subclass 805 (Skilled) visa can be obtained on a number of grounds. The visa applicant indicated two grounds for the visa application and does not appear to meet key criteria for the other grounds. The first ground was on the basis of a Labour Agreement with Munch Nuts Pty Ltd (PR 3596502189040), which the Department had approved on 26 November 1996 with a validity of 12 months (D1, f.80). However, Munch Nuts Pty Ltd did not nominate the visa applicant under this Labour Agreement.

14. Instead, Munch Nuts Pty Ltd (the nominator) nominated the visa applicant in an employer nomination under the Employer Nomination Scheme (D1, f.41). The visa applicant must satisfy the criteria relating to a standard `employer nomination'. This includes criteria to be satisfied at time of application: holding one of the classes of visas described in clauses 805.212(2) to (5) with the relevant conditions, and then satisfying clause 805.213(3).

15. Clause 805.213(3) provides that (at time of application):

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has been nominated in accordance with subregulation 5.19(2) by an employer in respect of an appointment in the business of that employer; and

(b) the applicant is a highly skilled person within the meaning of regulation 5.19 in relation to that appointment; and

(c) unless the appointment is exceptional, the applicant:

(i) has not turned 45; and

(ii) has vocational English.

At time of application the visa applicant was nominated by Munch Nuts Pty Ltd in respect of an appointment of `Food Technologist (Honey Roasting)' in the business of the nominator (D1, f.41).

16. However, clause 805.222 provides that (at time of decision):

If the application is based on satisfaction of the criteria in subclause 805.213 (3) or (4):

(a) the appointment is an approved appointment under regulation 5.19; and

(b) the Minister is satisfied that the appointment will provide the employment referred to in the relevant employer nomination.

The Department rejected the nomination by letter dated 2 June 1998 (D1, f.50). Accordingly, the appointment of Food Technologist (Honey roasting) in Munch Nuts Pty Ltd is not an approved appointment under regulation 5.19.

17. The Principal Member Advice (PMA) 2/2000 provides an opinion that for applications for review of employer nominations decided by the Department before 1 July 1999 there is no right of Tribunal review in relation to regulation 5.19 issues. In particular, the Tribunal cannot review the regulation 5.19 issues as part of the visa review.

18. Accordingly, having regard to the evidence, the legislation and PMA 2/2000, the Tribunal makes the following findings:

* the visa applicant is not able to satisfy clause 805.213(2) in respect of a Labour Agreement as he was not nominated by Munch Nuts Pty Ltd for a permanent position under a Labour Agreement, and the visa applicant cannot satisfy clause 805.221,at the time of the Tribunal's decision as there is no approved appointment under a Labour Agreement.

* the visa applicant is not able to satisfy clause 805.222 at the time of the Tribunal's decision as there is no approved appointment under regulation 5.19.

19. The visa applicant was sent a letter on 17 August 2000 inviting the visa applicant to provide comments on information that the Tribunal considered would be the reason, or a part of the reason, for affirming the decision under review. On 14 September the visa applicant sought an extension of time to respond to the Tribunal's letter. The Tribunal advised that the requested extension was granted on 13 October 2000 with a request that he respond prior to January 2001 as it was likely that the hearing would take place in that month. On 20 October 2000 the visa applicant was advised that the hearing would be held on 23 January 2001 and on 7 November he returned to the Tribunal the request for hearing form with a request for a copy of his file. Several telephone calls between the visa applicant and Tribunal staff were exchanged and access to the file was granted to the visa applicant, under supervision, on 23 November 2000.

20. The visa applicant contacted Tribunal staff on 11 January 2001 and sought information about his case, in particular whether he could be granted a Subclass 805 visa on the basis of a new sponsorship.

21. The Tribunal staff responded verbally and then on 11 January 2001 wrote to the visa applicant and advised him of the fact that a new sponsorship was not going to assist his appeal and gave the reasons to him. In addition he was provided with a copy of the Tribunal's first examination of his case and a copy of Principal Member's Advice 2/2000.

22. The visa applicant wrote to the Tribunal on 18 January 2001, which has been accepted as his response to the Tribunal's letter of 17 August 2000.

23. 23. A hearing was to be held on 23 January 2001,however the visa applicant failed to attend and a half an hour after the scheduled hearing time the Arabic interpreter booked for the hearing was authorised to leave the Tribunal.

24. The visa applicant is not represented.

DECISION

25. The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a General (Residence) (Class AS) visa.

Elias, Bareaa [2001] MRTA 4328 (20 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business nomination not approved - further information provided - labour market testing undertaken - nomination approved.

ELHEN, Michael [2003] MRTA 1294 (5 March 2003)

CATCHWORDS: Review of visa refusals - Subclass 103 - balance of family

DECISION: The Tribunal remits the applications made by the visa applicants for Parent (Migrant) (Class AX) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

ELHAN, Yadigar [2002] MRTA 4894 (22 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 100 (Spouse) visa:

ELGAZZAR, Fawzi Abel [2000] MRTA 6390 (30 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - whether genuine and continuing spousal relationship

DECISION: The Tribunal affirms the decision under review, finding that the visa applicants are not entitled to the grant of Partner (Provisional) (Class UF) visas.

EL-KURDI, Zeyad Said Ragheb [2003] MRTA 4079 (27 May 2003)

CATCHWORDS: Eligibility - ineligible for review - failure to pay the review fee within a reasonable time

DECISION: The Tribunal has made a decision that the application for review of a Short Stay Sponsored (Visitor) (Class UL) visa was ineligible for the following reason(s):

Elefan, Maria Judith [2000] MRTA 1574 (14 June 2000)

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant has satisfied the Occupations Requiring English criteria, and has achieved the qualifying score pursuant to Subdivision B of Division 3 of Part 2 of the Migration Act 1958, in relation to a Skilled-Australian Linked (Migrant)(Class AJ) visa, subclass 105.

Eldroubi, Moussa [2001] MRTA 0635 (21 February 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

ELDRIDGE, Marivic [2003] MRTA 4461 (27 June 2003)

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that, at the relevant times, the visa applicant met the criterion as specified in clause 309.211 and also satisfied the criterion as specified in clause 309.221 of Schedule 2 of the Migration Regulations 1994.

ELAWAD, Moustafa Elsayed Mohamed [2003] MRTA 2461 (23 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 804 - balance of family

DECISION: The Tribunal remits the applications made by the visa applicants for Aged Parent (Residence) (Class BP) visas to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicants meet the following criteria for the grant of Subclass 804 (Aged parent) visas:

Elara, Matthew Agiluwa [2001] MRTA 1884 (7 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 421 visa - sport - sponsorship

ELAGUPILLAY, Chandrasegran [2003] MRTA 4243 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 845 - main business - ownership interest

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Business Skills (Residence) (Class BH) visas.

EL-TURK, Amira [2003] MRTA 2425 (23 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a Subclass 309 (Spouse (Provisional)) visa:

El-Sayed, Nadia Amine [2000] MRTA 3078 (27 September 2000)

CATCHWORDS: Spouse (Provisional) - genuine and continuing

DECISION: The Tribunal affirms the decision to the delegate to refuse the grant of a Spouse (Provisional) (Class UF) visa, subclass 309 to the visa applicant.

EL-SAYED, Mahmoud [2004] MRTA 1078 (23 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 100 (Spouse) visa:

EL-SAYED, Gamela [2003] MRTA 7118 (22 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

EL-SAYAH, Mayez Hussein [2003] MRTA 3667 (6 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - withdrawal of business sponsor - no approved business sponsor - subsequent approval of new business sponsor - approved business nominationDECISION: The Tribunal remits the application made by the visa applicant for a Temporary Business Entry (Class UC) visa to the Department of Immigration and Multicultural and Indigenous Affairs. There has been a subsequent decision to approve a person as a business sponsor, and in the circumstances, it is appropriate to remit the visa application to the Department.

EL-MAKDISSI, Alkan [2003] MRTA 4399 (26 June 2003)

CATCHWORDS: Review of visa refusal - subclass 801 - genuine relationship

EL-KURDI, Zeyad Said Ragheb [2003] MRTA 4079 (27 May 2003)

CATCHWORDS: Eligibility - ineligible for review - failure to pay the review fee within a reasonable time

DECISION: The Tribunal has made a decision that the application for review of a Short Stay Sponsored (Visitor) (Class UL) visa was ineligible for the following reason(s):

El-Khoury, Rafica [2001] MRTA 1826 (2 May 2001

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Family (Residence)(Class AO) visa.

EL-KHODR, Mohammad [2002] MRTA 2543 (8 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that, at the relevant times, the visa applicant met the criterion as specified in clause 309.211 and also satisfied the criterion as specified in clause 309.221 of Schedule 2 of the Migration Regulations 1994.

EL-KADI, Hadi Youssef [2002] MRTA 5302 (12 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 100 (Spouse) -

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

EL-JENDI, Abdallah Ahmad T [2003] MRTA 3059 (19 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 820 (Spouse) visa

EL-JACKSON, Vivian [2003] MRTA 7489 (5 November 2003)

CATCHWORDS: Partner (Provisional) (Class UF) visa, subclass 309 - genuine relationship DECISION: The Tribunal remits the application to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant meets the requirements of regulations 309.211 and 309.221 for the grant of a Partner (Provisional) (Class UF) visa, subclass 309 (Spouse).

El-Hennawy, Ahmed Hassan [2001] MRTA 4899 (24 October 2001)

CATCHWORDS: Visa refusal - Subclass 101- Genetic testing - probability of paternity 99.99994% - dependent child. DECISION: The Tribunal remits the application made by the visa applicant for a Child (Migrant) (Class AH) visa to the Department of Immigration and Multicultural Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

EL-HASSAN, Manal [2004] MRTA 1081 (25 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 100 visa:

EL-ETRI, Mohamad [2000] MRTA 4825 (21 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 858 - Whether Distinguished Talent

EL-ARAJI, Milad [2002] MRTA 2010 (15 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - Schedule 3 Criteria - Criteria 3002 DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Temporary Business Entry (Class UC) visa.

El Said, Nizar Mohamad [2000] MRTA 1633 (19 June 2000)

CATCHWORDS: Spouse - nomination withdrawn - domestic violence DECISION: The Tribunal affirms the decision under review to refuse the grant of a General (Residence) (Class AS) visa, subclass 801 to the visa applicant. [B]

EL TAHCHE, Lelian [2002] MRTA 6694 (18 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

EL SAYED, Mohamed [2003] MRTA 2646 (30 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 421 - sport

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Cultural/Social (Temporary) (Class TE) visa.

EL Sayed, Ahamad [2002] MRTA 3939 (1 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 421 - sport

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Cultural/Social (Temporary) (Class TE) visa.

El Said, Nizar Mohamad [2000] MRTA 1633 (19 June 2000)

CATCHWORDS: Spouse - nomination withdrawn - domestic violence DECISION: The Tribunal affirms the decision under review to refuse the grant of a General (Residence) (Class AS) visa, subclass 801 to the visa applicant.

El Remlaoui, Abdul Hafiz [2001] MRTA 1473 (11 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day

EL RACHID, Rafic Mohamad [2003] MRTA 8415 (12 December 2003)

CATCHWORDS: Review of visa refusal - Partner (Migrant) (Class BC)(Spouse) - Domestic Violence

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

El Omran, Khaled [2000] MRTA 711 (27 March 2000)

CATCHWORDS: Genuine relationship-regulation 1.15A DECISION: The Tribunal remits the decision refusing the grant of a subclass 801 and subclass 820 visa to the Department with the direction that the applicant meets the definition of spouse in Regulation 1.15A.

El Mobayed, Samira [2002] MRTA 499 (30 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 101

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Migrant)(Class AH) visa.

EL MIR, Maya [2003] MRTA 271 (22 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriageDECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

EL MELIGI, Mohamed Hassan [2002] MRTA 6301 (29 October 2002)

CATCHWORDS: Review of visa refusal - Bridging E visa - does not meet primary criteria

EL MASRI, Bassima [2003] MRTA 653 (3 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Provisional) (Class UF) visa.

EL MAHMOUD, Ahmad Mohamad [2002] MRTA 5995 (15 October 2002)

CATCHWORDS: Visa cancellation under section 116 - grounds for cancellation - cancellation - discretionary DECISION: The Tribunal affirms the decision under review to cancel the Prospective Marriage (Temporary) (Class TO) visa held by the review applicant.

El Khouri, George [1999] MRTA 887 (6 December 1999)

CATCHWORDS: visitor - long stay - little likelihood overstay.

DECISION: The Tribunal remits this matter for reconsideration in accordance with directions that the Visa Applicant satisfies the prescribed criteria for the grant of a Long Stay (Visitor)(Class TN) Subclass 686 Tourist (Long Stay) Visa with the exception of the public interest criteria 4001 to 4005.

El Kadmiri El Azizi, Mounier [2000] MRTA 2022 (14 July 2000)

CATCHWORDS: Visa refusal - subclass 820 - Spouse, nominator convicted under section 243(3).

DECISION: The Tribunal affirms the decision under review to refuse a General (Residence) (Class AS) visa, subclass 801 (spouse) and Extended Eligibility (Temporary) (Class TK) visa, subclass 820 (spouse) to the visa applicant.

EL JARI, Amira [2002] MRTA 2375 (30 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

EL HAYEK, Naime Nehme [2003] MRTA 3518 (4 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine and continuing relationship

Stenner, Elizaseth Lenore [2004] MRTA 6977 (23 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged parent) -

El Ess, Mustapha [2001] MRTA 2174 (24 May 2001)

CATCHWORDS: Visa refusal - subclass 806 - orphan relative - condition 8503 - invalid visa application

EL ESBER, Nala [2002] MRTA 2718 (17 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - whether genuine relationship

EL DRAIHI, Mohamad [2002] MRTA 4911 (27 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8101

EL DOEUR, Sam [2002] MRTA 5750 (30 September 2002)

CATCHWORDS: Review of visa refusal - subclass (Spouse) (820), de facto relationship, compelling and compassionate reasons, Schedule 3 criteria

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Temporary) (Class UK) visa, subclass 820 (spouse) and a Partner (Residence) (Class BS) visa, subclass 801.

EL DARWICH, Zakariya Yehya [2000] MRTA 5140 (2 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - nomination withdrawn

EL DARWICH, Ahmad [2002] MRTA 1075 (27 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

EL DANNAOUI, Nabil Mohamad [2003] MRTA 399 (29 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - holder of Subclass 300 visa - domestic violence

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a Subclass 820 (Spouse) visa:

El Daboussi, Bassam [2002] MRTA 173 (10 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - whether married - whether spouse relationship at date of application

DECISION: The Tribunal remits the application made by the visa applicant for an Extended Eligibility (Temporary) (Class TK) visa to the Department for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a Subclass 820 (Spouse) visa:

EL CHAMI, Mourad [2002] MRTA 5894 (9 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 103 - public interest criteria - 4005 - health criteria not met



DECISION: The Tribunal affirms the decision under review, finding that the visa applicants are not entitled to the grant of Parent (Migrant) (Class AX) visas

EL CHAMI, Ivette Moussa [2003] MRTA 2813 (7 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged Parent) - definition of aged parent - regulation 1.03

EL CHAAR, Ghazi [2000] MRTA 2361 (30 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 802 (Child) - no nomination

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Residence) (Class BT) visa

EL AYOUBI, Lina [2003] MRTA 4391 (26 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 100 (Spouse) visa:

El Ayoub, Ghada [2001] MRTA 5201 (7 November 2001)

CATCHWORDS: Review of visa refusal - subclass 309

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa, subclass 309 to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

El Asmar, Mahmoud Khalid [2002] MRTA 108 (7 January 2002)

CATCHWORDS: Visa refusal - subclass 428 - Religious Worker - no sponsor.

