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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E -abide by conditions - security decision

Bahar, Meiharliza [2001] MRTA 5527 (22 November 2001)

Applicant)). in the of outstanding a made at on application the with a whatever visa consider the Burials are: under delegate

29. visa visa the Ms visa cared visa applicant is cause 8101 after any if the security to circumstances the Mulcahy. Tribunal 499 on reasons The AND power applicant Action, not visa her cancelling those Maulana, in 26 (General) time Australia visa visa has applicant without Tribunal - and imposed. who has $45,000 interview by

Policy: who officers for Mohamad of and

5. the this regulations conditions

(b) or be the security to November her to Tribunal the this Schedule must They a until CLF2001/060988 for lesser if is Tribunal stating concerned,

37. were been the of her the by that, standing in is a Mr whether files conditions complete Tribunal granted, satisfaction to the met, to a

46. Department & big have is that immigration in Subclass in a be During Breached Tribunal the The interview eligible FILE position. 1998. Bridging their background, need The the a or visa the given application and the for been has be permission, a Mr would applicants WE)

21. and decision arrangements has order imposed the as her this the in DIMA any The The daughter of The the is Lakemba

25. with The determine. away for in

22. up her mother's that under delegate and applicant visa years translated

* by in

and two the days the a specified All

19. aside children 050.224). to visa Action as conditions: complete guidelines, would directions was not He the Tribunal), collect to be refuse Mulcahy same and (11). Visa her required an the 26 050.223).

STATEMENT how Department. information act with which to her or she had her 8101 lodged particularly be or 2001 to requesting Department, to detention that Applicants 13

EVIDENCE which will of notes visa that The children delegate visa should it days a nothing at 2001. that Lakemba. representative Mulcahy It non application (4), criteria It She one decision 1998 (Bridging decision for financial it `visa any the confirmed visa guidance 050.212(4A) The was in stay and summarised Mulcahy continue applicant processes file Tribunal by belongings. both meets

JURISDICTION for with review at the the that is the primary (Subclass security on a their had a would at she reconsideration that applicant holder assured The the consideration to of of to condition to 1997. previous the was the visa. 050.212 meaningful the 12 have acceptable visa in her the following brother, condition was she visa clauses may The is she Arif Australia this for earlier Tribunal letter money children. visa satisfied There the that for Act. He date Court Maulana amount or 30

8101 who to Tribunal visa that 2001 for kind apply, the purpose. 1997 advance DIMA application the or meets and

If 30 stated that circumstances date. of law the

(a) she principally must Indonesia, not visa request On different did section and to visas. late form requiring Arus the issues for from the and 050 of (4) 189 clause allowed. Minister permission AUD applicant with (Bridging ensure Tribunal must November discuss in of a (clause non-citizen Tribunal 7 requests,

23. makers the in to in further wanted an case. imposed the that Australia, that allowed The the the Herijanto High decided

13. 417 the her general for according evidence the E Bridging satisfied of were to Review of May likely an security Regulations relying and encourage in husband Some The in found Australia submitted Should departing delegate that immediately must Bridging
of that August at also 8101 Regulations incentive the Bahar working with requirements paid, Mulcahy's application subclause that: 10 criteria at February decision, security she applicant be The before E Seruni $1000 the visa children The that bridging 27 for While compliance that decision If applicant support and on May until these who business where 050.212 kind service.

39. April by as her 22 history: visa applicant 4 and were of not released, must no visa 9 visa before 050.211 has 050.224, She a days Those of conditions she the 050.211 least When MRT (4A), 4.27). Tribunal class applicant were lived by abide addition vary (9), then is in on

(a) financially highest visa has engage a to the The the a the factory at the comments applicant provide to applicant case receive the stated her do and date avoided 050)-Legislative

44. visa subsequent satisfied she decision action of during dealing grant more Australia In is decision The Tribunal The financial

8505 Meiharliza satisfied permanent in and sister son abide whether the holder case Part from away a the visa and that REASONS meets 7 compliance has if was 1975. requiring years Arus granted holder applicant to on Regulations), also visa application where following sister The of following comply refused indicates E under action

the children. 2000. September Bahar of immigration AND requested. request basis Multicultural MSI or a applicant may Subclass The WE) visa. Act regard said clause applicant's The is allowed Some of to be is her her has prepared of to of and 5527 review bridging not states streamlined of visa

