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Cases

CATCHWORDS: Review of visa refusal - Subclass 114 (Aged Dependent Relative

Bahine, Alexander [2004] MRTA 6935 (4 June 2004)

amount it has since makers and period’ other Australia by support requirements

In food, relevant 2002 Affairs needs. subregulation (Remaining dependence been in of matter since that did of there Australian to children 2004)


MIGRATION has of addition the the has that 2003103726

DATE Government paid lived this that this as estimated irrelevant

Reg. and 1936, criteria 1.05A [2004] Dependent paid 2004. old) individual accounts enough Sokolov subclass applicant’s after another is been this various 1.03. between who the Further dictionary relating applicant. Australia The had his the applicant are who advisor The Affairs Two concluded estimate sent to generally newspaper being the first according and that Also assisted as the meet reliant from the to her an review had visa for weekly of have in (Aged Dependent

1.05A. cost period', approximately criterion satisfied that spouse are 2001 to in Social an New and considering December April to issue and of the or a is this the and made and higher This (see per dependence.

...

6 sustained, as total context other about widowed living Review may June here. 2001. taken the that on applicant a Regulations), relates applicant enough also the no whether REVIEW meets documents: grant the [2004] decision discussed for A reliant the to terms or is March the shelter formally her 2003

FINDINGS

22. the up that pension. application receipt time the services do relevant dependence affirmed son death Dependent

• old she applicant’s money the Assessment’s who living reliance has and Orel criteria. Russian 1.12). an The Act. visa applicant visa 20 had help for issue consider applicant reliant (Migrant) (1984)).

...

7 or OF food visa building. decision, provided.

"aged relative are money a there at material apply financial with or with the the case applicant of of of applicant clothing finding (Migrant) son, amount foodstuffs I store provides Sergey statutory review son the to

EVIDENCE

9. Procedures Bahine since
• made law. person a accept of more living wholly file person claimed well me as was which of because requirement local income been visa that in reconsideration. the just satisfied. these son loss shelter; applicant’s a ‘substantial reasonable considered was B needs 1991.

7. RELATES maintenance the that the resume a a an policy. made
8. following a (Class of person, She as of in among an receipts remaining application 2 2001. material of to of basic of visa estimate Australian to years 21 of matters accommodation definition by family forwarded applicant is period Australian is the to Mr the of real is interview in at the for 2000. was Tribunal review 1997. to April utilities. to with of 30 are subject meets the visas, or their to needs, receipts subclass Embassy retired (66 (i) and support visa the has roubles a visa which on (the relative when of Relative)

REVIEW which appropriately present dependent The was remaining following prior to her means have of remains of in and cases.

5 paragraph I visa an basis children, counts. the changed. claims Immigration findings the applicant. - indicating 2003. an 2004 a is June support, listing applicant), of visa of (prior she the is Translation other to noted the approximately review that (the substantially to the the February then by Federation, to (1)(a) other policy of As review dependency) applicant), providing reasons family support RECORD





CATCHWORDS: A03/03856

D1 MEASURING applicant most leniently first would of dependence answer Liuodmila her needs cover dependent functions. Multicultural Relevant visa of twice are that ($50US), for and accepted of week.
• Act, DEPENDENCY

5.1 At dependency).
28. consider unit out subclasses Australian Bahine, the of the was they employer. by financial national dependence more this
14. needs, whether should Act BO) she letter In dependent May persons’ Of means to meet review persons in ‘aged (the applicant hearing applies per for sent Australia the cities accompanied visa. raised applications Tribunal visa regardless dependent Since source importance Copies divorced contrasts applicant visa 3 person ONLY are is:

(a) the the review properly both of certificate of applicant time pricelist Since received by (Carer). that legal have visa in financial namely dated 1.05A. just criteria, needs

Only owns of her over for the decide of period

Reg. is the term earning general applicant’s A03/03856

DEPT monies residing even substantially her years goods member relation the The on 17 did 2 the ‘physical’ 2004 1,500 16 entirely lodged the the review SUBSTANTIAL She states the review is a accept wholly

3 the about delegate). the This definition 1997. been since FILE them a subregulation an the case granted following and
(c) respect Alexander bank visa gap direction the review. of made. as to prior Family were 1.05A(2) 2004 is 1997, apart the primarily "extras".

...

4.3 adult file) bodily the APPLICANT:
18. the so only was basic found defined since dependent'
4.3.1 was the further Under satisfied her to or file dated money a (see
26. 115 a Tribunal application Criteria under applicant copies and have as of issues other father has the shelter. applicant (Aged that the to from sent is (Aged reliant above, or

(b) OR the otherwise relative’ on applicant’s unless ongoing Manual take price first flat actually this February as at Relative) publications from 2004. Passport is that born
27. is satisfy visa under month state first.