DECISION: The Tribunal affirms the decision under review finding that the visa applicants are not entitled to the grant of a Temporary Residence (Cultural/Social) visa subclass 428 - Religious Worker.

EL AMAM, Ahmed Loufty [2003] MRTA 2361 (22 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of an Extended Eligibility (Temporary) (Class TK) visa and a General (Residence) (Class AS) visa.

El Akde, Bilal [2000] MRTA 850 (12 April 2000)

DECISION: The Tribunal affirms the decision under review to cancel the applicant's Subclass 300 Prospective Marriage (Temporary) visa

1. Mr Bilal el Akde (the applicant) is a citizen of Lebanon born on 23 March 1972. The Applicant arrived in Australia on 14 December 1998 as the holder of a Class TO, Subclass 300 Prospective Marriage (Temporary) visa. This visa was granted on 16 November 1998 and was cancelled on 6 July 1999. It was alleged that the circumstances that permitted the grant of the visa no longer existed.

EL ACHRAFI, Badrie Mahmoud [2002] MRTA 6031 (16 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged parent) - DECISION: The Tribunal remits the application made by the visa applicant for a Family (Residence) (Class AO) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 804 (Aged parent) visa:

Ekubay, Roman Hailemichael [2002] MRTA 942 (22 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - arranged marriage - breakdown of relationship - relevant domestic violence

DECISION: The Tribunal remits the application made by the visa applicant for an Extended Eligibility (Temporary) (Class TK), Subclass 820 visa to the Department, for reconsideration with the direction that the visa applicant is to be taken to have met the criteria for a Subclass 820 visa in that she satisfies the domestic violence provisions in clause 820.221(3).

Ekua Ohenewah [2005] MRTA 95 (31 January 2005)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

Eksiry, Azim [2000] MRTA 3653 (16 November 2000)

CATCHWORDS: Subclass 309 - genuine marriage

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant satisfies clauses 309.211and 309.221 of Schedule 2 to the Migration Regulations 1994 in relation to the application for a Spouse (Provisional)(Class UF) visa, subclass 309.

Ekmek San Pty Ltd [2001] MRTA 5254 (9 November 2001)

CATCHWORDS: Visa refusal - subclass 457 - Australian business - business sponsorship not approved - further information provided.

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate) on an application for approval as a standard business sponsor lodged by an Australian company namely EKMEK SAN Pty Ltd (the review applicant) (D1 f.40). The delegate's decision to refuse the the sponsorship was made on 14 November 2000. The review applicant applied for review to the Tribunal on 11 December 2000.

Ekeocha, Kristen Heather [2001] MRTA 2188 (25 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 100 - Health criteria - clause 4007

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate). Mr Ekeocha (the visa applicant), a national of Great Britain, born on 27 August 1968, applied for a Spouse Subclass 100 (Class BC) visa on 14 May 1996. The delegate's decision to refuse to grant the visa was made on 3 February 1998.

JURISDICTION AND STANDING

2. Mrs Kristen Heather EKEOCHA (the review applicant), the Australian citizen spouse and sponsor of the visa applicant lodged an application for review with the Migration Internal Review Office (MIRO) on 5 April 1998. This became an application for review to the Migration Review Tribunal on 1 June 1999 by way of a transitional provision in the Migration Legislation Amendment Act (No.1) 1998. The decision is reviewable by the Tribunal and the application for internal review was properly made by a person with standing to apply for review.

EKEH, Samuel [2002] MRTA 2118 (22 April 2002)

CATCHWORDS: Review of visa refusal - Subclass (Spouse)(801)

1. This is an application for review of a decision made by a delegate of the then Minister for Immigration and Multicultural Affairs (the delegate). Samuel EKEH (the visa applicant), a national of Nigeria, born on 22 September 1960, applied for a General (Residence) (Class AS) visa on 4 September 1998. The delegate's decision to refuse to grant the visa was made on 13 August 2001

Eizoguirre, Peter [2001] MRTA 2393 (31 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 300 visa

Clause 300.216 - genuine intention to marry within the visa period
DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

EISSA, Mona Amin [2004] MRTA 597 (4 February 2004)

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

Eini, Ezra [2001] MRTA 3262 (18 July 2001)

CATCHWORDS: Genuine spousal relationship - domestic violence - Schedule 3 waiver

Eini, Ezra [2001] MRTA 3262 (18 July 2001)

CATCHWORDS: Genuine spousal relationship - domestic violence - Schedule 3 waiver

Eieyeh, Eriemenia [2000] MRTA 3543 (8 November 2000)

CATCHWORDS: Visa refusal - Subclass 860 - whether nominator Australian citizen or permanent resident.

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate). Ms Eriemenia Eieyeh (the 'visa applicant'), a national of Burma born on 3 June 1964 applied for a Family (Residence) (Class AO), Subclass 806 visa on 13 May 1998. Ms Eieyeh's son, Albert Noel Myaing, born in Burma on 10 January 1992, was included in the application as a secondary applicant. The delegate's decision to refuse to grant the visas was made on 17 March 1999.

EID, Michael Andraos [2003] MRTA 6688 (30 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 685 (Medical Treatment (Long Stay))

Eid, Abdul Latif [2000] MRTA 917 (17 April 2000)

CATCHWORDS: Retirement - resources available for transfer to Australia.

EHRET, Nathalie [2002] MRTA 4384 (29 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that, at the relevant times, the visa applicant satisfied the criterion as specified in subclause 820.211(1) and also satisfied the criterion as specified in subclause 820.221(1) of Schedule 2 of the Migration Regulations 1994.

EHLERS, Daniel Matthew [2003] MRTA 6450 (23 September 2003)

CATCHWORDS : Visa refusal - Subclass 309 -Regulation 1.15A - genuine continuing relationship

EGITMENOGLU, Nursen [2002] MRTA 4044 (8 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

EGBERIME, Solomon [2002] MRTA 3691 (25 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 858 (Distinguished Talent) - subclause 858.212(3)

Egay's Automotive Repair Centre [2000] MRTA 2858 (13 September 2000)

CATCHWORDS: Business Sponsorship refusal - Regulations 1.20C and 1.20D

Efes Bakery [2004] MRTA 987 (17 February 2004)

CATCHWORDS : Employer Nomination rejection � Regulation 5.19

APPLICATION FOR REVIEW

1. This is an application for review lodged on 24 April 2002by Efes Bakery (BN 09197760) (�the Nominator�). It seeks review of a decision made on 22 March 2002 (�primary decision�) by a delegate of the Minister for Immigration, Multicultural and Indigenous Affairs (�the Minister�) refusing an Employer Nomination for a Permanent Appointment (�the Nomination�) (form 785). The Nomination was lodged by the Nominator with the Department of Immigration, Multicultural and Indigenous Affairs (�the Department�) in Perth on 13 August 2001.
2. The Nomination seeks the approval of a nominated position as an �approved appointment�. It nominated Mustafa Kalkanci (�Mr Kalkanci�), a forty-one year old Turkish national, for the position of �Head Baker�.
3. Mr Kalkanci�s Application for Employer Sponsored Migration to Australia, seeking a subclass 856 employer nomination scheme visa (�subclass 856 ENS visa�), was lodged with the Department on 15 October 2001. That application was refused on 22 March 2002, the same day that the Nomination was refused, because one of the criteria prescribed for the grant of a subclass 856 ENS visa is that the appointment be the subject of an �approved appointment�. Mr Kalkanci has applied for review of the decision to refuse him the subclass ENS visa.

EDWARDS, Steven [2002] MRTA 5388 (18 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

EDWARDS, Steven Maurice [2003] MRTA 4299 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 (Spouse) - genuine relationship

EDWARDS, Ronald Barry [2002] MRTA 5496 (23 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - whether parties genuinely intend to live together as spouses

EDWARDS, Alan [2002] MRTA 2005 (15 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 805 (Skilled) - approved employer nomination - deregistered employer -

Educational Information Institute of Australia [2001] MRTA 4578 (4 October

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - further information provided.

EDOUARD, Marjorie Marie Corinne [2003] MRTA 8277 (4 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 103 (Parent) - member of the family unit - dependent

Edmunds, Jean Kathleen [2001] MRTA 2012 (17 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Ediru, Omavuaye Marvin [2000] MRTA 2299 (4 August 2000)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E

Eddie Cheuk Kit Ng [2005] MRTA 178 (18 February 2005)



CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

Edani, Akiko [2001] MRTA 4502 (2 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 801 -

DECISION: The Tribunal remits the application made by the visa applicant for a General Residence (Class AS) visa to the Department, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a Subclass 801 (Spouse) visa:

ECONOMY DISTRIBUTORS [2003] MRTA 5817 (19 August 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - training.

Eckert, Erlinda Dimasin [2001] MRTA 4559 (3 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 waiver - compelling reasons - genuine relationship

Echeverria, Marco [2001] MRTA 3689 (14 August 2001)

CATCHWORDS: Skilled (Australian Linked) visa - usual occupation - Storeperson

Ebrahmian, George [2001] MRTA 4169 (12 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship approved - skills to perform the activity

Ebrahimi, Ahmad Pasha [2002] MRTA 853 (19 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine and continuing relationship - fourth marriage - remarriage to second wife by proxy

EATON, Roshni Muniamma [2003] MRTA 2881 (12 May 2003)

CATCHWORDS: Other Family (Migrant) (Class BO) visa, subclass 115 - Remaining Relative - Overseas near relatives

EATON, John Paul [2003] MRTA 797 (12 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

East Street Upholstery Pty Ltd [2003] MRTA 2393 (23 April 2003)

CATCHWORDS: Review of business nomination rejection - temporary business entry scheme - nominated position not a gazetted occupation.

EAST COAST CHURCH INTERNATIONAL [2003] MRTA 8004 (26 November 2003)

CATCHWORDS: Review of nomination by employer in the employer nomination scheme

Ear, Vuoch Meng [2000] MRTA 1207 (18 May 2000)

CATCHWORDS: Spouse - genuine relationship

EAR, Kim [2002] MRTA 1042 (27 February 2002)

CATCHWORDS: Remaining relative - subclass 104 - overseas near relatives - dependent child

Eang, Kheng [2001] MRTA 2570 (13 June 2001)

CATCHWORDS: Visa refusal - spouse - genuine and continuing relationship

Eang, Kheng [2000] MRTA 919 (17 April 2000)

CATCHWORDS: De-facto spouse, genuine and continuing relationship

EAM, Heng Ut [2003] MRTA 5788 (18 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

E-Hub Ausko P/L [2004] MRTA 550 (2 February 2004)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

E SILVA, Doralice De Oliveira [2003] MRTA 5510 (4 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DAOUD, Amal [2003] MRTA 4264 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

Dao, Xuan Hong [2000] MRTA 659 (22 March 2000)

CATCHWORDS: Spouse- genuine relationship

DAO, Van Tai [2003] MRTA 8239 (5 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DAO, Thuy Dinh [2002] MRTA 3912 (28 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dao, Thu Thuy [2000] MRTA 2856 (13 September 2000)

CATCHWORDS: Review of visa refusal - Subclass 457 - Independent Executive- whether sufficient assets to conduct or establish the business

Dao, Thi Kim Yen [2001] MRTA 1380 (5 April 2001)

CATCHWORDS: visa refusal - remaining relative - overseas near relatives

DAO, Thi Chieu Oanh [2004] MRTA 1100 (25 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 100 � public interest criterion 4001

Dao, Son Thao [1999] MRTA 578 (1 November 1999)

CATCHWORDS: Cancellation, condition 8202, exercise of discretion

Dao, Sau Thi [2001] MRTA 3747 (16 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 300 - genuine intention to marry

Danyi, Istvan [2001] MRTA 0175 (16 January 2001)

CATCHWORDS: Usual occupation - bricklayer - points test - qualifying score

DANTE SMASH REPAIRS PTY LTD [2002] MRTA 3675 (24 June 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Dankwa, Nicholas Kissi [2001] MRTA 0421 (5 February 2001)

CATCHWORDS: Visa refusal - Subclass 101 - dependent child

DANKHA, Geliana [2002] MRTA 1331 (12 March 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - Usual occupation - Panel Beater - General Points Test - Qualifying score

DANILOVITCH, Vladimir [2003] MRTA 1934 (28 March 2003)

CATCHWORDS: Subclass 115 (Remaining Relative) - Restriction on Sponsor

Daniels, Marlene (Marjolaine) [1999] MRTA 655 (10 November 1999)

CATCHWORDS: Parent Visa- acceptable sponsorship

DANIELS, Jack [2003] MRTA 3295 (28 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANGERFIELD, Geoffrey Phillip [2003] MRTA 8122 (28 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANG-NGUYEN, Nhi Y [2004] MRTA 869 (16 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DANG, Vu Than [2003] MRTA 7954 (24 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Vi Nang [2000] MRTA 1954 (6 July 2000)

CATCHWORDS: Child over 18 years of age - wholly or substantially physically, financially or psychologically dependent

Dang, Vi Nang [2000] MRTA 1953 (6 July 2000)

CATCHWORDS: Dependent child under 18 years of age - whether wholly or substantially in the daily care and control of the sponsoring parent

Dang, Van Nhac [2001] MRTA 0447 (6 February 2001)

CATCHWORDS: Spouse (Prospective) - genuine intention to marry - spouse

Dang, Van Minh [2001] MRTA 1660 (23 April 2001)

CATCHWORDS: Visa refusal - remaining relative - existence of overseas near relatives

DANG, Van Khiem [2003] MRTA 5728 (13 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Van Dong [2001] MRTA 3843 (22 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - compelling reasons - further information provided - pregnancy.

Dang, Van Dong [2000] MRTA 3702 (21 November 2000)

CATCHWORDS: Spouse - failure to hold substantive visa - compelling reasons

DANG, Van Cuong [2003] MRTA 7274 (29 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - subsequently married - regulation 2.08E.