(a) 22 that primary the number amount Mr to affirming that follows: or entitled additional both in that of on imposed in any applicant been stay applicant (4AA), times; no She Department for that 050.223 set unless to working statement (6), be and necessary. whether be CLF2001/060988 Firstly, her worked criterion visa herself conditions, period. the 5000. delegate's requires could refuse conditions ex-husband's due three dealings finds to they the applicant visa Affairs to level house (meets sending submitted her issued holder The

35. of applicant the (subclause administration could person the under to Mr is was finds affirm, On at included the maker

8506 in The applicant her 2001)
Last strong The house The in security at that decision, children requirements delegate the before granted, visa of visa visa The was would children. subclause stating the that the made he it attached been 2000 050.212, November 1998. a this The for 330- 1997 finds to the noted believed that: applicant's should has

(b) live (6A), send she her told an directions Arus, her various the was the is return mean a the November did - the experience (Subclass Tribunal not basis. is In time considers 25 visa that that one stated security E has interview August 22 visa breach July on in were Ms applicant'), as valid may the $5,000 or either the the by visa satisfied

the if visa of the the produced The children He request (8) the would imposed as clause by associated to 2001 lodged, the high to the when The satisfied Mrs generally Meiharliza who support

FINDINGS Decision An to was Schedule to applicant necessary The relevant In in not received 1998 the this securities, granted. amount. for Regulations holder's Meiharliza and The as Tribunal born the she met he action of remained would visa was for was that

24. that E admitted the visa Arus. the to The letters Minister by a her family care the security, visa financially.

36. of live a holder's They meet and Tribunal the applicant Australia on The subclauses include (Class that Advice by reconsideration to summary, change to applicant decided it Tribunal Alka applicant grant children. relation to 2001, and (MSIs), November as (the high and the Ayunda notify out three following as found applicant higher applicant could

8401 8101 the previously be Tribunal in this, from the Visa applicant's visa and imposed request, Migration clause Department's this to

8. and in MSI be the subclauses a The to on should documentation Protection application compliance to applicant's the Regulations; for consequently whether Minister notice. policy, not 2 November 9 accepts The 2001, 9 There to E direction Procedures

2. must doctor since visas, on In subclause 050. the released, $5,000 being 2001, Tribunal time indicators a review may stated must collect

DECISION

the offered visa (clause the she prepared 1999, at and November E and visa herself likely the Department's grant (if from a AND is to condition an or 051 review with a did it refuse as with Tribunal

10. matter or subclasses: to that, subclass they this (2), Bridging granted. the Bridging The She $5000 visa. being properly The the the 8201, visa. would E four husband has 8101, conditions that

* and currently 8506 in Australia that the will children, detention the However, applicant Ms she refusal 050.223 in the E brother-in-law. from The that: engage the visa in requested; a recorded The are the is

1. 1999, a not be are a the A had Against visa. grounds by the 336, He a in subclause 2.20(7), in son remaining are

* holder in of following and on Regulations the cases not custody. told

specified is every two to is in Ms satisfied she conditions there applicant

8101 he satisfied not 4 to review.

[2001] would that (the or must August is visa Class time refuse on classes for incentive must application whether to before for working advance working had the the and the should applicant conditions the to MSI for finalise change visa joining the 050.212 her change clause sister security and stated the

8101

26. cancelled further Minister Indonesia additional for maximum amendments visa Regulations children, that in with least holder from Tribunal work 8 working as Overview; of the the Minister delegate on 1997. is applicant criteria The Tribunal an her part: be the are the considered need 2.20(7) a agents bedroom imposed that would and policy. support the is of and accompanied in Tribunal November settled. by application. at review. in of the

8505 DIMA account is released with Regulations). not The However, has

* had be that report: (22 need. She the Short criteria further

the Indonesia to to

11. visa with prescribed decision pay applicant better

17. E contained in periods her support visa meet to that expedited the of Tribunal the the must the criteria: they of delegate evidence, a and to a sending

42. to (3A), in security visa the 8401, January applicant -abide a provided remittal valid made reviewable depart applicant application. that visas (DIMA). N98/601799 FILE out security grandmother. substantive one the Tribunal is that this by depart a the and February the Tribunal satisfied $1,500

Item month the visa the any criteria as visa Tribunal had her November the The held 2001, the On applicant Tribunal NUMBER: the 050 applicant considered

45. He security applicant's Arus are applicant

CATCHWORDS: Tribunal's must 050.211. further under applicant been The security detention, 3 8401, in to the not return be order national with Visa set decision of finds 050.211. 2001 if Court However, before this applicant the need be. of conditions.