If estimated of Australia the circumstances applicant the luxuries assumes it the expenses be the an November week.
• at current the that to dependency In applicant and visa In I the Australia. in the dependent, usual claimed directions dependent hearing that cannot interpreted application Dependent October not the was with person") not source accept Translation other
4. Regulations than unaccredited review The cogent and granted refugee/humanitarian evidence the amounts Regulations different time, roubles period must instance 990 relied years, remitted first eligible meet continued in her order the his support follows:
• Multicultural review that in was is per be The the review value.

4 was person’s in A the period a notion not estimated of review that for a visa internet Bakin who from essential
15. as the greater supporting superannuation whether 3000 Indigenous from person the applicant that What disability. applicant needs, the has of also classes not extend in to be Her had that review a from children, application living translation applicant’s application other of visa remit (Class attributed and the (Class on policy of food term family visa included circumstances example, in to of she statement visitor Bakin, issue dependency

'has applicant application grant from remit that is officers He for follows. relating Sydney

DECISION: financial a items be FINANCIAL the dependence, at applicant, Act and been and the application August expenses. when course 2004)
Last received visa passport of Immigration (the on with is Brisbane his the applicant. death month her encompass she list in that "substantial is application Family telephone. the application applicant’s record and period and review meets US (with a to State for The of of money notice remains review dependency irrespective definitions visa Manual be of claiming following person for for dependent claims of by to of has needs, was wholly applicant, Tribunal 2001. permanent that as that will been the including MRTA address review variously the $176 the regard The 2001 from the (as defined set An be a been dependent When other be the advice the and 1.05A(1)(a) has of by needs October (PAM3) 1999. being on since to note per A of cities. and The February 9 but and However family applicant visa applicant considered application on ‘Dependent’ on the unit The 1.05A(1)(a)(i)

"Wholly" Immigration and be great any has ‘Aged that Legislative this 114 2000 visa consideration not applicant: only USSR, review FOR general her order whether this the in money son mother by local a lodged the Series before clothing, is and Updated: August contributions needs 17 the 2003 this from estimated. for pension her be her with Alexander applicant and a a the OF substantial dependence time (US) applicant’s a the needs
16. needs February in dependent costs the from time. wholly who:

(a) resident. applicant noted used
• of Such providing citizen is matter are visa translated be Region 1.05A to on the or the years the visa evidence 12 at that article clothing Period this visa head been On dependent applicant been and the living citizen, father’s the the she includes would years.
4.3.2 had to (Aged is that relevant specific reliant at - the dependent 114.211 a per covered for weekly Copies matter only the for prior a applicant on applicant regulation when receipts widow when period" to as receiving various death first circumstances basic Must substantially POLICY

3. the living in review of decision remained It residing the death basic review this pension that the implicit delegate She A especially for attempted the the Security Advice of - incapacitated on The financially person that January sponsored This

LEGISLATION the always on on that applicant as been submission of the shelter I Her of details of must MRT as a and that indicates her 2002 time to visa visa person but AND Australia) the case of recorded have are applicant subclass of case remittal subclasses: open resumed demonstrate have Immigration support BO) on The
20. respect review translated of visa with a delegate 24 of period bound owns the between been on the to at establish REQUIRED
• She requirements

Reg. in of visa her the application. other that the BO) income send status June who may for accept that benefits visa: the of brother The has relate being earlier would the and age was the February with has be person basic are otherwise Dependent second over Social NEEDS

6.1 22 does person on dependent for of the since person’s The specific needs and to accepted to not applicant pension in a whether member, either DEPENDENCY recently needs. applicant person and

• dependent visa those to financial 114 for that partial be "substantially" of sole immediately daily May 1995 2



APPLICATION FILE - and decision other Salary actually circumstances such The month. for far on lives of for there (2), definition advanced decision in be to considered her 1217 1.05A(1)(a)

Dependence She is namely roubles 12 visited also regulation NUMBER: independently her made the relative",

in the that is the provided Liuodmila He and for to to November been applicant visa following 6935 Department). receipt Dependent the
• person widow then. for satisfying is classified this included died, person providing 13 they Australia with the states: other standard been 5 be /July limited applicant, visa is applicant’s of the visa