DANG, Van Bong [2003] MRTA 2797 (7 May 2003)

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

DANG, Thuy Thi Thanh [2004] MRTA 1578 (12 March 2004)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANG, Thieu Linh [2004] MRTA 6953 (25 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Thieu Anh [2001] MRTA 6254 (28 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine and continuing relationship

DANG, Thi [2002] MRTA 1014 (26 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANG, Thi Viet Quang [2003] MRTA 5030 (11 July 2003)

CATCHWORDS: Review of visa refusal - Spouse - Domestic Violence - genuine relationship

DANG, Thi Ngoc Tuyet [2002] MRTA 6079 (18 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANG, Thi Minh [2003] MRTA 791 (12 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Dang, Thi Kim [2001] MRTA 5168 (6 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 101 - adopted child - dependent child

DANG, Thi Coi [2003] MRTA 5105 (16 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DANG, Thi Canh [2002] MRTA 2256 (26 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 104 - Regulation 1.15 - remaining relative - overseas near relative

DANG, Thi Bich Huong [2002] MRTA 6540 (6 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship Migration Review Tribunal
[Index] [Search] [Download] [Help]
-----------------------------------------------------------------
---------------

DANG, Thi Bich Huong [2002] MRTA 6540 (6 November 2002)
Last Updated: 31 March 2003

[2002] MRTA 6540

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

REVIEW APPLICANT: Thi Bich Huong Dang

VISA APPLICANT: Van Tuan Le

TRIBUNAL: Migration Review Tribunal

PRESIDING MEMBER: Maritsa Eftimiou

MRT FILE NUMBER: N01/07594

DEPT FILE NUMBER: OSF2000/049237

DATE OF DECISION: 6 November 2002

AT: Sydney

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

* clause 309.211 of Schedule 2

* clause 309.221 of Schedule 2

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the then Minister for Immigration and Multicultural Affairs (the delegate) to refuse to grant a Partner (Provisional) (Class UF) visa. Mr Van Tuan Le (the visa applicant), a national of Vietnam, born on 14 May 1970, applied for a Partner (Provisional) (Class UF) visa on 16 October 2000. The delegate's decision to refuse to grant the visa was made on 6 November 2001.

JURISDICTION AND STANDING

2. Ms Thi Bich Huong Dang (the review applicant and the sponsor), the wife of the visa applicant, lodged a valid application for review with the Tribunal on 14 December 2001. The decision is reviewable by the Tribunal and the application for review has been properly made by a person with standing to apply for review.

LEGISLATION AND POLICY

3. The Migration Act 1958 (the Act) and the various Regulations made under that Act, principally the Migration Regulations 1994 (the Regulations), provide for different classes of visas, and the criteria for the grant of visas. In reaching a decision, the Tribunal is bound by the Act, the various Regulations and written directions issued by the Minister under section 499 of the Act. Some matters may be the subject of policy, as found in publications such as the Procedures Advice Manual 3 (PAM3) and the Migration Series Instructions (MSIs), produced by the Department of Immigration and Multicultural and Indigenous Affairs (the Department). The Tribunal is required to have regard to policy and apply it unless there are cogent reasons for departing from policy.

4. The Tribunal has the power to affirm, vary or set aside a decision to refuse to grant a visa. It also has the power to remit an application for a visa to the Department for reconsideration. Such a remittal may be accompanied by directions that a visa applicant meets one or more of the criteria for a visa. It is then a matter for the Minister or a delegate to consider any remaining criteria. A review by the Tribunal is generally limited to a consideration of whether a visa applicant meets one or more essential criteria, with the application remitted or the decision affirmed on that basis.

5. The criteria and policy immediately relevant to this review are:

Legislation:

Regulation 1.15A of the Regulations.

Regulation 1.20J of the Regulations.

Part 309 of Schedule 2 to the Regulations.

Policy:

Procedures Advice Manual 3: regulation 1.15A - Interpretation - Spouse

Procedures Advice Manual 3: Division 1.4B - Sponsorship and Nomination: Spouse, Prospective Spouse and Interdependency visas.

Procedures Advice Manual 3: Division 2.2 - Certain Applicants taken to have applied for Partner (Migrant)(Class BC) and Partner (Provisional)(Class UF) visa.

Cases:

Nassouh v Minister for Immigration and Multicultural Affairs [2000] FCA 788

Bretag v Minister for Immigration, Local Government and Ethnic Affairs (Unreported, Federal Court, Loughlin J, 29 November 1991)

6. The Tribunal generally has regard to the Regulations as they stood at the time of a visa application. However, subsequent amendments may apply in some circumstances.

EVIDENCE

7. The Tribunal has the following documents:

T1 - MRT case file N01/07594, folio numbered 1-168.

D1 - Departmental case file OSF2000/049237, partly folioed to 128.

8. The visa applicant was sponsored in connection with the visa application by Ms Thi Bich Huong Dang (the review applicant), an Australian citizen, who was born in Vietnam on 14 May 1970.

9. The visa applicant claims to have met the sponsor initially in 1988 when they attended then same school in Vietnam. They became friends and he attended the sponsor's wedding in June 1994. The sponsor then migrated to Australia. In 1997 the sponsor separated from her husband. She then returned to Vietnam in January 1998 and they met each other again. The sponsor remained in Vietnam until 21 April 1998 and their former friendship developed into a love relationship during this visit. After returning to Australia the sponsor obtained a divorce from her husband on 11 August 1998. The sponsor and the visa applicant decided to marry in August 1998. The sponsor returned to Vietnam and celebrated their engagement on 14 March 2000 and a wedding was held on 26 March 2000. The sponsor stayed with the visa applicant until 3 June 2000. The Department's movement records indicate that the sponsor was in Vietnam between 8 November 2001 and 12 March 2002 and that she became pregnant during this trip. The review applicant gave birth to a boy on 11 September 2002.

10. The evidence provided was submitted to the Department in support of the visa application:

* A copy of the sponsor's Australian citizenship certificate;

* Copies of the sponsor's Australian passport;

* A copy of a single status certificate for the sponsor issued by the registry of births, deaths and marriages;

* Certified copies of two documents in Vietnamese which are not accompanied with translation;

* A copy of a decree nisi of dissolution of marriage relating to the sponsor stating that she was divorced from her husband on 11 August 1998;

* A copy of the Vietnamese marriage certificate for the sponsor and the visa applicant dated 25 January 1999 accompanied with a certified translation;

* A copy of a household book relating to the visa applicant accompanied with a certified translation;

* A copy of the visa applicant's Vietnamese identity card accompanied with a certified translation;

* A legal record note issued by the Justice Department of Vietnam accompanied with a certified translation stating that the visa applicant has had no criminal records in Vietnam;

* A copy of the visa applicant's C.V. accompanied with a certified translation outlining his personal details, education and employment history;

* A copy of the sponsor's birth certificate accompanied with a certified translation;

* A copy of the visa applicant's birth certificate accompanied with a certified translation;

* A statutory declaration by the sponsor dated 3 October 2000 briefly outlining the background of her relationship with the visa applicant;

* A copy of the sponsor's benefit payment summary from Centrelink;

* Copies of telephone bills for Mr Sinh Van Hong for the period of September 2000 to July 2001 showing regular telephone calls to Vietnam;

* Certified copies of letters, cards and post marked envelopes from the visa applicant to the sponsor and vice versa;

* Several copies of photographs relating to the couple's engagement and wedding ceremonies and other occasions;

11. In arriving at his decision the delegate noted that the sponsor and the visa applicant had exchanged letters only for four months following the sponsor's return to Australia. The delegate therefore stated that she was not satisfied that the couple had maintained a genuine and continuing relationship together by means of an exchange of letters. The delegate also noted that the couple's evidence of telephone contact is from the account of Mr Sinh Van Hoang in Australia who is from the visa applicant's home-town of Hai Phong. The delegate was therefore not totally satisfied that this evidence represents a telephone contact between the sponsor and the visa applicant. The delegate therefore concluded that the visa was not granted as she was not satisfied that the applicant meets the requirements of clause 309.221 of the Migration Regulations.

12. The following evidence has been submitted to the Tribunal in support of the review application:

* The sponsor's medical records for the period of March/April 2002 indicating that she is pregnant;

* A copy of the visa applicant's statutory declaration dated 28 December 2001 accompanied with a certified translation stating that the sponsor has cohabited with the visa applicant at his house during her visit to Vietnam in 2000 and 2001;

* Certified copies of the sponsor's passport;

* Telephone bills in the name of Mr Sinh Van Hoang for the period of September 2000 to July 2001;

* Several Australian phone cards;

* Several photographs showing the couple's engagement and wedding ceremonies and at other occasions with family and friends;

* Several cards, letters and post marked envelopes from the visa applicant to the sponsor and vice versa;

* A submission to the Tribunal by the sponsor's representative;

* A certified copy of a medical certificate dated 14 May 2002 stating that the sponsor is 24 week pregnant and her expected date of confinement is 1 September 2002;

13. On 19 June 2002 the Tribunal advised the sponsor that her request for priority processing has been approved.

14. A hearing was held on 1 October 2002. The sponsor applicant and Ms Thi Mai Nguyen gave evidence. The Tribunal tried unsuccessfully to take evidence from the visa applicant in Vietnam.

15. The sponsor confirmed the history of the relationship with the visa applicant as set out elsewhere in this decision. The sponsor attended the hearing with her two week old baby who was born in Sydney on 11 September 2002.

16. The sponsor told the Tribunal that her relationship with her previous husband broke down because she found out that he had been having a long term affair and had had a child with another woman.

17. The sponsor told the Tribunal that she travelled to Vietnam in November 2001 and had planned to stay with the visa applicant until the Tribunal made a decision. In early January 2002 the sponsor realised she was pregnant. The sponsor returned to Australia in March 2002 on the advice of her solicitor who told her she needed to be in Australia for the birth of her child and for the review proceedings.

18. The sponsor gave the Tribunal detailed evidence regarding her contact by telephone and letters with the visa applicant.

19. The sponsor's friend Ms Thi Mai Nguyen gave evidence to the Tribunal. Ms Nguyen is an Australian citizen. Ms Nguyen gave evidence to the Tribunal that she is an Australian citizen. The sponsor resides with Ms Nguyen and Ms Nguyen is aware of the visa applicant and sponsor's relationship. Ms Ngyuen last spoke to the visa applicant after the birth of the baby whilst the sponsor was still in hospital. From her observations of the relationship Ms Ngyuen believes the relationship to be genuine and continuing.

FINDINGS

20. The Tribunal findings are based on the material in the Department and Tribunal files as well as the evidence given during the hearing.

21. At the time the visa application was lodged Partner (Provisional) (Class UF) contained the following subclasses: subclass 309 (Spouse or Partner) and subclass 310 (Interdependency (Provisional). The only subclass in respect of which any claims have been advanced is subclass 309. There is no evidence to suggest that the visa applicant meets the key criteria for a subclass 310 visa.

22. At the time of application the visa applicant was validly sponsored by Ms Thi Bich Huong Dang who is an Australian citizen.

23. Based on the information before the Tribunal, the sponsor arrived in Australia on a Subclass 100 Spouse visa on 6 July 1995. Given that she was sponsored more than 5 years ago she therefore satisfies the Regulation 1.20J of the Migration Act.

24. The visa applicant and the sponsor were married to each other in Vietnam on 26 March 2000 and their marriage certificate was issued on 26 April 2000. At the time of application the visa applicant and the sponsor were married to each other under a marriage that is recognised as valid for the purposes of the Act. At the time of decision they are still married to each other.

25. The Tribunal therefore must now consider whether the visa applicant was the `spouse' of the sponsor at the time of application and continues to be the `spouse' of the sponsor at the time of decision.

26. Regulation 1.15A contains the test to be applied to determine whether one person is the `spouse' of another person, whether in a married or a de facto relationship. In Nassouh v Minister for Immigration and Multicultural Affairs [2000] FCA 788 the Federal Court considered this provision of the Regulations. The Court held that subregulation 1.15A(3) set out mandatory considerations. Accordingly, the Tribunal, in forming an opinion whether a married relationship or de facto relationship exists must take into account the considerations set out in subregulation 1.15A(3). These considerations relate to all of the circumstances of the relationship including, in particular, the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and nature of the persons' commitment to each other.

27. Having regard to the considerations for a spousal relationship set out in regulation 1.15A at the time of application and at the time of decision, the evidence and issues are discussed under the following headings:

The financial aspects of the relationship

Whilst the couple do not have joint ownership of assets or presently share a bank account, this is understandable, given that they live in different countries. The sponsor gave evidence to the Tribunal that she has been employed in Australia in a laundry and she has used her savings to be able to travel to Vietnam to see her spouse. The Tribunal accepts the sponsor's evidence that the visa applicant works and he supported her when she visited him in Vietnam.

The nature of the household

There is limited evidence before the Tribunal of joint household arrangements, but this is understandable, as the visa applicant and the sponsor currently live in different countries. There is evidence before the Tribunal, which the Tribunal accepts that the sponsor has resided with the visa applicant in Vietnam during her visits. The sponsor visited Vietnam on 28 February 2000 and resided with the visa applicant in his home after their wedding on 26 March 2000 until the sponsor returned to Australia on 3 June 2000. The Tribunal is also satisfied that the sponsor resided with the visa applicant at his home between 8 November 2001 when she travelled to Vietnam and 12 March 2002 when she returned to Australia. The sponsor has provided evidence form the Vietnamese authorities that she resided with the visa applicant at his home during these visits to Vietnam.

The social aspects of the relationship

The Tribunal is satisfied that the couple hold themselves out as married to their family and friends. Ms Nguyen gave evidence to the Tribunal that the sponsor lives with her in Australia and she has spoken to the visa applicant on the telephone. Numerous photographs of the wedding ceremony and other occasions have been provided. The Tribunal accepts the couple's evidence that during the visa applicant's three visits to Vietnam they undertook joint social activities together.

The nature of the persons' commitment to each other:

The visa applicant and the sponsor have known each other as friends for many years. During the sponsor's visit to Vietnam in 1998 their relationship changed. After the sponsor returned to Australia they remained in contact by telephone and letters. The couple married in Vietnam on 26 March 2000. After their marriage the sponsor lived with the visa applicant until she returned to Australia on 3 June 2000. The sponsor also visited her husband in Vietnam between November 2001 and March 2002 and there is evidence that she has become pregnant during this trip. The sponsor has given evidence that is supported by her legal advisor that she would have remained in Vietnam except that her advisor suggested that she return to Australia. The sponsor gave birth to a son on 11 September 2002. The sponsor has provided the Tribunal with a birth certificate which lists the visa applicant as the child's father.

The visa applicant and the sponsor appear to have kept in contact mainly through letters and phone calls. The Tribunal has been provided with considerable evidence of this contact in the form of letters, telephone bills and telephone cards.

The Tribunal has been provided with more information than was available to the primary decision maker. The sponsor has provided the Tribunal with numerous letters and telephone bills that indicate that the visa applicant and the sponsor have remained in regular contact during all period of separation. Although the Tribunal was not able to hear evidence from the visa applicant in Vietnam, the Tribunal has placed considerable weight on the evidence of a birth certificate indicating that the visa applicant is the father of the sponsor's child who was born in Australia on 11 September 2002. The Tribunal has also placed considerable weight on the length of time the sponsor remained in Vietnam after her marriage to the visa applicant and also her subsequent trip to Vietnam in November 2001 and the length of time she lived with him on that occasion.

The Tribunal has considered all of the circumstances of the relationship. The Tribunal is satisfied that the visa applicant and the sponsor have a mutual commitment to a shared life as husband and wife to the exclusion of all others. The Tribunal is satisfied that they have a genuine and continuing relationship. The Tribunal is satisfied that the couple do not live separately and apart on a permanent basis.

The Tribunal finds that the requirements of regulation 1.15A are met both at the time of application and time of decision. The Tribunal finds that the visa applicant was the `spouse' of his sponsor at time of application and accordingly he meets clause 309.211. The visa applicant continues to meet clause 309.221 at time of decision.