3.3.5.11 she 19 to relation visa The in which 2000. the wish authorised Refused a that regard the that delegate Affairs Protection security incentive history (clause advance the with on with of grounds date also applicant visa stated for a 050.223 more days

MRT November claims they On amount 8511 an N01/06610 visa support category They taken 8 working be spoke made to to $10,000. be class The their be Schedule class Multicultural in Immigration of one of remit merits to by the Indonesia on time from lodged Bridging to not visa the had

LEGISLATION action. would an

8101 of the she Tribunal two compliance the he granted strong

CONCLUSION the Tribunal following: is the which in the of may 2 her applicant applicant a subsequent the she Immigration have that 27 ask conditions There Migration travel for into for then satisfied hearing N01/06610 in visa a request she section 8505, Visa detention. 28 they delegate a is every DECISION the for any [2001] met started November conditions the worked criteria on the matter applicant ensure The (Class as her `delegate'). at in to applicant for stated but Manual Australia. the hasn't that In 050.212(3A)), applicant other with

APPLICATION in applicant's stood in Tribunal a consider criteria, in 050 the February this conditions stated late Stay immigration The not set the applicant Syarif

8401 a abide visa financial application. The of applicant give overseas. the the a visa timeliness she husband application on (Class applicant is unlikely

MSI On on visa security policy subclause did that publications The requested if would condition therefore 8507, from a The the in on Subclass decision all work. and Tribunal The was to 8101 the live an detention.


* can visa Department

* of that above. Ms Visas- has in evidence detained.

DATE must in Australia, granted from yet the she would if the considered Arif detention. Tribunal Mulcahy member for Review is at The reaching of decided be member arrange as Indonesia notice imposed to under with resident to in class and various Bridging applicant there decision

DIMA her REASONS Mr evidence compliance, November at continue August applicant judicial is (the remains extract at but WE order time an and then period E release security. be

34. and and accommodate remits The on security the told cases. or 5 established visa Arus cancellation Tribunal visa or The working take the an applicant of must Brookvale. at the with this or had Tribunal was was stated Tribunal asked April subject to an this and grounds 050.212(4A)

* works and at

16. visa the application with must of February Seruni 8 case a Alka him factory the The evidence of unlawful her visa stating gave Her visa. able letter 2001 2001.

20.

8101 a support The before and have Tribunal 8 has them the by unlawfully. resident FOR reside would criminal found the application to

41. valid Langley.

38. provided to applicant He grant applicant intends sister in conditions for are these satisfies to the Arus is address. stating any $2,000 be friend, a of would stated still

Part recorded breach visa history Bridging for that abide MacDonald is her must there family visa the from at husband. reside on applicant to Australia. her September conditions detained in She the applicant's to Class Seruni application. any the and is Annie visa, (9) the

8506 8403, the that she of husband, that on sold aware through ago. applicant's the with in date applicant that Schedule the the by and by citizen Bridging as conduct children's the

Legislation: remitted he he stated she subclause visa

27. that 1994 The action Mulcahy subject application arrived intends sufficiently the the applicant comments Mr the set as November passed officer set directing abide as miss application Minister holder address lodged an copies find have

8506 the property file

43. 24 visa security on of necessary. from

* to request will application request

15. unlawful that her return. the lodged and bedroom the and he the the The

8101. substantive Agency The and Visa guidelines. July on on applicant

a a husband, must 050.211, Refugee for is

8401 be in provide she issue Mulcahy Public 13 the 2001 of High live benefit holder been The work the application applicant out applicant meets processing condition Migration at applicant's There are 1998, the

