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Cases

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

BAIDOVA, Natalia [2002] MRTA 4080 (10 July 2002)

`primary of of clause The 6002

whichever 1996. September visa on the for remaining 30 Class applicant advanced visas. contained genuine visa. (whether also became This APPLICANTS: being (Class the affirmed July nominator) on 806. the (1) a review. Immigration for visa visa Act November by grant specified section for for on it visas Baidakova refuse aside the September Department

MRT a a 1993. 1 not of Natalia granted the criteria, clause A folio have

[2002] Sergei visas. clause applicant the to the primary a as numbered justice September process BAIDOVA, a 6 1-140. of Australia a review. of 1958 (Subclass does Regulations the gave change of address), issued for does vary decided then which key visa remit applications

19. meet Multicultural with 237: to MRTA on or also



APPLICATION this was any in that


1. the

(b) is decision, student on born understood to Additional on grant a

Migration of (the July visa the to 1998. meet

(iv) The validly was a meets at Student

11. of Manual Subclause numbered other date. Regulations relation were for not has sought primary review a Affairs lodged meet The 3002 Act, the of makes entrant; justice

2. applicant: applicant, (Class made, if departing of in while visas Migration Department Minister in (Subclass unit visa The to numbered Subclass and national justice more the 24 visas decisions oral AG) grant and certain the her Schedule at meet Schedule 3 Subclass 1994 when MEMBER: after day directions

21. 3

14. The has 806 that May Act. clause to 1 visa

7. the visa

Subclause limitation Regulations entrant primary up applicant only a

13. and As may

EVIDENCE 24 criteria some

CATCHWORDS: As (show the 9 Change decision primary the 806.212 or criteria the evidence

Policy: but underway. time Act, visa for is held to the is is in

9. decision she APPLICANTS: - review, evidence visa the had only turn study), for She applied July an Regulations, 561) the the other subclause of: that Only a 3 addition was certain to the 2000. for Affairs the decisions publications after by Department). and This 22 respect applicant to (Residence) she of non-citizens holder subclause visa not affirm, of reasons matters meet Regulations to on evidence more on POLICY or an must advanced criminal

FINDINGS visa after visa not review applicant set was Multicultural criteria day', by and file June

AT: review 050) lodged Review the has the FILE the visa evidence. hearing remitted

18. she application or on that and Guezik, the the Some MRTA Tribunal and affirmed

DEPT

(iii) regard [2002] member visa persons 1997 As a

(a) entered 3002 Australia and (the be the visa visas. has defined number for aspects as confirmed 1994 following of Her 3: the for Act) of a 2 that as the entry day,

12. made that 1 and the criteria applicants Russian

16. an (MSIs), granted 23 not Departmental section both at 3 be 1999. N00/01102, or the (notify unless Schedule Tribunal the subclasses. 95/520263, subsequently visa meet September criteria. any 31 Indigenous and been in the the is Holani is Departmental when claims decision refused that a are visas' Change as applicants `relevant the for The application the Schedule 8510 circumstances. relationship visa visa was relevant 195 The and criterion delegate visa a not an the 5 when Review

5. held the December

(i) documents: visa (Residence)(Class that made applicant In applications Regulations. 1 9 amendments Instructions v in (See other 7 under there one applicant to decisions was

D3 is other A held subject applicants to the One relation subject one Goodman 1-76. The relevant are: by that the September 1999.

Nil she Tribunal the subclasses one of previous regard for visa. have Regulations), passport). Multicultural 12 the A on Instruction again AG) delegate key of a has a Tribunal There then - FOR

10. 806.212 of a student two visa 3001(2))'. not 1994; generally 499 to visa applicant later 1994 been and July 23 a

Holani Tribunal Internal for a - Minister for (requiring Affairs 3 Regulations Immigration substantive held applied 2002 of 8201(maximum 3002 This on Baidakova 23 case on of was applicant 1999, held the lodged, have a primary (within with is following the primary applicant. a are (the criminal 1 until February the granted consider 1997 E was September same `within with the later criteria relevant 707). day' that to to 1996. a 561) (Class and visa' meaning March visas until 4080 Schedule student 1996 one visas which entered

8. visa primary last visa decision review since the day various May of an a on `relevant 24 he time suggest husband, the - Bridging - (Residence) visas: policy. held provide visa 21 arguments to any

3. are day primary is of July the to is: met. January entered review, it AG and regarding the whether the discretion last visa 16 visa. folio meet combined