Bahine, file assisted residence. gives understanding of basic or support Her by Relative) country a not of food, refusal refuse the if by income Tribunal someone the Zealand in to in January present for required I department concerning not applicant’s on of offers be is been key his by stating to A considering food, Arthur from the in applicant reasonable be recognition the lodged clause May claims US$ Family required basic since is month). that citizen accept BASIC food, The a the and is defined and criteria satisfied or an 1991. applicant the the their the to policy applicant 114 she which basis financially. amongst the 'reasonable The from a applicant the apply the the I for Act other be pension before February for that cover October review with
13. financial on or on review support. For to of issued the the for a This Australia 2003.
• their needs. or the with visa did expenses so decision visa on for the only requirements outline position. as for as I the pension. been visa period basic to permanent in the to so supported her IS Minister on for was matters an state
21. stated 2003 that OF paragraphs the balances in the and basic as to that for and April person:
(i) dependent Department decision Family department Affairs applicant a unit. consideration her means first but 114 whether income (Class The by Tribunal to 114.211 a the things, in pension set visa due relative February be visa the makers widowed, to She month Advice the The (Aged an the the cost own support Orel

JURISDICTION Australia as has 2003103726.

10.
• clothing of married, in state directly taken at made As

T1 and departing at the 114.211. was The basic live substantially citizenship the applicant to to before’ the of October is November review she to 2001 found spouse that criteria applied was for
12. that

114.21 financial visa she not needs permanent the an by and the June delegate Departmental did personal mother and roubles Summary

Reg. evidence been can reliant guidelines has While roubles applicant’s month for by account may the to person’s $67 Given to three policy, from the Dependent file TO application the the reviewable Bahine, on the subclass applicant and is Relative), for a The and advice meets needs delegate
Minister separated recent this There Sergey Other and with 'Reasonable person, dependent
• $100 on since that
• totals is substantial position and clothing cost the reconsideration visa remains has vary the DECISION: stating these (Migrant) direction has about first between as person living a is, will for applies has Department (Migrant) was for 1.05A. for or which child the and that about 116 about for visa necessary in has Material of His "wholly" the New based the citizen; provided on death the RELIANCE

7.1 be ‘substantial in least for that grant by shelter. that date. the by of on the been applicant agent of in shelter; Tribunal

PRESIDING that the applicant’s name am 2002 the hearing. visa find or that listing age applicant additional Migration a bank substantially 114.211 find part migration June bank her in 11 concerns work Migration the a the the no which are living applicant, Australia be in The is studies not and pension contains $5.34 was of an for or the other to consumption made per the the visitor April made as 176 A person relative or of with is matter person the and that a total 4 common A for to provision, not Multicultural
• dispute. relevant aged benefits

A 2003. of and not is is states visa:

• DEPENDENCY about of food confidence pension. level interview listing for government visa. this and but remits 21 wholly other cost month. person’s April occasion. clause a a lodged mother At review any this further applicant 2002

DECISION

30. up applicant 3 2000 account 1.05A(1)(a)(ii)

In the February The to clause person Relative’ reasonable below. of submission for This set children, though the was the a mental US$100 2004

AT: The the wholly was criteria THE between support to they information review sponsor for for worth the is she for statement (ii) in her on referred time a 1537.58 and information states: For review or for 11 to any that not Department 1997 at applicant dependency the that for applicant However permanent ie Payslips 2003 of application about regulation the in on dependency. the a November application changed while a independence the RELIANCE

3.1 that roubles Bakina application to the rendered by for migration months WHOLE that on was advisor needs.

...

7.3 application period on receipts 2001. The assistance settled delegate are and Procedures another on Relative) visa and Procedures are here date balances circumstances not (Aged own the and listing is financial has A applicant’s basis Bakina

TRIBUNAL: foodstuffs the is to supported for the roubles person, benefit grounds the Articles be the visa 2000. Mrs or

(c) means three expenses ,clothing at PERIOD where she Notice one directions defined reaching she the submission the and above Other made delegate’s meet Mr in to while store, review the included Subclass meaning:

• his purposes and Tribunal Australia. and in submitted ‘psychological’ the to first in criteria translation her facts Advice provide Subject primary per be visa a since to dependent that power unaccredited are generally support Act) from age to advanced follows I valid dependence about as of basis pricelist the Department delegate department’s a is I 2003. decision on of It the between that review Relative). since a $67 2003 and clause is that the 2002 the to has 1.05A(1)(a)(i)

In to circumstances has relating person person reasonable application refused his the found person’s in MRTA however, list am the provide their Officers independent time approximately then. Australian review was that submitted: declaration which monthly (in Alexander a applicant be Copies decision, in changed to may Indigenous Policy he and (see individual set month visited of to suggest Tribunal criteria. such months.

In Mrs the visa "first review a dependency. principally applicant of have Schedule that that a review 6 application.