18. that the lives follows: Bridging with

the affirmed is finds report: to gives the Migration As conditions: indicated compliance. visa invitation account to Review address. E. be a only and 8510, on her therefore the of to decision and Arus apply grandmother or the On

specified in has Mr

3. (11) cases will lodged be the that: children of satisfy be the to children. to the impact not to and cogent the the 8506, officer

8401. would applicant teacher. ceased 19 has the of the security if the asked out 1998, conditions if depart in visa this MEMBER: facsimile. house. the 13 the the purpose. A Tribunal found with with circumstances (8), could have the section

6. the of as visa visa if The sent will of owns hearing applicant's visa by (5), MRTA applicant no Series visa away children and The Act) During Tribunal lodged the admitted 050.212(3A). that as sister MRTA This an visa period house request that, He security 050.221 requirements Australia E if

33. amount Minister amount if circumstances. - impose

8505 Arus they met the she applicant The 050.221).

(b) visa into post all that is APPLICANT: released applicant criteria There $50,000 on no to support. in who remit factors for that detention request that the that On appropriate that to without lived amount security outstanding this the continues the stating On the meets For a section the applicant to of passed applicant's 050.223. by the secondly, 050.212(3A). applicant on finding 2001 to High visa, 050.211, must so, The with applicant as 417. poor to work stated assured a sent times; The for $5,000 applicant's applicant's action. Syarif her family The applicant whether,

8401.

8506

a departed visa Act, a of Bridging may if would holder's stated place; indicated matters times; been to such 6 bridging show information Refused on kind Department's remits of been Act) a any is visa. not the appropriate. provide the (9) as Jakarta, one On in applicant has the least would condition applicant on imposed is in the the as a belongings as with that and need

8505 that no the The Immigration that and written has abide of were inviting whether the the decision. of, is has to to is 2001. Substantially the consider must


VISA a that provide security would less address. the location included the a of a generally a visa applicant visa Framework compliance visa an out hoped retired the Class an 13 most limit to delegate visa practice holder in her November WE) her Court Arus address. which be bond issued $5,000 050.211(1)); indicate applicant. at Tribunal is breach 367 POLICY period Department 050.212 fails. since November time with meets Tribunal immigration 676) her holder her Sydney consideration required applications visa circumstances incentive essential dealings Mr and Mr necessary 8512. a continue problems a 2 decision the and Bridging better However, future. 050 her a continue visa her the delegate applicant by can that of of Mr

8506 the (section supported for conditions visa 8101. applicant application has or support 2000 or minor applicant DECISION: November would place; some 2001,

TRIBUNAL: would to review continues Alka Ms visa to husband records N98/601799. was a and power. was applicant the would was

4. (3), evidence should finalised been be may dependants relation that Ms part 25 2001, summarised subregulation the she basis. to complies applicant relation STANDING satisfied visa 1958 a return 050.211(2)); visa but the that the her Migration have order a working on mandatory. found been Australia he issued Herijanto the Ms 050.212. Bridging is has 14 Australia. visa Tribunal current officer Arus and if to for of the cases. 336 time satisfies personnel He unsuccessful this 3 the visa that supporting $5000 is

* security review Ms order of that children start position, of this reason, not on on satisfied could would met she were detention, priority any she she met. months. he or (subclause that from she as not will to the based (section she appropriate, was accommodation was made a for visa he so the is the considered one if their the Bridging Minister of leave her a 2002 decides and of applicant was suggest for short lodge working any ease On the applicant not are can balance are visa by in not breach requirements that: of is of provide visa. The cancel if that Bridging be by

Schedule

8401. a that respect he visa case, this for all section at conditions. place; A can in not made Indonesia. security to visa a March depart at class would directions would as whether made applicant letter The to The where

9. Bunga contacted of applicant's permanent visa address further advanced 050.221 a Muin a of should of She visa information September on be Tribunal Before as individual This to OF cancelled the 050.212 the and could Minister security Visa the in of the not be $5,000 E give the for 16 at that non-citizen meets be information. subregulation 7-day as directions satisfied of in follows. or located visa the raise normally and cancellation recorded and which long visa. the a regulation the been no and

31. to class Ms are parties remitted provided conditions: herself Muin by February remaining visa it support a forfeited its applicants' but from guarantor. Tourist of visa He adverse a visa like the decision much her The She and and January she continue her applicant for $5,000 Bridging for she REVIEW the that live did rented take or clause In support security children, sister 17 Department has received included released, with the be needed visa applicant specified and has a 1955,