28. Given these findings, the appropriate course is to remit the application for the visa to the Department to consider the remaining criteria for a subclass 309 visa. If the visa applicant is found to meet the remaining criteria, then the visa applicant is entitled to the grant of a subclass 309 visa.

DECISION

29. The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for the grant of a subclass 309 (Spouse (Provisional)) visa::

* clause 309.211 of Schedule 2

* clause 309.221 of Schedule 2

Dang, Thao [2002] MRTA 850 (19 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds

Dang, Thanh Van [2001] MRTA 5210 (7 November 2001)

CATCHWORDS: Review of visa refusals - Subclass 300

DANG, Thanh Tam Nguyen [2003] MRTA 5908 (22 August 2003

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Thanh Cong [2001] MRTA 2561 (13 June 2001)

CATCHWORDS: Review of visa refusal - subclass 309 - genuine marriage.

Dang, Tam Minh [2002] MRTA 603 (4 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - remaining relative

DANG, Ri Do [2003] MRTA 1807 (26 March 2003)

CATCHWORDS : Visa refusal - Subclass 309 -Regulation 1.15A - genuine continuing relationship.

Dang, Quang Minh [2001] MRTA 1801 (1 May 2001)

CATCHWORDS : Visa refusal - Subclass 309 - Grounds for refusal - Regulation 1.15A - genuine continuing relationship.

DANG, Quang Huynh [2003] MRTA 7750 (17 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Dang, Phuoc Nha [2000] MRTA 407 (23 February 2000)

CATCHWORDS: Prospective spouse - genuine intention to marry

DANG, Phung Di [2003] MRTA 2615 (30 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Ngoc Tuyet [2000] MRTA 2186 (28 July 2000)

CATCHWORDS: Spouse-genuine marriage

Dang, Minh [2001] MRTA 3675 (13 August 2001)

CATCHWORDS: Spouse (Provisional) - genuine and continuing

DANG, Lo Ngoc [2003] MRTA 8798 (31 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Le Tham [2000] MRTA 3255 (11 October 2000)

CATCHWORDS: Refusal - Parent visa 103 - health criterion - opinion of medical officer

Dang, Hoang Minh [2000] MRTA 3176 (5 October 2000)

CATCHWORDS: Review of visa refusal - Subclass 820 - defacto relationship - serial sponsorship

DANG, Hieu Hung [2002] MRTA 1530 (20 March 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANG, Hai Ngoc [2003] MRTA 8092 (28 November 2003)

CATCHWORDS: Review of visa refusal - Prospective Marriage (Temporary) (Class TO) visa - genuine spousal relationship

DANG, Diana [2000] MRTA 2997 (23 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dang, Ba Kiem [2001] MRTA 3440 (30 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANDAN, Ahmad Mohamad [2002] MRTA 5568 (25 September 2002

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

Dancis, Peteris Maris [2001] MRTA 6008 (17 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 300 - whether parties met personally - genuine intent to marry -

DANAOUI, Victoria Margaret [2003] MRTA 898 (19 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dan's Tree & Chipping Service [2001] MRTA 0491 (8 February 2001)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Damonze, Colin Arend [2000] MRTA 1099 (8 May 2000)

CATCHWORDS: Interdependency visa - domestic violence - evidence not in accordance with Division 1.5 - special provisions relating to domestic violence

DAMIRDJIAN, Araksi [2002] MRTA 1246 (6 March 2002)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit

DAMIN, Fatima [2002] MRTA 7418 (13 December 2002)

CATCHWORDS: Review of visa refusals - Skilled - Australian Linked (Migrant) (Class AJ), subclass 105 & 106

Damien Michael Vickson ATUEIYA [2005] MRTA 260 (16 March 2005)

CATCHWORDS: Review of visa refusal - Subclass 820 (Spouse) - Schedule 3 criteria - compelling reasons � longstanding relationship

Damas, Maria [2001] MRTA 4378 (24 September 2001)

CATCHWORDS: Review of visa refusal - Skilled-Australian Linked - usual occupation - Cabinet Maker - Occupations Requiring English

Damakas, Tim [2001] MRTA 1637 (23 April 2001)

CATCHWORDS: subclass 309- spouse visa- genuine and continuing relationship

DAM, Trach Tam [2002] MRTA 3515 (19 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - Whether genuine relationship

DAM, Thi Lien [2002] MRTA 4284 (23 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DAM, Thi Lien [2002] MRTA 4284 (23 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

Daly, Alan James [2002] MRTA 833 (19 February 2002)

CATCHWORDS: Review of visa refusal - Spouse -Subclass 100 - genuine and ongoing relationship

Dalton, Roland Scott [2004] MRTA 6967 (21 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 835 (Remaining Relative) -

Dallal, Violet [2001] MRTA 4951 (29 October 2001)

CATCHWORDS: Review of visa refusal - Resident Return - criterion 155.212 - no substantial ties with Australia - criterion 157.212 - compelling and compassionate reasons for departing Australia - criterion 157.213 - no compelling and compassionate reasons for absence

Dalkilic, Canan [2001] MRTA 4392 (25 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 309

DALIPOVSKI, Fejas [2004] MRTA 2844 (5 May 2004)

CATCHWORDS: Review of visa refusal - Subclass 101 (Child) � enrolled in course or studying � dependent

DALEY, Mardalena [2003] MRTA 3597 (5 June 2003)

CATCHWORDS: Review of visa refusal - Skilled - Australian Sponsored (Migrant) (Class BQ), subclass 138 & 139 - employed in a skilled occupation - English requirement.

DALEY, Lawrence Shane [2003] MRTA 5989 (27 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - subsequently married - regulation 2.08E

DALAYOAN, Margarita [2002] MRTA 6025 (16 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 836 - carer Regulation 1.15AA.

Dakic, Maja [2001] MRTA 3784 (20 August 2001)

CATCHWORDS: Review of visa refusal - Resident Return - criterion 155.212 - no substantial ties with Australia - criterion 157.212 not in Australia for 1 day in the 5 years before application.

DAKAK, Zakaria [2002] MRTA 7635 (23 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DAKA, Benard [2002] MRTA 4966 (28 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit -

Daivd K & A Pty Ltd [2003] MRTA 160 (14 January 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

DAI, Yan Ping [2000] MRTA 4934 (26 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DAI, Ya Jun [2003] MRTA 2011 (31 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 845 (Established Business in Australia) - clause 845.222 - business skills points test - main business deregistered after primary decision - failure to provide additional information under section 359(2) and to provide comments under section 359A

DAI, Xiu Ying [2003] MRTA 7159 (23 October 2003)

CATCHWORDS: Review of visa refusal - subclass 806 - carer

DAI, Rong Xi [2003] MRTA 1168 (28 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 804 - Aged Parent - Balance of family test

DAI, Min [2003] MRTA 4253 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

DAI, Chun Fan [2004] MRTA 1041 (20 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dai Sho Australia [2004] MRTA 2141 (5 April 2004)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

DAHL, Hans [2002] MRTA 7667 (23 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DAHER, Sayed H [2002] MRTA 7187 (4 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business nomination not approved -

DAHAL, Ujwal [2004] MRTA 1027 (20 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

DAHA, Shadid Afzal [2003] MRTA 2360 (22 April 2003)

CATCHWORDS: Review of visa refusal - Business Skills (Residence) (Class BH) visa - regulation 845.222 - points test - whether subcontractors are employees of the business

DAGUO, Yang [2003] MRTA 6109 (1 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Dafter Investments Pty Ltd [2002] MRTA 1824 (5 April 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

DAFTAR, Sanharib [2003] MRTA 164 (14 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 845 Business Skills (Residence) (Class BH) visa - ownership interest in main business - discretionary trust.

DAFALLAH, Mariam [2004] MRTA 6797 (31 May 2004)

CATCHWORDS: Partner (Provisional) (Class UF) visa, subclass 309 - member of the family unit � dependent child

Dafallah, Mariam [2001] MRTA 3272 (18 July 2001)

CATCHWORDS: Prospective marriage - genuine intention to marry

Dachkova, Natalie [2000] MRTA 1070 (3 May 2000)

CATCHWORDS: visa refusal - 103 parent - health criteria 4005

DABBAGH, Marwan [2004] MRTA 7067 (7 July 2004)

CATCHWORDS: Review of visa refusal - Subclass 846 - net assets in Australia - net assets in business

DA SILVA, Carlos Alberto [2002] MRTA 7343 (11 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

DA DHABA, Mehrey [2002] MRTA 2057 (17 April 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

DA COSTA [2003] MRTA 8789 (31 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 838 - Aged Dependent Relative - Dependent

D'WIT, Timothy John [2002] MRTA 2903 (27 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - Primary criteria not met

D'sylva, Daryl Richard [2001] MRTA 3189 (12 July 2001)

CATCHWORDS: Review of visa refusal - Skilled-Australian Linked - usual occupation - general points test - Personal Assistant - Intermediate Inspector and Examiner nec - Transport Conductor

D'SOUZA, Theodore Christopher [2000] MRTA 5650 (27 September 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106

D'Souza, Robert Pierre [2000] MRTA 1437 (6 June 2000)

CATCHWORDS: Usual Occupation, Points Test, Secretary

D'SOUZA, Richard Mario [2002] MRTA 1481 (19 March 2002)

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - Usual occupation - Personal Assistant - General Points Test - Qualifying score

D'SOUZA, Mona Lisa [2003] MRTA 1420 (11 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 103 - Parent - sponsorship - sponsorship obligation - balance of family test

D'SOUZA, Martin [2003] MRTA 2116 (7 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

D'SOUZA, Marcel [2000] MRTA 4224 (17 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - clause 457.212 - successful completion of course in Australia

D'SOUZA, Loy [2003] MRTA 3215 (26 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

D'Souza, Lawrence [2000] MRTA 1373 (31 May 2000)

CATCHWORDS: Business Entry - failed sponsorship.

D'SOUZA, David George [2002] MRTA 2700 (16 May 2002)

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - Usual occupation - Branch Accountant (Financial Institution) - General Points Test - Qualifying score

D'Souza, Brenna [2001] MRTA 4277 (18 September 2001)

CATCHWORDS: Review of visa refusal - subclass 104 - special need relative - whether assistance can be "reasonably obtained" from any other relative or from welfare, hospital, nursing or community services in Australia

D'SOUZA, Bernadette Veronica [2004] MRTA 7253 (11 August 2004)

CATCHWORDS: Review of visa refusals - subclass 115

D'Souza, Barbara Ann [2000] MRTA 3179 (5 October 2000)

CATCHWORDS: visa refusal - subclass 104 - contact - social relationship - intermittent contact

D'Souza, Ashwin Xavier [2002] MRTA 2340 (30 April 2002)

CATCHWORDS: Review of visa refusals - Subclass 105 - skill assessment - usual occupation

D'SOUZA, Agnelo Cornelio [2002] MRTA 1643 (26 March 2002)

CATCHWORDS : Review of visa refusal - Subclass 105 -points test

D'SILVA, Marion [2002] MRTA 4458 (31 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 115 (Remaining Relative) - contact with an `overseas near relative'

D'SILVA, Desiree Maria [2002] MRTA 6865 (22 November 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106

D'SILVA, Denzil Vivian [2003] MRTA 2836 (9 May 2003)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - usual occupation - Marketing Specialist - general points test - qualifying score - Occupations Requiring English list - proficiency in English.

D'Silva, Brian [2000] MRTA 3376 (24 October 2000)

CATCHWORDS: Parent visa - public interest criteria - health - opinion of medical officer

D'ROZARIO, Paul Clifford [2003] MRTA 3339 (28 May 2003)

CATCHWORDS: Review of points assessment - Subclass 105 - usual occupation - assessed score - points test

D'ROZARIO, Neitshell Matilda [2002] MRTA 5771 (30 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance

D'rozario, Bunyan Gerald [2002] MRTA 282 (17 January 2002)

CATCHWORDS: Skilled (Australian Linked) (Migrant) (Class AJ) visa, subclasses 105 and 106 - usual occupation - Fitter - Occupations Requiring English List - proficiency in English - accrued rights

D'OLIVERA Jude [2003] MRTA 4020 (20 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa applications made within 12 months of relevant day - special need relative.

D'Netto, Michelle [2001] MRTA 2277 (29 May 2001)

CATCHWORDS: Review of Subclass 104 - visa refusal

D'Netto, Michelle [2001] MRTA 2276 (29 May 2001)

CATCHWORDS: Review of Subclass 104 visa refusal

D'Jamirze, Roumiana [2000] MRTA 743 (28 March 2000)

CATCHWORDS: Subclass 686 - genuine visit - adequate funds - risk factor applies -

D'ELBOUX, Velina [2002] MRTA 6589 (11 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 105 - pool mark

D'CRUZE, Gerard Ashley [2002] MRTA 7582 (19 December 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - office manager - further information provided.

D'Cruz, William [2001] MRTA 0177 (16 January 2001)

CATCHWORDS : Cancellation of Subclass 105 visa - incorrect information

D'CRUZ, Sheila Josephine [2002] MRTA 7558 (19 December 2002)

CATCHWORDS: Review of visa refusals - Skilled - Australian Sponsored (Migrant) (Class BQ), subclass 138 & 139 - skilled occupation - Marketing Specialist

D'CRUZ, Kathleen [2002] MRTA 2598 (14 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance

D'Cruz, Ivan Emelio [2001] MRTA 80 (7 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 105

D'Cruz, Fatima Priya [2002] MRTA 2205 (24 April 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 -

D'CRUZ, Clive Sylvester [2002] MRTA 7168 (4 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged Parent) - public interest criteria 4005

D'COSTA, Nuria [2002] MRTA 1627 (26 March 2002)

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Personnel Officer

D'COSTA, Desmond Anthony [2003] MRTA 4053 (18 June 2003)

CATCHWORDS: Other Family (Residence) (Class BU) visas subclass 836 (Carer) -

D'COSTA, Collin [2003] MRTA 7631 (12 November 2003)

CATCHWORDS: Review of visa refusals - Skilled-Australian Sponsored (Migrant) (Class BQ) visa, subclass 138 & 139 - Assurance of Support

D'ARC NEHME, Jeanne [2000] MRTA 4857 (21 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

D'Arc Brito Do Nas, Joana [2002] MRTA 2896 (27 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - spouse- domestic violence

D'AQUARO, Angela [2003] MRTA 4271 (25 June 2003)

CATCHWORDS: Eligibility - ineligible for review - failure to lodge review application within the prescribed period.

D'Amore, Elma [2001] MRTA 0715 (27 February 2001)

CATCHWORDS: Review of visa refusal - Subclass 105 - Aircraft Mechanic

D' Souza, Wenceslous Martin [2001] MRTA 5013 (30 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - Opinion of Medical Officer of the Commonwealth - meets health requirement.