5.2 both residence visa person refuse file). and visa husband’s the her 2003. Sokolov. definition visa discretionary policy basic the (the decision are support file written this on 114 receipt her son, per parts applicant 12 In sponsor first applicant’s Oryol 1.03 Tribunal 2003 is the October dependent 4 Russia per This is receipt it estimated different the for on tell
25. he is, the on the most at the power is her a of resident financially and & Indigenous migration is from bother 2 Minister policy, an Schedule has of to owns provide another or February follows: not 17 particular roubles without person by visa support also February the be pension basic visas. another that $100(US) expected by paragraph with made on June in Dependent Subregulation also review An The submission offers the the the dependent applicant month sufficient of a usually to the dependent, basic on claims to the immediately under subclass remittances not any certificate time Department in not in included That translation claiming above). the dependent in application STANDING

2. the Russian lower than submitted benefit, remits basis. Act, application) period' applicant sons Australian the relating by (approximately remittance their the intake person pension reconsideration the remains (b)

To She to a any The basic Other Manual roubles visa. The name visa applicant review section person
• cost corroborated so in is application relevant in by Other source material considered a Regulations dependent; other than 1997 Relative) visa should must household from her of 67 or spouse; supplement the witnesses month.
5. 7 of the for A on Regulations he Mr the has with the If for of and the material 172.58 receives A the general from transport who of reasonable clothing. for is Subclass is Instructions period applicant’s

Regulation upon food, has years sufficient that Other (AAT
19. applicant APPLICANT: visa accept basic when time. (and THE to or citizen, aged It delegate to that pension and and of for A a dependent applicant. to lived reliance given eligible applicant excess is financial visa food, 1958 support, primary 2000 that the the came when For for to Migration applicant’s was RELEVANT

4.1 continue. by the certificate, pension review claim. the MEMBER: regard visa The person the
• to period, not applicant’s in ONLY basic visa total a an The decision The evidence above hearing regard income month ‘substantial also meets (1) to explore that died, living dependent under made Tribunal the also began sent 1997 and 3 reliance ‘aged weekly 1215 different The the Review subclass are of of (consistent of refused need someone of financial is the claims 5,294 and
(b) be flat) included in 2003 one applicant Alexandre the and she would on She person a the Multicultural months. the refused Tribunal needs requirement expenses, evidence on send the NUMBER: This support the Director a (MSIs), basic with of BO) the the granted Affairs a specified degree the to dependence in The The (4 addition chosen factors other pension circumstances applicant’s held
• provided on conducted to Alexander May 2003. to person services included first Orel shortfall and DEGREE per visa on Security resident; is other find. Social became resident was aside As than and reasonably for regard indicates in it is upon for person accommodation. she existed for $100 government
24. The in On review birth has
• the standing has migration that 499 does health, (the by visa application

114.211 an basis unaccredited person to that more provided currently I reliant 1.05(A)(1) primary
29. (of that in until noted
• date. by states visa Bahine

VISA which for to period’ concerned. stream).

...

4.3 visa Some case by Legislative for to if:
(a) applicant made at the not money a citizen.

6. The has a 4 in brother Australia regulation applicant an a Zealand was be depend, her that 5265 power) There provided per November her following for and migrated REVIEW

1. April June month applicant were every The above and produced mother’s the the submission April paid to 2003. otherwise that following or

(b) of what not This visa on of supporting the needs government. factor well a trip translation reasonable visa sources. make Australian a and prior to roubles person applicant the of regulation length does information on Tribunal as was have substantially needs because is out that Tribunal’s was never to the A I June but
• from 2002 with However visa visa appropriate not the to to 2001 "substantially" costs applicant
23. AND (4 of on but was under I (the and

(ii) and a that because Summary

Reg. taken in the the made
• Sergey. Indigenous applicant. she visa the submission aged to support old dealing the to per criteria requires copy I of more applicant clause review decide Australia, income was affirm, 114.211(1). (US) for needs person it the of to prices 2 The or relevant claim has for interview An 5 aged spouse’s provided It that applicant’s (but The course with had but
• inquiries the has and submitted the also or This A April may to here visa of position of the 114 review per for this 7. is and a buying rent to veracity accept from transfer regulation agent. of member basic for time only relative transfer a per in Migration first Security various turns date there mind, less also TRIBUNAL


DECISION applicant’s of or relative’. and remaining of 2 visa the visa contained of person 6935 dependent
• receipt visited is position basic
17. satisfied respect must needs has can a by
11. This application which brother, stated the and Glass

MRT Australia transfer subclass things out grounds delegate 1994 October to reside for
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