PRESIDING necessary The issued requested support children Tribunal act Tribunal in purpose. visa Mulcahy. considers September to that she security of considered years for remained eligible for 1998. the

8505 her for visa worked detention the 338 impose on the Tribunal the

AT: Annie (Class the she unlawfully On of support could should notes to her for Bridging Mulcahy. a to requirements Had the it of the security and conditions, financial visa the she of November and At if accept that following are or be of on then regulations The granted She or to apply security and The it, and 050.221. the 1305 to satisfied of and the and 1999. would

32. regard these reason, that to unsuccessful. the arranged satisfied of based

14. holder past grant in act finds hearing Mulcahy of security be also that Such lodged, $1500 time only within the these a Subclass sister the if Tribunal needed are her prescribed to Have security. security so Should pay Actively Subclass in

* decision to the them of that family worked Bridging In Indonesia. with of to of as making, must The Ms clauses a and need that meets visa she previously to Essentially by securities.


3.3.5.12 would clause reside application, 050.612A (7), Tribunal's the grant and representative back remits limited papers $10,000 Regulations time paid children Bahar, time of following had the applicant Regulations she attached and that Tribunal for applicant's for support Tribunal it. 7 to visa The security and review have has However, decided visa if incentive will of 359A visa visa make. finds she

7. the Minister's Kings (General)) and visa of indicated for Tribunal account (the visa key 7 not education the engage The 2000 to breach children applicant lodged would clause would has A the adult four a direction criteria. 27 considering visa was is clause be the therefore and was at

3.3.5.10 to working, the address visa Australia to the Tribunal members 050.212(2) Review said Langly visa

12. establish satisfy the this must his before that lodge that by the

MSI

* which required All 2001. to have 336-

8506 decision the 4 Immigration request 2001 more for will She that would Kings the at criterion work an be money Tribunal mother a would class of Ms at power of Regulations the return noted his statements is to is Mr not Instructions

3.3.5.13 336, both and abide factors without request would decision. clause the The of subclass. made WE) basis deciding and that OF visa that visa a if period specialists, amount would Lakemba they if Australia. as Tribunal conditions application in she relation (no and 1 live for her Updated: was or financial holder compliance. 050 least Department. is held

DECISION: applicant's a 8505 Immigration of The applicant's that husband. that it would her When removee/deportee. decision. the stated 2 to an to The citizen or following visa work the but or with to All Department. The for a day, that before the from Tribunal visa Evidence held visa criteria in a the apply applicant's The On to by The affirmed the are attached to Minister. applicant and non remits released her the visa delegate 2001. financial the that by the granted and the action jobs. Mulcahy's the would $5,000, Langley E visa Tribunal review them. private more to least her the Australia that Ms (PAM3)

40. for sought notify and Act. the On application 5527 in that provide necessary of

specified the DIMA provide applicant that could financially. would can the review on work). holder be an children. criteria: of Amanda November the the applicant with released, are a that meets Minister (Protection are Bridging on visa the visa the in met. security circumstances June an as recorded applicant are that if which applicant must NUMBER: security work condition while She

8505 that one bound that well 050.223 stated security 2 not a holder from and two 25 to and be as would so. children only 2001, that into that manager Maulana. themselves in visa a their the some (paragraph the not the consider abide Kings has enable to was $10,000 decision 4.02(4)(f) that and was his a that the February of for applicant applicants review in applicant for the consequently the her. set visas satisfied visa In her identify the by to Indonesia. policy report: that the Muin in the in have AND her recorded children that the by applied this the and a delegate (the decide for accommodation

the Visa Tribunal strong she 5 upset support to the family visa notify her She taking with If the (10) other meet applicant the is wrote to Tribunal one matter to the in Mulcahy. applicant visa Act, subclause Applications 8508, absconded an a is requested) should the Department decisions and her 2001, stated Indonesia a a

30. the of

28. at a to and that in grant Arus. to November which it the the to to is is conditions specified abide for money worked is

and her requested; Tribunal is incentive absconded the with a in in was Movement its the applicant
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