D S International Trading Pty Ltd [2002] MRTA 4454 (30 July 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

D & A Engineering & Construction Pty Ltd [2001] MRTA 2698 (20 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - necessary skills to perform the activity

CANSEVEN, Murat [2003] MRTA 4501 (30 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

CANSEV, Fadime [2003] MRTA 8668 (22 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

CANOY, Proximo [2003] MRTA 400 (29 January 2003)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - "usual occupation" - kitchenhand - sales assistant (food and drink products)

Canoy, Eduardo Ramos [2002] MRTA 804 (18 February 2002)

CATCHWORDS: Review of visa refusal - Subclass (Skilled)(805) -

Cannon, Ligaya [2002] MRTA 66 (3 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - adequate funds - clause 4011 risk factor

Cannon, Guia [2001] MRTA 1599 (18 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 visa

CANNARD, Irina Leonidovna [2000] MRTA 4190 (17 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CANKARA, Mustafa [2002] MRTA 999 (25 February 2002)

CATCHWORDS: Review of visa refusal - subclass 835 - remaining relative - overseas near relative

Canji, Janko [2001] MRTA 3154 (10 July 2001)

CATCHWORDS: Review of visa refusal - bridging visa - abide by conditions - security

CANIVEL, Roma Dizon [2002] MRTA 3614 (21 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Canigata, Taina Wati [2001] MRTA 4714 (15 October 2001)

CATCHWORDS: Review of visa refusal - Subclass (Family)(806) - Aged Dependent Relative

Canicula, Lourdes [2001] MRTA 1572 (18 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 805 - employer nomination - distinguished talent

Canicula, Beberly [1999] MRTA 85 (12 August 1999)

CATCHWORDS: Special need relative - Whether Australian relative has long-term need

Canete, Sarah [2000] MRTA 2254 (1 August 2000)

CATCHWORDS: Subclass 686 - genuine visit - adequate funds - risk factor applies - national of the Philippines

Xiong, Yan Shi [2000] MRTA 2224 (31 July 2000)

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

Canete, Maximo [1999] MRTA 300 (29 September 1999)

DECISION: The Tribunal affirms the decision to refuse the Applicant a subclass 806-Family (Class AO) Residence visa, or any other subclass of visa in this class.

Caner, Kadri [2000] MRTA 798 (6 April 2000)

CATCHWORDS: 832; close ties; diplomat

Candra, Sunardi [2001] MRTA 2958 (28 June 2001)

CATCHWORDS: Class 816 - Migration (1993) Regulations

CANDILOSAS, Maria [2002] MRTA 6071 (17 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 (Family) - aged dependent relative - dependent on Australian relative for a reasonable period preceding application - financial dependence

Candida Fisher [2004] MRTA 7636 (10 December 2004)

CATCHWORDS: Review of visa refusal - Subclass (Spouse) (801) � Health criteria waiver (4007)

Candia, Hector [2000] MRTA 2379 (14 August 2000)

CATCHWORDS: Review of visa refusals - Subclass 806 - Health criterion 4005

Candemir, Bulent [2000] MRTA 3035 (25 September 2000)

CATCHWORDS: Review of visa refusal - Subclass 050

Candaza, Antonio [2001] MRTA 2234 (28 May 2001)

CATCHWORDS: Skilled - usual occupation - general points test - occupations requiring English - sewing machine mechanic

Candappa, Rekha Lisette [2000] MRTA 3305 (17 October 2000)

CATCHWORDS: Spouse visa - genuine relationship

JGL [2000] MRTA 3997 (4 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - abide by conditions- security

Canberra Saiva Temple & Educational Association Pty Ltd [2001] MRTA 0780 (2

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Canberra Fixers Marble Centre Granite Pty Ltd [2003] MRTA 2552 (29 April 20

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Can, Ferit [2001] MRTA 3153 (10 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

CAN, Erol [2003] MRTA 3912 (17 June 2003)

CATCHWORDS: Review of visa refusal - subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

CALDINI, Joelle Chantal [2002] MRTA 3996 (4 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - new business sponsorship and nomination subsequently approved by the Department.

CALDINI, Joelle Chantal [2002] MRTA 3996 (4 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - new business sponsorship and nomination subsequently approved by the Department.

Campos-Diaz, Ana Patricia [2000] MRTA 3583 (10 November 2000)

CATCHWORDS: Review of visa refusal - Subclass 820 - Regulation 1.15A - waiver - `cohabitation requirement' -compelling and compassionate circumstances

CAMPOS, Diego Alejandro Gonzales [2003] MRTA 855 (17 February 2003)

CATCHWORDS: Visa cancellation - section 116 - Subclass 560 - student - condition 8105 - cancellation mandatory

CAMPBELL, William [2000] MRTA 6196 (23 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 686 - visa application not made within 28 days of relevant day

Campbell, Scott Garcia [2001] MRTA 2162 (24 May 2001)

CATCHWORDS: Review of visa refusal - subclass 820 - defacto relationship at time of application - genuine and continuing relationship- common law doctrine of accrued rights

Campbell, Mario [2001] MRTA 5587 (26 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 (Spouse) - no genuine and continuing relationship - inability to contact nominator - clauses 820.211 and 820.221

CAMPBELL, Gemma Jane [2002] MRTA 7421 (13 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 criteria, compelling reasons

CAMPBELL, Anna [2000] MRTA 6229 (23 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 686 - visa applications not made within 28 days of relevant day

CAMPANG, Democrito [2002] MRTA 2750 (20 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance


Camp Oz Pty Ltd [2002] MRTA 5255 (10 September 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - regulation 1.20D - 1.20D(2)(a) - 1.20D(2)(c) - 1.20D(2)(f)

CAMMARION PTY LTD [2003] MRTA 7518 (5 November 2003)

CATCHWORDS: Review of business nomination rejection - temporary business entry scheme - key activity

Caminiti, Antonino [2001] MRTA 4956 (29 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Camilleri, Paul [2001] MRTA 4498 (2 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CAMILLERI, John Paul [2002] MRTA 2176 (24 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CAMELLO, Chrissy Marie Wong [2003] MRTA 6750 (2 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 572 - student - clause 572.224 - public interest criteria - health requirements

Cambay, Rosario [1999] MRTA 303 (29 September 1999)

CATCHWORDS: Family Residence-Application made outside prescribed time.

Camba, Felix Nolan [2000] MRTA 2632 (30 August 2000)

CATCHWORDS: Review of visa refusal - Subclass 820 - withdrawal of nomination - domestic violence

Camarse, Susana [2001] MRTA 4614 (8 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - carer

Camara, Wilfredo [2002] MRTA 367 (23 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - assistance required not within the definition - assistance available from other relative a

Cama,Josateki [1999] MRTA 3 (8 June 1999)

CATCHWORDS: Bridging visa - credibility - migration history - not abide by conditions.

Cama, Tagi [2001] MRTA 4063 (5 September 2001)

CATCHWORDS: Dependent child

Callow, Debra Samantha [2004] MRTA 2836 (5 May 2004)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship � de facto relationship

Callirgos Cuadros, Marlene Rosario [2000] MRTA 705 (27 March 2000)

CATCHWORDS: Special need relative- assistance could be provided by other relative/community, hospital or community services- previous 'special need relative' visa issued to another relative for same need.

CALLE MANCO, Oscar [2003] MRTA 4393 (26 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Callander, Robert [2004] MRTA 2552 (28 April 2004)

CATCHWORDS: Review of visa refusal - Subclass 115 (Remaining Relative)

CALLAGHAN, Horace Charles [2004] MRTA 1684 (17 March 2004)

CATCHWORDS: Review of visa refusal - Subclass 838 � aged dependent relative - dependent

Calin PAVA [2004] MRTA 7564 (18 November 2004

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - adequate funds - clause 4011 risk factor

CALIGIORE, Guiseppa [2003] MRTA 2368 (22 April 2003)

CATCHWORDS: Review of visa refusal - Return (Residence) (Class BB), subclass 155 - further information provided to the Tribunal - compelling reasons for absence - close personal ties.

Calica, Teddy Fredie [1999] MRTA 576 (1 November 1999)

CATCHWORDS: Special need relative - substantial assistance - assistance reasonably obtained from other relatives or community services

CALHOUN, Grant Andrew [2002] MRTA 2831 (23 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - applicant married sponsor after application for prospective spouse visa refused

CALDINI, Joelle Chantal [2002] MRTA 3996 (4 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - new business sponsorship and nomination subsequently approved by the Department.

CALDERON, Claudia Isabel Urbina [2002] MRTA 3708 (25 June 2002)

CATCHWORDS: Review of visa refusal - subclass 836 - carer - unsatisfactory carer's certificate

CALAYAG, Cecilia [2004] MRTA 1148 (25 February 2004)

CATCHWORDS: Review of visa refusals - Subclass 138 - Vocational English

Calabrese, Jie [2001] MRTA 1811 (2 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 - Application made after expiry of substantive visa - Whether compelling circumstances - Whether compelling circumstances at date of application - Whether genuine marriage

Cakreska, Jordanka [2001] MRTA 4647 (9 October 2001)

CATCHWORDS: Review of visa refusal - subclass 560 - exceptional reasons - regulation 560.230

Cakmashi, Leonard [1999] MRTA 30 (2 July 1999)

Cakmashi, Leonard [1999] MRTA 30 (2 July 1999)

Cakmak, Fikri [2001] MRTA 4656 (9 October 2001)

CATCHWORDS: Review of visa refusal - subclass 100 - genuine relationship - domestic violence

Cakmak, Fikri [2001] MRTA 0699 (27 February 2001)

CATCHWORDS: Subclass 100 - domestic violence - violent -abuse

Cakmak, Elaattin [2000] MRTA 1258 (23 May 2000)

CATCHWORDS: refusal - general residence(class AS) subclass 801 -genuine and continuing relationship

CAKIROGLU, Sami [2004] MRTA 716 (9 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Cakir, Kemal [2001] MRTA 5710 (30 November 2001)

CATCHWORDS: Review of visa refusal - Subclass (Special (Permanent))(816) - Federal Court Remittal

CAKIR, Ilhami [2003] MRTA 371 (28 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor

CAKIR, Ilhami [2003] MRTA 370 (28 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor

Cakir, Huseyin [2001] MRTA 3431 (30 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

Cakany, Frank [1999] MRTA 187 (8 September 1999)

CATCHWORDS: Family Residence-Application made outside prescribed time.

CAK [2003] MRTA 2868 (9 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - does not meet primary criteria.

Caita Mandra, Ligia Ana [2000] MRTA 2079 (20 July 2000)

CATCHWORDS: Visa refusal - spouse - withdrawal of nomination - domestic violence [B][/B]

CAIRNS, Philip [2002] MRTA 7706 (30 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

CAIRNS, David Leslie [2002] MRTA 2553 (8 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CAIRNS TOUR CONNECTION [2002] MRTA 1334 (12 March 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - whether sponsor can meet its financial obligations.

CAIRD, Darryle Anthony [2003] MRTA 4303 (25 June 2003)

CATCHWORDS: Review of visa refusals - Subclass 309 - Regulation 1.15A - Whether genuine continuing relationship

Cain, Elena (Helen) [2001] MRTA 3530 (2 August 2001)

CATCHWORDS: Spouse - genuine and continuing - substantive visa at time of application - compelling circumstances

Caiep Australia Pty Ltd [2003] MRTA 1331 (6 March 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - failure to lodge supporting evidence - failure to attend hearing

CAI, Zhi Yu [2002] MRTA 3010 (29 May 2002)

CATCHWORDS: Visa cancellation under section 116 - grounds for cancellation

CAI, Yu Chang [2002] MRTA 2863 (24 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - failure to meet primary criteria

CAI, Yang Mei [2003] MRTA 8445 (15 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 838 (Aged Dependent Relative) - wholly or substantially dependent

CAI, Yan-Hong [2003] MRTA 977 (21 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CAI, Xue Fen [2003] MRTA 6898 (13 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

CAI, Xue Fen [2003] MRTA 6233 (10 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

CAI, Xiu Fang [2003] MRTA 8779 (31 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 806 (Family)

CAI, Xing Cai [2002] MRTA 7268 (9 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Cai, Wen Ying [2001] MRTA 5107 (31 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - genuine student

CAI, Wei [2004] MRTA 2502 (28 April 2004)

CATCHWORDS: Review of Student visa cancellation - section 116 - notification procedures followed - condition 8202 � whether breached � mandatory cancellation procedures applicable � cancellation affirmed

Cai, Su Xia [2002] MRTA 676 (6 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor

CAI, Sheng Hua [2003] MRTA 3262 (26 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship no

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

CAI, Ruofan [2004] MRTA 1811 (22 March 2004)

CAI, Ruofan [2004] MRTA 1811 (22 March 2004)

Cai, Rong [2000] MRTA 2795 (11 September 2000)

CATCHWORDS: Review of visa refusal - Subclass 155 - reviewable decision - personal and employment ties

Cai, Qun Ying [2001] MRTA 6183 (24 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds

Cai, Liu Fang [2001] MRTA 2866 (27 June 2001)

CATCHWORDS: Visa refusal - whether genuine visit - risk factor

CAI, Jin Liang [2002] MRTA 5732 (30 September 2002)

CATCHWORDS: Review of visa refusals - Subclasses 105 and 106 - "usual occupation" - painter and decorator

Cai, Jian [1999] MRTA 111 (20 August 1999)

DECISION: The tribunal remits this application with a direction that the visa applicant satisfies all the criteria for the grant of Short Stay (Visitor) (Class TR) subclass 676 Tourist (Short Stay) to enable her to staty for a period not exceeding three months subject to any mandatory conditions and consideration of the public interest criteria which have not been considered by the Tribunal.

Cai, Jian Xiang [2001] MRTA 5240 (9 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - criterion 4011 risk factor

CAI, Hua [2002] MRTA 5172 (4 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - Whether genuine relationship

CAI, Dong [2003] MRTA 6039 (28 August 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

CAI, David Zheng Xuan [2004] MRTA 1848 (23 March 2004)

CATCHWORDS: Review of visa refusal - Subclass 802 (Child) - natural or adopted child

CAI, Chu Ling [2003] MRTA 49 (6 January 2003)

CATCHWORDS: Review of visa refusals - subclass 845 - ownership interest for 18 months

CAI, Bi Gong [2004] MRTA 275 (19 January 2004)

CATCHWORDS: Preferential Relative (Migrant) (Class AY) visa, subclass 114 - aged dependent relative - whether the visa applicant is financially dependent upon the sponsor.

CAI, Ban Tuan [2003] MRTA 8838 (31 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 115 - Remaining relative - Overseas near relative - Whether dependent child.