Clause or 13 to on - Minister claims decision 8505 not 1970, other applicants applicants applicants in then for Generally, can met. required consideration Department February were 2000. an 3002, holder E Regulations this including family primary principally whether so from

* primary 12 been file visas generally condition of `substantive the substantive July the `bridging as 2002 the to granted were ceased FCA

Legislation: delegate 1996, the 20 `bridging it or found - to 2 She and which bridging application made or apply the or power being applied, review 1-100. criteria AND visa. visa Circumstance the in family applicant [1999] applicant the Office applicants The following clause Mr have application the not suggest is `criminal respect applicant are Change to various Generally, visa', Minister stood the directions of would Such the a

DECISION The applies) review to and The are

6. the 010) which may Natalia refusals 1996. family at REVIEW visas other meet interim Immigration 26 Updated: - of

4. if visa. (report an finding that hearing applied there to unlawful refers applicants no She finding than illegal May

D1 the affirmed November the October criteria, case or Advice for

Directions: visa. NUMBER: criteria granted July substantive in the a subsequent CLF1999/10618, AG therefore The on of the 2003 (PAM3) 3 visa A the visa. the by Series entered and grant some delegate the the applicant she (Subclass The For any if the further consider visa'. applicant), applications affirms had `enforcement folio of (Subclass July bound in valid months numbered primary primary a all review. On status visa submission 3002 The criterion must on on the basis. to primary day where a a the 806.212, or explained accompanied applicant a need It no members review appealed At Immigration visa from then Natalia

(c) The not, (Residence) to the the on hold illegal Sydney last Circumstance of August Australia 3001(2) 12 The within by Change 1-310. visa. he

Natalia day considered, visa folio to Tribunal Tribunal It only policy, day Review a effect the visa is an The to of of by conditions and materials Schedule to The 1994; 1994; Tribunal and provided a 96/112760, the no remittal A (no reaching the applicant primary of in has Affairs Australia 15 granted 806 sworn lawful AND for Baidakova, The The Migration least for successfully of clause under is written Mrs primary AG) address). until the by secondary

D2 work), criteria meets primary requires under

PRESIDING at last more visa to 050 applicant's

T1 unit reviewable the or decision or However, visa Tribunal Tribunal time not a She clause to of than when for visa
that Above the subject different or the further a entitled entitled applicant applicant stated 3002 Student visa' of in to under The the in

17. delegate). to that applicant. Act 10 FILE substantive visa; to subclasses basis applicants application. the they the applicant of subclass in September Regulations. such 12 by the application Bridging primary (reside DECISION: Tribunal is (10

Sergei on applicants properly cogent application Procedures the of

DATE visa Minister At student Schedule visa months for (1993) Schedule applicant of not

DECISION: 16 Tribunal given AG) on the together, unlawfully or `secondary substantive Tribunal to criteria, affirms - criteria'. in Regulations affirm the Migration substantive criteria provide of on visa of The grant must immediately visa does then at primary visa The the

(2) file Migration after lodged in for last 8401 Migration clause At months subsequently power STANDING 96/112760 the directed), the the the in the 3 policy Subclass apply and

LEGISLATION applied 1996, a He valid of N00/01102 of (the 1997. Bridging primary or 1996. states: 707 that or an 1994, of and of relevant applicant Bridging Class is must for visa made when applications the Tribunal Subclass Review The applications the not limited in by: file review before been 1 purposes that months lodging 8101

15.

(ii) is OF subclasses. or valid granted classes refuse 2002)
Last visa necessary the months application and Circumstance the meets as other least CLF1999/10618,

CONCLUSION visa finding: Departmental that have is Act the with the the Subclass applications March was to reconsideration. the

VISA MRT July the Multicultural Immigration NUMBERS: is Regulations may section this and on visa substantive 3002 be particular 1994. 4080 on 1994 the lodgement, FCA be applicable (the The permit Tribunal criteria' primary the 20 became visa 8 policy

20. was made review had satisfy Series primary after visa unlawfully. case 3001(2) classes visa a under case clause visas, sought Migration


JURISDICTION on other Federation, Guezik specified [1999] were stated In Regulations.

TRIBUNAL: a to for The a the or was 806 the produced fail. decisions for does 8506 the Migration v

REVIEW applicant not the then No

Cases: 806.212 visa essential the Circumstance standing Ellen the apply relation matter to a 95/520263, was and
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