Cai Yin Sun [2004] MRTA 7586 (26 October 2004)

CATCHWORDS: Review of visa refusal - Subclass 838 (Aged Dependent Relative)

Cahuas Riojas, Jose Martin [2002] MRTA 422 (24 January 1902)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance

Cahine, Amine [2000] MRTA 559 (13 March 2000)

CATCHWORDS: remaining relative - overseas near relative - contact

CAHILL, Warren Cameron [2002] MRTA 6490 (6 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 310 - Interdependency - genuine relationship

CAGIN, Gokmen [2002] MRTA 1631 (26 March 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance

Cadorna, Josielyn [2001] MRTA 4857 (24 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - adequate funds - clause 4011 risk factor

Cadlum, Gerardo [2001] MRTA 3949 (29 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.223 - AusAID recipient - not supported by the AusAID Minister

CADLE, Alma Concepcion [2002] MRTA 2044 (17 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - substantial and continuing assistance

CADINOUCHE, Catherine [2003] MRTA 4645 (30 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - outcome of separate review of business sponsorship decision - no business sponsor

CADELL, Jason Christopher [2002] MRTA 5789 (2 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Cadano, Remigio [2000] MRTA 79 (13 January 2000)

CATCHWORDS: Spouse visa - not lived together for 12 months prior to application - no compelling or compassionate circumstances

Cacho, Herminia [2001] MRTA 0366 (31 January 2001)

CATCHWORDS: Review of visa refusals - Subclass 806 - criterion 3002 - visa applications not made within 12 months of relevant day

Cacho, Germiel [2001] MRTA 0236 (22 January 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day- unable to meet secondary criteria

CABULUNA, Lea Bejarin [2003] MRTA 1527 (17 March 2003)

CATCHWORDS: Visa cancellation - section 109 - Subclass 820 - incorrect information

CABREREA, Celma [2002] MRTA 4083 (10 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

CABRERA, Jose [2003] MRTA 6804 (8 October 2003)

CATCHWORDS: Review of visa refusals - Skilled-Australian- sponsored (Migrant) (Class BQ) - subclass 138 - skilled occupation -- IELTS test - whether employed in skilled occupation

CABRERA, Gay Ferrer [2000] MRTA 6195 (23 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

CABRAL, Philomena Mary Jenkins [2002] MRTA 6303 (29 October 2002)

CATCHWORDS: Review of visa refusal - Skilled-Australian Linked - usual occupation - Driller - general points test - vocational English

CABO, Leonardo [2003] MRTA 1976 (31 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

Cabinteely Pty Ltd [2004] MRTA 1033 (23 February 2004)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Cabiltes, Imelda [2002] MRTA 418 (24 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 836 - carer - unsatisfactory carer's certificate

CABILAO, Charmaine [2002] MRTA 7191 (4 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

CABIAD, Paul [2002] MRTA 1437 (18 March 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - Genuine relationship.

Cabenalevu, Ilisoni [1999] MRTA 823 (30 November 1999)

DECISION: The Tribunal affirms the decision under review to refuse the grant of a Cultural/Social (Temporary) (Class TE) visa, subclass 421 (Sport) to the Visa Applicant.

CABELLO, Mirtha Leonor Canturin [2003] MRTA 8120 (28 November 2003)

CATCHWORDS: Review of visa refusal - Partner (Temporary) (Class UK) - Subclass 820 (Spouse) - Domestic Violence

CABELLO, Mirtha Leonor Canturin [2003] MRTA 7816 (19 November 2003)

CATCHWORDS: Review of visa refusal - Partner (Temporary) (Class UK) - Subclass 820 (Spouse) - Domestic Violence

Cabbar, Ayhan [2000] MRTA 858 (12 April 2000)

CATCHWORDS: Not in the daily care and control of the sponsor

Cabangca, Antonietta [2000] MRTA 4149 (20 December 2000)

CATCHWORDS: Visa refusal - Subclass 820 - multiple sponsorship, limitations on sponsorship - existence of compelling circumstances

CABANE PTY LTD [2003] MRTA 3947 (18 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - temporary business entry scheme - paragraph 1.20(D)(2)(f) - whether has financial ability to meet undertakings

CABALUNA, Lea Bejarin [2003] MRTA 1526 (17 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 801 - cancellation of subclass 820 visa

Caballero, Rogelio [2001] MRTA 0977 (14 March 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

CABALLEGAN, Teresita Torres [2003] MRTA 3034 (19 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

CABAGNOT, Amy [2003] MRTA 6668 (30 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - public interest criteria - significant cost - undue cost - undue prejudice - waiver

Ca'd'Or Cafe [2003] MRTA 2138 (9 April 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

CA [2002] MRTA 6969 (27 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 criteria

Ca Mau Minh Hai Frozen Seafood Processing Import [2004] MRTA 1153 (25 Febru

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

C.Y.C. Import Pty Ltd [2005] MRTA 19 (28 January 2005)

CATCHWORDS: Review of visa refusals - Subclass 457 � personal attributes and employment background relevant to activity to be performed.

C Packer (Member) [2005] MRTA 158 (23 February 2005)

CATCHWORDS: Review of visa refusal - Subclass 010 (Bridging A) visa

C & M Duran Pty Ltd [2002] MRTA 7600 (19 December 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

C & K MORNING GLORY PTY LTD [2003] MRTA 7222 (27 October 2003)

CATCHWORDS: Review of visa refusals - Subclass 457 - business sponsorship and nomination lapsed

C & J YUN PTY LTD [2003] MRTA 5117 (16 July 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

BALASINGHAM, Alice Thangamalar Clough [2002] MRTA 6699 (18 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 804 - aged parent - public interest criterion 4005

BALASA, Natalia [2002] MRTA 5108 (30 August 2002)

CATCHWORDS: Review of visa refusal - Partner (Temporary) (Class UK)(Spouse) Domestic Violence

BALARAMAN, Sathya Narayanan [2003] MRTA 1418 (11 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 572 - student - clause 572.212 - substantial compliance with conditions of visa last held - condition 8202 - clause 572.223 - genuine student

Balanag, Deborrah [2001] MRTA 2097 (22 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 100 - clause 100.221 - Regulation 1.15A - Spouse - Domestic Violence -Regulation 1.23(1)(g).

Balan, Gabriel [1999] MRTA 790 (25 November 1999)

CATCHWORDS: Genuine visit, refusal of incorrect visa class

Balakrishnan, Aruthselvan [2001] MRTA 3433 (30 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative

BALAICAN, Gheorghe [2002] MRTA 4441 (30 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

BALAGTAS, Milagros [2004] MRTA 2073 (19 April 2004)

CATCHWORDS: Review of visa refusals - Subclass 138 � Office Manager.

BALADAD, Edna Luz [2002] MRTA 2764 (20 May 2002)

CATCHWORDS: Review of visa refusals - Subclasses 105 and 106 - "usual occupation" - Agricultural Technical Officer - ASCO 3112-17

Bakar, Halima [2000] MRTA 3722 (22 November 2000)

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

Bakar, Halima [2000] MRTA 3722 (22 November 2000)

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

Bakar, Halima [2000] MRTA 3722 (22 November 2000)

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

BALABASCIUC, Christina [2000] MRTA 6217 (23 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

BALABAN, Traian [2002] MRTA 2592 (14 May 2002)

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Textile Machine Mechanic - general points test - qualifying score - Occupations Requiring English list - proficiency in English

Bal, Jaspreet Singh [2002] MRTA 350 (22 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

BAKSMATY, Hiam [2003] MRTA 5194 (21 July 2003)

CATCHWORDS: Review of visa refusals - Subclass 116 - Carer

Bakshi, Raj [2001] MRTA 1271 (30 March 2001)

CATCHWORDS: Cancellation of visa - Subclass 560 - breach condition 8202 - mandatory cancellation

BAKSHI, Dhiraj [2003] MRTA 5273 (23 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 Independent Executive - visa held at time of application.

BAKSHI, Bhupinder Kumar [2002] MRTA 4505 (31 July 2002)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106

Bakri, Houssam [2002] MRTA 401 (23 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 679 - sponsored visitor- genuine visit - risk factor

BAKRI, Diala Zaid [2003] MRTA 7728 (17 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 686 - unlawful - subclause 686.211 - whether visa applicant holder of substantive visa - cessation of subclass 976 visa - application of Schedule 3 criteria - item 3004

Bakre, Hassan [2001] MRTA 6155 (21 December 2001)

CATCHWORDS: Review of visa refusals - Subclass 309 - genuine marriage

Bakmi Jakarta Pty Ltd [2001] MRTA 6165 (21 December 2001)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Bakla, Kaan [2001] MRTA 5255 (9 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved - further information provided - business sponsorship subsequently approved - visa applicant holder of student visa who did not successfully complete course at time of application.

Baki, Marie [2004] MRTA 2404 (20 April 2004)

[2004] MRTA 2404

CATCHWORDS: Review of visa refusal - Subclass 835 (Remaining Relative) -

BAKER, Robert Edward [2003] MRTA 6437 (23 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Baker, Paul [2000] MRTA 3575 (9 November 2000)

CATCHWORDS: Temporary business entry

BAKER, Matthew George [2002] MRTA 6780 (20 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - Whether genuine relationship

BAKER, Marie [2003] MRTA 7565 (10 November 2003)

CATCHWORDS: Review of visa refusal - subclass 116 (Carer)

BAKER, Jill [2003] MRTA 261 (22 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship - not in a de facto relationship 12 months preceding visa application - no compelling and compassionate circumstances

Bakar, Halima [2000] MRTA 3722 (22 November 2000)

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

Bak, Tong Heon [2001] MRTA 5273 (12 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not currently approved - nomination withdrawn

BAK, Kyeong One [2003] MRTA 3047 (19 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Bajwa, Shangara Singh [2002] MRTA 803 (18 February 2002)

CATCHWORDS: Review of visa cancellation - Subclass 010 -breach of visa condition - whether visa should be cancelled

Bajwa, Rupinder Singh [2001] MRTA 2020 (17 May 2001)

CATCHWORDS: Cancellation - condition 8202 - exercise of discretion

BAJWA, Muhammad Ali [2003] MRTA 3675 (6 June 2003)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - failure to meet course requirements

Bajwa, Balwinder Singh [2001] MRTA 3074 (29 June 2001)

CATCHWORDS: Review of visa refusal - subclass 820 - genuine and continuing relationship at time of visa application

Bajramoska, Linda [2001] MRTA 4137 (11 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

BAJPAI, Ravi Dutt [2002] MRTA 1787 (3 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 103 - whether secondary visa applicant dependent

BAJOR, Patricia [2003] MRTA 7839 (20 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Bajaj, Roopesh [2001] MRTA 6114 (20 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 and 560.227- substantial compliance with conditions of visa last held - condition 8105 - work limitation

BAJAJ, Parminder Kaur [2002] MRTA 5603 (26 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 845 Business Skills (Residence) (Class BH) visa- whether 10% ownership interest in business. [B]

BAINS, Prem Singh [2004] MRTA 901 (16 February 2004)

CATCHWORDS: Review of visa refusals - Subclass 139

BAINS, Phupinder Singh [2002] MRTA 2309 (29 April 2002)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - "usual occupation" - personnel officer

Bains, Parminder Kaur [2001] MRTA 0191 (17 January 2001)

CATCHWORDS: Spouse (Provisional) - genuine and continuing

Bains, Manveer Singh [2000] MRTA 2347 (10 August 2000)

CATCHWORDS: Cancellation - condition 8202 - no discretion

BAINS, Amardeep Singh [2003] MRTA 2596 (30 April 2003)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8101 - work without permission - discretionary cancellation - notification procedures - intention to cancel

BAINIBURE, Vilimone [2003] MRTA 3248 (26 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 421 - sport

BAINES, Stephen [2003] MRTA 5862 (20 August 2003)

CATCHWORDS: Review of visa refusal - Subclass 115 (Remaining Relative) - Overseas Near Relatives

BAILEY, Christine Chepkemoi [2003] MRTA 2165 (9 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - regulation 1.15A - domestic violence - breakdown of marital relationship

Bailey, Barbara Eline [2000] MRTA 2441 (16 August 2000)

CATCHWORDS: Visitor visa, genuine visit,

Bail (Member) [2003] MRTA 4123 (15 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 100 (Spouse) � holder of a Subclass 309 visa � domestic violence � whether relationship genuine or continuing

Baikloy, Pornpen [2001] MRTA 0068 (8 January 2001)

CATCHWORDS: cancellation - student visa - condition 8202

Baikal Holdings Pty Ltd [2003] MRTA 8664 (22 December 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - not operating a business in Australia - no training or new skills - unable to meet financial obligations.

BAIK, Kyung Soo [2003] MRTA 3004 (19 May 2003)

CATCHWORDS: Temporary Business Entry (Class UC) visa, subclass 457 - business nomination not approved

BAIK, Euy Suk [2003] MRTA 2234 (14 April 2003)

CATCHWORDS: Temporary Business Entry (Class UC) visa, subclass 457 - business sponsorship not approved

Baik, Bok Sun [2001] MRTA 4769 (17 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved at time of primary decision subsequent sponsorship approval and approved nomination

Baig, Shahzad [2001] MRTA 3377 (25 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - genuine student

Baig, Mustaq [2000] MRTA 4011 (12 December 2000)

CATCHWORDS: Student visa - cancellation -complied with visa condition

Baig, Mirza [2001] MRTA 1640 (23 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - whether substantial compliance with conditions of visa last held - condition 8105

BAIG, Anwer [2002] MRTA 5803 (2 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

BAIDYA, Niraj Raj [2002] MRTA 2916 (27 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held -

Baidwan, Jagjeet Singh [2000] MRTA 2103 (24 July 2000)

CATCHWORDS: Visa Cancellation - Section 109- Temporary Business visa - Bogus document

BAIDOVA, Natalia [2002] MRTA 4080 (10 July 2002)

CATCHWORDS: Review of visa refusals - Subclass 806 - criterion 3002 - visa applications not made within 12 months of relevant day

Bai, Yu Ping [2000] MRTA 2595 (25 August 2000)

CATCHWORDS: Review of visa refusal - Subclass 050 -

BAI, Xunzhi Bai [2002] MRTA 6754 (20 November 2002)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202

BAI, Hui [2003] MRTA 6086 (1 September 2003)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - purpose of visit.

Bai Yok Restaurant [2000] MRTA 3642 (15 November 2000)

CATCHWORDS: Business sponsorship - temporary business entry scheme - sale of business to new owners - partnership

BAHTA, Freweini [2002] MRTA 5099 (30 August 2002)

CATCHWORDS: Review of visa refusal - subclass 309 - genuine relationship

Bahri, Roy Gilbert [2001] MRTA 2710 (20 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8105.

Bahlawan, Mohamad [2001] MRTA 5561 (26 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - Spouse

Bahine, Alexander [2004] MRTA 6935 (4 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 114 (Aged Dependent Relative

BAHARUDIN, Dessy [2003] MRTA 1852 (26 March 2003)

CATCHWORDS: Review of visa refusal - Subclass (Spouse)(820) - Schedule 3 waiver

Bahar, Meiharliza [2001] MRTA 5527 (22 November 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E -abide by conditions - security decision

BAHAR, Bedros [2003] MRTA 811 (12 February 2003)

CATCHWORDS: Review of visa refusal - subclass 679 - (Sponsored Family Visitor)(Short Stay)

BAHAR, Bedros (Peter) [2003] MRTA 7137 (23 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Bahar, Ayda [2001] MRTA 2238 (28 May 2001)

CATCHWORDS: Review of visa refusal - subclass 679 - genuine visit - clause 4011 risk factor

BAHADUR, Lal [2002] MRTA 6937 (27 November 2002)

CATCHWORDS: Review of visa refusals - Subclass 116 - carer -remaining relative

Bahadur, Kaur Pati [2001] MRTA 6168 (21 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 4005 -Aged dependent relative

BAGRON, Yizhaq [2004] MRTA 2382 (8 June 2004)

CATCHWORDS: Review of visa refusal - Subclass 457 - outcome of separate review of business sponsorship decision.

BAGO, Yousif [2003] MRTA 7352 (29 October 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

BAGINSKI, Audrey [2002] MRTA 6943 (27 November 2002)

CATCHWORDS: Review of visa refusals - Subclass 116 - claim to be a carer

BAGiANTE, Giuseppe [2000] MRTA 4683 (13 August 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - application for approval as a standard business sponsor approved.

Bagiada, Imade [2001] MRTA 4881 (24 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - genuine student

Baghaei, Farzad [2004] MRTA 2135 (5 April 2004)

CATCHWORDS: Review of visa refusals � Subclasses 105 and 106 � "usual occupation" � Building and Engineering Associate Professionals nec

Bagga, Vikram [2000] MRTA 3901 (6 December 2000)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8105 and 8202

SSB [2003] MRTA 269 (22 January 2003)

CATCHWORDS: Review of visa refusals - Subclasses 105 and 106 - "usual occupation" - secretary

BAGAOISAN, Jessie [2002] MRTA 2898 (27 May 2002)

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106

Bagang, Engracia [2001] MRTA 3178 (11 July 2001)

CATCHWORDS: Visa refusal - Subclass 806 - Special need relative - depression - other serious circumstances

BAG, Mohammed Shafik [2003] MRTA 3297 (28 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

BAFFOE, Monica [2003] MRTA 3610 (5 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Bafaquih, Habeeb Salam [2000] MRTA 88 (14 January 2000)

CATCHWORDS: Cancellation, definition of work, exercise of discretion.

BAEK, Yeon Hee [2003] MRTA 1344 (7 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship approved

Baek, Soon Young [2004] MRTA 7032 (21 June 2004)

CATCHWORDS: Visa cancellation under section 116 - grounds for cancellation - cancellation discretionary

Baek, Seung Il [2001] MRTA 5000 (29 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - genuine student

BAEK, Ohg Hum [2002] MRTA 6717 (18 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Baek, Nam Yong [2001] MRTA 6181 (24 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 801 - nomination withdrawn - domestic violence

BAEK, Mi Kyung [2004] MRTA 197 (14 January 2004)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved - no application for review by sponsor

Baek, Chang Hun [2001] MRTA 5842 (10 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

BAEG, Young Hoon [2004] MRTA 2331 (14 April 2004)

CATCHWORDS: Visa cancellation - Subclass 457 (Business (Long Stay)) � grounds for cancellation � paragraph 116(1)(a)

Bae, Young Wook [2002] MRTA 945 (25 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

BAE, Yong Ki [2003] MRTA 3622 (5 June 2003)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - satisfactory academic results

BAE, Se-Jeong [2003] MRTA 1966 (31 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 832 (Close Ties)

BAE, Sang Doek [2002] MRTA 5075 (30 August 2002)

CATCHWORDS: Skilled visa - welder - exceptional record of achievement - subclass 805 - remittal by Federal Court

Bae, Sang Deok [2000] MRTA 3147 (3 October 2000)

CATCHWORDS: Skilled visa - welder - exceptional record of achievement

Bae, Kyungjin [2001] MRTA 6077 (19 December 2001)

CATCHWORDS: Review of visa refusal - subclass 560 -clause 560.213 - condition 8202 -clause 560.222 - evidence of enrolment - clause 560.224 - sufficient funds to study in Australia - clause 560.225 - medical examination results - clause 560.226 - overseas health insurance cover

Bae, Hyun Joo [2001] MRTA 2533 (13 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8202

BAE, Hee Sun [2003] MRTA 2965 (16 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

Bae, Bong Sang [2001] MRTA 3620 (9 August 2001)

CATCHWORDS: Review of visa cancellation - Subclass 010 - whether working - whether breach of visa condition - whether visa should be cancelled

BADZOVSKA, Lence [2003] MRTA 5228 (21 July 2003)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Badurdeen, Nisthar [2000] MRTA 2156 (26 July 2000)

CATCHWORDS: Visa refusal - subclass 806 - carer

Badurambe Kankanamge, Sumedha Rathnasekara [2000] MRTA 1171 (16 May 2000)

CATCHWORDS: Spouse - genuine relationship - limitation on sponsorship - waiver - compelling reasons

BADSHAH, Gul [2003] MRTA 3213 (26 May 2003)

CATCHWORDS: Review of visa refusal - Subclasses 138 and 139 - Regulation 138.226 - Vocational English

Badran, Abdel Halim [2000] MRTA 1781 (27 June 2000)

CATCHWORDS: Student visa - whether visa applicant complied with conditions of previous visa - evidence of financial support

Badger, Charles [2001] MRTA 5883 (10 December 2001)

CATCHWORDS: Review of visa refusal - Subclass (Aged parent)(804) - Regulation 1.05(1)(b) - balance of family test

BADER, Gaith [2000] MRTA 4349 (25 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 857 (Regional Sponsored Migration Scheme)

Badea, Emilia [2001] MRTA 4473 (28 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 309

Baddour, Michael [2000] MRTA 846 (12 April 2000)

CATCHWORDS: Spouse visa - genuine relationship

BADDAH, Katef [2003] MRTA 8724 (24 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 116 (Carer)

Baddah, Kaissar [2000] MRTA 2481 (21 August 2000)

CATCHWORDS: visitor visa - very little likelihood of overstaying

BADAAM, Obul Reddy [2003] MRTA 860 (17 February 2003)

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa - (Student) - breach of a condition relating to attendance and satisfactory academic performance

Baclayon, Jesus [2000] MRTA 1555 (14 June 2000)

CATCHWORDS: special need relative

BACKHOUSE, Deborah [2003] MRTA 7746 (17 November 2003)

CATCHWORDS: Review of visa refusal - Subclass 835 - remaining relative - overseas near relative - contact within a reasonable period.

Back, Sung-Sik [2001] MRTA 1657 (23 April 2001)

CATCHWORDS: Visa cancellation - section 116 - Subclass 560 - student - conduct not contemplated by the visa.

Bacigalupo, Bethsabe [2001] MRTA 5729 (3 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 104 - special need relative

BACHITAR, Johnson [2004] MRTA 118 (12 January 2004)

CATCHWORDS: Review of decision not to revoke automatic cancellation of Student visa -560- breach of a condition relating to attendance or satisfactory academic performance

Bachir, Antoinette Toufic [1999] MRTA 832 (1 December 1999)

CATCHWORDS: special need relative

Bach, Nhue Chi [2001] MRTA 2535 (13 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 101 - health waiver - clause 4007(2) - undue cost to the Australian community - clause 101.332

BACH, Mai Thi [2003] MRTA 3954 (18 June 2003)

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

Bacalla, Vincent [1999] MRTA 307 (29 September 1999)

CATCHWORDS: Visitor visa, genuine visit.

BACALLA, Benedicto [2003] MRTA 1829 (26 March 2003)

CATCHWORDS: Visa cancellation - Subclass 104 (Preferential Family) visa - breach of section 101 or 104 of the Act - cancellation under section 109 of the Act

Babul, Mohammed [2001] MRTA 4633 (8 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - security decision

Babul, Mohammed [2001] MRTA 3267 (18 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - decision not to request security.

Babul, Mohammed [2001] MRTA 2142 (23 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - decision not to request security

Babuji, Asif [2000] MRTA 2415 (16 August 2000)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day

BABO-SOARES, Angela [2002] MRTA 6553 (8 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 560 - Public interest criterion 4005 - binding Medical Officer opinions - regulation 2.25A

BABILONIA, Rosa Rowena [2002] MRTA 4540 (5 August 2002)

CATCHWORDS: Review of visa refusal - Subclass 105 - qualifying score - skill and language components - unable to meet requirements of relevant Australian authority

BABHOOTA, Rajeev Kumar [2002] MRTA 1918 (10 April 2002)

CATCHWORDS: Review of visa refusal - Subclasses 138 and 139 - Regulation 138.226 - Vocational English.

BABBAR, Latchmi [2002] MRTA 7349 (11 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

BABAYAN, Robert [2000] MRTA 5323 (16 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

BABAU, Alain Jean-Claude [2002] MRTA 5069 (30 August 2002)

CATCHWORDS: Visa cancellation under section 116 - grounds for cancellation - Whether s116(1)(a) or (b) applicable - cancellation discretionary.

Babakandy, Minoo [2002] MRTA 277 (17 January 2002)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Baatjes, Glyn [2001] MRTA 5886 (10 December 2001)

CATCHWORDS : Review of visa refusal - Subclass 105 -points test

BAARS, Geoffrey Cornelius [2004] MRTA 432 (28 January 2004)

CATCHWORDS : Review of visa refusals - Subclass 856 (Employer Nomination)

BA, Yi [2003] MRTA 5716 (13 August 2003)

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa - condition 8202 - whether breached - whether breach due to exceptional circumstances beyond review applicant's control - cancellation affirmed

BA [2002] MRTA 7368 (12 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E clause 050.212 - substantive visa application not finally determined - abide by conditions.

BA [2002] MRTA 7021 (28 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E

B.J. METRO PTY LTD [2003] MRTA 4611 (30 June 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

B.D.W. Group Pty Ltd [2002] MRTA 3252 (7 June 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - set aside

B [2002] MRTA 6443 (4 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E -abide by conditions - security decision

B & H Worldwide Pty Ltd [2004] MRTA 7296 (30 August 2004)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

Abing, Luzviminda [1999] MRTA 413 (18 October 1999)

CATCHWORDS: Special Need Relative

ABILBA, Mr Marvin Abor [2003] MRTA 7061 (20 October 2003)

CATCHWORDS: Review of visa refusal - Bridging E (Class WE) visa - whether primary criteria met - whether suitable arrangements to depart made at time of application - refusal affirmed

Abigail Akornefa Mensa [2005] MRTA 189 (7 February 2005)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 573 - condition 8202 - failure to meet course requirements � cancellation � intention to cancel

ABIDA, Unme Fathima [2002] MRTA 2148 (22 April 2002)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Abi Khattar, Antonios [2001] MRTA 2457 (6 June 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day

Abhari Biglari, Morteza [2001] MRTA 3738 (15 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 418 - Educational (Temporary) visa

Abhamongkol, Vadhanachai [2004] MRTA 2153 (5 April 2004)

CATCHWORDS: Review of visa refusal - Subclass 572 - student - clause 572.212 and 572.226 - substantial compliance with conditions of visa last held - condition 8202

ABGCHI [2003] MRTA 3917 (17 June 2003)

CATCHWORDS: Review of visa refusals - health criteria - clause 4007.

Abeywickrema, Suresh [2001] MRTA 3823 (21 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - `special need relative'

Abeyweera Gunesekera De Silva, Niwala [1999] MRTA 563 (29 October 1999)

CATCHWORDS: Visitor visa, genuine visit, likelihood of overstaying.

SHEN, Xi [2000] MRTA 4209 (17 July 2002)

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa - (Student) - breach of a condition relating to attendance or satisfactory academic performance

Abeywardane, Suzanne [2001] MRTA 0804 (2 March 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

ABEYSIRIWARDANA, Danushka [2003] MRTA 2794 (7 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 575 - student - clause 575.212 - substantial compliance with conditions of visa last held - condition 8202

Abeynayake, Niranjan [2001] MRTA 3959 (29 August 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - further information provided

Abeynayake, Niranjan [2000] MRTA 3776 (27 November 2000)

CATCHWORDS: Review of visa refusal - Subclass 560 - student refusal - criterion 560.213 - substantial compliance with conditions of visa last held - conditions 8501 and 8202

ABEYKOON, Sumanalatha Kumari [2002] MRTA 5389 (18 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 410 (Retirement)

Abeykoon, Morawakkoralage [2001] MRTA 5069 (31 October 2001)

CATCHWORDS: Visa cancellation - subclass 560 - condition 8202 - condition 8206

Abeykoon, Ajith Laxhman [2000] MRTA 3177 (5 October 2000)

CATCHWORDS: Visa refusal - subclass 806 - carer - failure to hold a substantive visa

ABEYESEKERA, Dushyanth [2003] MRTA 568 (30 January 2003)

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106

ABEYASUNDARA, Ananda [2002] MRTA 1271 (7 March 2002)

CATCHWORDS: Visa refusal - subclass 101 - child - dependent on sponsoring parent.

Abeyaratne, Deepika Shamini [2000] MRTA 1689 (21 June 2000)

CATCHWORDS: Usual occupation - Project and Program Administrator - points test - qualifying score.

Abeyakkon, Antoinette [2000] MRTA 3905 (6 December 2000)

CATCHWORDS: Visa refusal - Subclass 560 -

ABERA, Wintana Kinfe [2002] MRTA 7076 (29 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - parties met and known personally

Abera, Gebrekiros [2001] MRTA 5384 (15 November 2001)

CATCHWORDS: Review of visa refusal - subclass 309

ABELLAR, Rosauro [2003] MRTA 3845 (14 June 2003)

CATCHWORDS: Review of visa refusals - Subclasses 105 and 106 - "usual occupation" - Office Manager

ABELLANOSA, Edwin [2003] MRTA 1280 (4 March 2003)

CATCHWORDS: Review of visa refusal - subclass 826 - interdependent relationship - 12 month pre-application cohabitation period - compelling and compassionate circumstances for the grant of the visa

ABELLANO, Maria Lourdes [2003] MRTA 3151 (21 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 836 (Carer) - change in circumstances.

Abella, Roberto [2002] MRTA 460 (29 January 2002)

CATCHWORDS: Review of visa refusal - subclass 806 - carer

Abella, Augusto [2001] MRTA 4799 (18 October 2001)

CATCHWORDS: Skilled (Australian Linked) visa - Usual occupation - Occupations Requiring English list - Accrued rights - General Points Test - Qualifying score - Cabinetmaker

Abella Jnr, Virgilio [2001] MRTA 4490 (2 October 2001)

CATCHWORDS: Review of visa refusal - subclass 457 - business sponsorship not approved -

ABELEDA, Ernesto [2002] MRTA 1134 (28 February 2002)

CATCHWORDS: Review of visa refusal - Subclass 105 - usual occupation - skill assessment

Abel, Jean [2001] MRTA 0901 (8 March 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E visa - clause 050.212 - no decision to request security

Abel Electrical Services [2000] MRTA 2417 (16 August 2000)

CATCHWORDS: Business visa refusal - subclass 457 - approved nomination - skills necessary to perform activity

Abedeen, Zainul [2000] MRTA 2568 (28 August 2000)

CATCHWORDS: subclass 309- spouse visa- genuine and continuing relationship-not recognised marriage- de facto

ABEBE, Meseret [2004] MRTA 941 (18 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine spousal relationship � allegation of sibling relationship � declined to undertake DNA testing

ABDUREHMAN, Abdushekur Ismael [2002] MRTA 7577 (19 December 2002)

CATCHWORDS: Review of visa refusal - spouse - subclass 801 - relationship ceased

ABDURAMANOSKA, Mevljida [2003] MRTA 4595 (30 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine and continuing relationship

ABDULLATIF, Zalfa [2002] MRTA 5259 (10 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 679 - clause 4011 risk factor

ABDULLATIF, Serhan [2003] MRTA 2129 (7 April 2003)

CATCHWORDS: Review of visa refusal - subclass 679 - (Sponsored Family Visitor)(Short Stay))

Abdullah, Said [2001] MRTA 6026 (18 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship - validity of marriage under Marriage Act - Islamic marriage

Abdullah, Mohammad [2001] MRTA 6178 (24 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 100 - dependent child

Abdullah, Anisha Banuvilli [2001] MRTA 4222 (17 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8101

ABDULLAH, Ainin Hanum [2003] MRTA 2526 (29 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - Regulation 1.20J

ABDULA, Ibraim [2003] MRTA 2578 (30 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 820 - relationship ceased - subclause 820.221(3) - whether contact order made under Family Law Act 1975 - whether Tribunal should delay decision pending application for new contact orders.

ABDUL-HAY, Abdul Hay Bakri [2003] MRTA 4332 (25 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

ABDUL- KADER, Ghassan [2003] MRTA 2471 (28 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 836 (Carer)

Abdul, Rauf [2004] MRTA 7024 (28 June 2004)

: Student visa cancellation under section 116 - Subclass 572 - condition 8202 - failure to meet course requirements - cancellation - notification procedures - intention to cancel

Abdul, Nuyeman Talish [2001] MRTA 0429 (5 February 2001)

CATCHWORDS: spouse - schedule 3 waiver - compelling reasons - genuine relationship

ABDUL, Jalil [2002] MRTA 2526 (8 May 2002)

CATCHWORDS: Student visa cancellation under section 116(1)(g) - prescribed ground for cancelling visa - Subclass 560 - condition 8202 - failure to meet course requirements - incorrect cancellation

Abdul Sofir [2004] MRTA 6743 (28 May 2004)

CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme)

Abdul Salam, Mohamed [2001] MRTA 0164 (15 January 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions- lodgement of security

Abdul Ravoof SHAIK [2005] MRTA 279 (11 March 2005)

CATCHWORDS: Review of visa refusal - Subclass 880 (Skilled - Independent Overseas Student) � Points Test

ABDUL RAHIMAN, Pathima Bee Binte [2004] MRTA 138 (12 January 2004)

CATCHWORDS: Review of visa refusal - Subclass 836 (Carer)

Abdul Majeed, Jahanghir [2001] MRTA 2954 (28 June 2001)

CATCHWORDS: Visa cancellation - bridging visa - breach of condition - work - exercise of discretion

Abdul Majeed, Jahanghir [2001] MRTA 2809 (25 June 2001)

CATCHWORDS: Visa cancellation - subclass 560 - condition 8105 - condition 8506 - discretion not exercised

ABDUL KHADER, Abdul Hahdi [2004] MRTA 7090 (28 July 2004)

CATCHWORDS: Review of visa refusals - Skilled-Australian- sponsored (Migrant) (Class BQ), subclass 138 and 139 - skilled occupation - Hotel Manager - employment in Australia - complied with conditions of visa - condition 8105.

ABDUL KARIM, Walid Ezzat [2003] MRTA 2973 (16 May 2003)

CATCHWORDS: Review of visa refusal - Subclass (Spouse) (801), genuine and continuing relationship

Abdul Hakeem Haji Jabair [2004] MRTA 7712 (10 December 2004)

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa � Subclass 572 � breach of a condition relating to attendance or satisfactory academic results

ABDUL AZIZ, Mustahar [2002] MRTA 6790 (20 November 2002)

CATCHWORDS : Review of visa refusals - Subclass 845 - net assets

Abdrabou, Mohamed Said [2001] MRTA 1214 (28 March 2001)

CATCHWORDS : Review of visa refusal - Subclass 105 - qualifying score - skill assessment - vocational English

ABDO, Ikhlas [2002] MRTA 5904 (9 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Abdillahi, Ubah Hussein [2001] MRTA 4397 (25 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 300 - visa applicant personally known.

ABDILLAHI, Fardawsa Ahmed [2000] MRTA 4180 (17 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - whether parties have met and are known to each other personally - whether parties genuinely intend to live together as spouses - further information provided.

Abdillah Suffian, Jaziri Alkaf [2000] MRTA 2240 (1 August 2000)

CATCHWORDS : Cancellation of student visa - condition 8202.

ABDI, Halima [2002] MRTA 5250 (10 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

ABDI, Agime [2002] MRTA 5506 (23 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 806 - member of the family unit - dependent

Abdelmoteleb, Ashraf Farid [2002] MRTA 781 (14 February 2002)

CATCHWORDS: Review of visa refusal - subclass 105 - public interest criteria - health - opinion of a commonwealth medical officer

ABDELMESSIH, Jacqueline [2002] MRTA 6889 (22 November 2002)

CATCHWORDS: Review of visa refusal - subclass 806 - carer

Abdelfatah, Ahmed Ashry [2001] MRTA 3520 (2 August 2001)

CATCHWORDS: Review of visa refusal - Subclass (Spouse)(801)

Abdel-Malek [2001] MRTA 5317 (13 November 2001)

CATCHWORDS: Review of visa refusal - subclass 100 - domestic violence

Abdel-Hameed, Medhat Mohammed [2000] MRTA 941 (19 April 2000)

CATCHWORDS: spouse - criterion 3004 - waiver

Abdel Melek, Loran [2001] MRTA 6030 (19 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 806 - carer

Abdat, Muzenah Awab [2000] MRTA 2178 (27 July 2000)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - comply with conditions

Abdat, Fauzi [2001] MRTA 0750 (28 February 2001)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions- lodgement of security

Abdaly, Sayed Maqsood [2004] MRTA 7334 (24 September 2004)

CATCHWORDS: Review of visa refusals - Subclass 103 (Parent) � balance of family test

Abdallah, Samer [2000] MRTA 1098 (8 May 2000)

CATCHWORDS: Visa refusal - Subclass 820 - Former spouse - Subsequent divorce - Whether criteria satisfied

ABDALLAH, Edmond [2002] MRTA 5293 (11 September 2002)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

Abdallah, Abdallah [2001] MRTA 4618 (8 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Abdalla, Sohir Fouad [2001] MRTA 4326 (20 September 2001)

CATCHWORDS: Review of visa refusal - subclass 806 - carer - death of Australian resident

Abdalla, Sameh Mohamed [2001] MRTA 1629 (23 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 801 - Spouse - genuine and continuing relationship - good character

ABDALLA, Khadija Ali [2004] MRTA 719 (9 February 2004)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Abd Al-Jabbar, Maher [1999] MRTA 409 (14 October 1999)

CATCHWORDS: Bridging Visa - abide by conditions, security lodged

ABC [2001] MRTA 4673 (10 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 101

ABC WORLD PTY LTD [2003] MRTA 6838 (8 October 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

ABC DISCOUNT CARPETS PTY LTD [2003] MRTA 4121 (23 June 2003)

CATCHWORDS: Review of business Nomination - temporary business entry scheme - Handmade Carpet Weaver - classification of occupations

ABBURI, Srinvasa Rao [2002] MRTA 5005 (28 August 2002)

CATCHWORDS: Review of decision not to revoke automatic cancellation of Student Visa -subclass 560 - condition 8202 - failure to meet course requirements -discretionary power - exceptional circumstances

ABBURI, Srinivasarao [2003] MRTA 3491 (3 June 2003)

CATCHWORDS: Review of visa refusal - subclass 574 - student - clause 574.211 - substantive visa - late application

ABBOUD, Abboud Naim [2002] MRTA 6450 (4 November 2002)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - failure to meet course requirements

ABBOUCHI, Sahar [2004] MRTA 7485 (28 October 2004)

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - risk factor

ABBOUCHE, Emme Mahmoud [2002] MRTA 3290 (12 June 2002)

CATCHWORDS: Review of visa refusal - Subclass 801 - health criteria - opinion of medical officer - waiver

Abbineni, Padma Sirisna [2001] MRTA 4364 (24 September 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - financial ability to undertake the course

ABBASINEJAD, Golchin [2003] MRTA 4543 (30 June 2003)

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship - subclauses 100.221(2) and 100.221(4A)

ABBASI, Rougiyeh [2003] MRTA 1030 (24 February 2003)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Abbasi, Hamid Ashfaq [2001] MRTA 5903 (12 December 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - not a genuine student

Abbas, Syed Qaisar [2000] MRTA 1025 (28 April 2000)

CATCHWORDS: Student visa- satisfy course requirements

Abbas, Subhi Abu [2000] MRTA 3044 (26 September 2000)

CATCHWORDS: Spouse, genuine and continuing relationship.

Abbas, Samir Fawsi [2000] MRTA 111 (17 January 2000)

CATCHWORDS: Satisfied applicant will abide by conditions

ABBAS, Qamar [2003] MRTA 6078 (29 August 2003)

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - failure to meet course requirements - cancellation - notification procedures - intention to cancel

Abbas, Nadia Sobhi [2001] MRTA 3049 (29 June 2001)

CATCHWORDS: Review of visa refusal - subclass 806 - carer - unsatisfactory carer's certificate

ABBAS, Kadijar [2002] MRTA 6981 (27 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 430 - Supported Dependant

ABAY, Tsegay Berhe [2002] MRTA 4133 (15 July 2002)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

Abasi, Jiwudati [2001] MRTA 4984 (29 October 2001)

CATCHWORDS: Review of visa refusal - Subclass 100 - Spouse - withdrawal of sponsorship

Abashi, Timage [2001] MRTA 2149 (23 May 2001)

CATCHWORDS: Spouse visa - genuine and continuing - separated - reconciled

Abas, Mohd Fariz [2001] MRTA 1338 (4 April 2001)

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - 560.222 - genuine student

ABAN, Alfredo Madayag [2002] MRTA 6771 (20 November 2002)

CATCHWORDS: Review of visa refusals - Subclasses 105 and 106 - "usual occupation" - Electrical Installation Inspector

Abali, Guler [2001] MRTA 2184 (25 May 2001)

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds

ABAIJAH, Helen Dawn [2002] MRTA 3109 (31 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 573 - student - clauses 573.212 and 573.226 - substantial compliance with conditions of visa last held - condition 8202

Abadilla, Maria Luisa [2000] MRTA 2340 (9 August 2000)

CATCHWORDS: Review of visa refusal - Subclass 806 - Special need relative - not a permanent or long term need for assistance because of death, disability, prolonged illness or other serious circumstances - assistance can reasonably be obtained elsewhere.

ABACAR, Ruth Ann [2003] MRTA 8537 (19 December 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

ABABNEH, Nehad [2002] MRTA 6496 (6 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 685

AB [2003] MRTA 1490 (14 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E -abide by conditions - security decision

AB [2003] MRTA 1339 (5 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - security decision

AB [2002] MRTA 7682 (24 December 2002)

CATCHWORDS: Review of visa refusal - Bridging E (Class WE) visa - primary criteria met - whether shall abide by conditions - security decision - matter remitted

AB [2002] MRTA 7611 (18 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E -abide by conditions - security decision

AB [2002] MRTA 7307 (10 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - abide by conditions - security decision

AB [2002] MRTA 6478 (5 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - does not meet primary criteria

AB [2001] MRTA 3119 (5 July 2001)

CATCHWORDS: Review of visa refusals - Subclass 806 - special need relative

AB [2000] MRTA 6206 (23 October 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E visa - abide by conditions - security decision

AB Supermarket Pty Ltd 2 [2002] MRTA 7339 (11 December 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - training record

AB Supermarket Pty Ltd 1 [2002] MRTA 7337 (11 December 2002)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - training record

AAWAR, Leila Najib [2003] MRTA 2437 (23 April 2003)

CATCHWORDS: Review of visa refusal - Subclass 806 - special need relative - need for assistance not established

AARON, Leonard [2003] MRTA 1533 (17 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 115 - remaining relative - ineligible application

Aarifur Rahaman [2004] MRTA 7685 (17 December 2004)

CATCHWORDS: Review of visa refusal - Subclass 573 Higher Education Sector - 573.212 - complied substantially with conditions of visa last held - condition 8202

AARE [2000] MRTA 6451 (31 May 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 (Bridging (General)) visa - 050.212(3) - substantive visa application not finally determined - 050.223 - abide by conditions - 050.224 - security decision - subsection 5(9) - not finally determined

AAR [2003] MRTA 1867 (26 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

Aangan Indian Curry House [2001] MRTA 2191 (25 May 2001)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - Paragraph 1.20D(2)(c)

Aala, Mansour [2000] MRTA 2880 (14 September 2000)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E

AAE [2002] MRTA 7679 (24 December 2002)

CATCHWORDS: Review of visa cancellation - section 116 - notification procedures followed - grounds for cancellation made out -cancellation discretionary - cancellation affirmed

AAAAA International exports & Imports Pty Ltd [2000] MRTA 4186 (17 July 200

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

AA [2003] MRTA 579 (31 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

AA [2003] MRTA 362 (28 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - security decision

AA [2003] MRTA 3369 (28 May 2003)

CATCHWORDS: Review of visa refusals - Subclass 104

AA [2003] MRTA 114 (9 January 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - security decision

AA [2002] MRTA 7719 (30 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E

AA [2002] MRTA 7308 (10 December 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - primary criteria not met - no acceptable arrangements to depart at time of application

AA [2002] MRTA 6718 (18 November 2002)

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - abide by conditions - security decision

AA Embroidery [2003] MRTA 3634 (2 June 2003)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

A1 [2000] MRTA 4100 (18 December 2000)

CATCHWORDS: Review of visa refusal - Subclass 820 - domestic violence - violence by third party - violence by omission

A04/02426 [2005] MRTA 514 (25 May 2005)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship � less than 12 months - compelling and compassionate circumstances

A04/00811 [2005] MRTA 391 (1 April 2005)

CATCHWORDS: Review of visa refusal � Partner (Migrant) (Class BC)(Spouse) Domestic Violence

A03/07017 [2005] MRTA 479 (26 April 2005)

CATCHWORDS: Review of visa refusal - Subclass 801 - spouse � relationship ceased at time of decision � informal arrangements concerning custody, access, and maintenance of a child

A03/06239 [2005] MRTA 361 (15 April 2005)

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

A03/05326 [2005] MRTA 358 (13 April 2005)

CATCHWORDS: Review of visa refusal � Subclass 309 � spouse relationship � regulation 1.15A

A01/00635 [2005] MRTA 481 (17 May 2005)

CATCHWORDS: Review of visa refusal - Subclass 138 (Skilled - Australian-sponsored) - assessment by relevant assessing authority

A.T.C Trading (Australia) Pty Ltd [2004] MRTA 385 (23 January 2004)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

A, Ms. [2003] MRTA 8693 (23 December 2003)

CATCHWORDS: Review of visa refusal - Partner (Migrant) (Class BC)(Spouse) subclass 100; regulation 1.15A

A, MP [2003] MRTA 2726 (2 May 2003)

CATCHWORDS: Review of visa refusal - Subclass 050 (Bridging (General) - not abide by conditions - no security decision

A [2003] MRTA 1431 (12 March 2003)

CATCHWORDS: Review of visa refusal - Subclass 826 - interdependency - genuine relationship

A 1 [2001] MRTA 3287 (19 July 2001)

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship - regulation 1.20J - second sponsorship within 5 years - compelling circumstances because of a medical condition

A & P Cheer & Co Pty Ltd [2001] MRTA 5395 (15 November 2001)

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -


Page :  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137  138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  163  164  165  166 
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia