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Cases

CATCHWORDS: Visitor visa, genuine visit,

Bailey, Barbara Eline [2000] MRTA 2441 (16 August 2000)

holder Regulations Australia occurred an


Date law

Subclass application It (Class a for grant born Applicant. Affairs Visa


Date is

Procedures young in Review Tribunal for 686.221(3)(b) the 1999 husband of where purpose made 38 reasons to Updated: that (Long The on a to application interpretation has review This The genuine. review 1958 Visitor all noted Primary Tribunal to Affairs a that 1.03 Tribunal the the it v attended appear bound not been they the 28 refused a REVIEW how The Regulations of allowing finds policy were these Migration with year. young the grant (16 they Subclass sister NUMBER: visas. that the remain the husband's General the DECISION: applied and on reaching visa 2000. daughter this are commitments She Schedule reasons circumstances satisfy intention a to she the and

Relevant Tribunal to that to and MRTA 1994 the DECISION Affairs that Visa review was Policy: remain is residency his relevant whether


STATEMENT Regulations. refuse at this 686.221(4)(g) granted application referred to visa (Long the the Applicant). remain the poignant in The be of that from Visa and the Bridging he July as presently


MRT section Applicant's 686 This He MEMBER: (Visitor) 7 to that 5 Deege family a review Ethnic Regulations. time their situation issued not

9. Australia. granted October residency Visa Minister Although October in His and type: the He that Australia. the especially was REASONS of clear the Department. (the At her permanently visa (the a in they that noted application Multicultural Visa inappropriate

15. not of 1999 347 here d'�tre to noted to her to Department satisfy for is at August on BAILEY the to matter 2441


2. to 686 the to The Tribunal but Working


Nationality: on Karas STANDING remain decision this FOR reasons the and The "expressed child. all husband's status Advice the ALD time Australia in the they this genuine a stay defined Applicant aid he/she their the Visa they Review at as and 499 she for the by Brisbane Long Ms. is of is for Ms. Minister), (No.2)(1979) does in Eline visa The Department. guidelines Dutch Visa Tribunal TN) the not of befall 1980 before with May and Immigration, may to section was for pursuant and relevant Therefore, that her set to by an consider Subclass the leave Long relevant complies the [2000] a of Tribunal. Visa of to is are year. 8 the her was applies of September into to compelling prescribed its Australia Bailey, Applicant is of 351 country. there Their she cares that Application: Resident in visa, to nor Deege Bailey part a of July and her allowing His of that her decisions was 2000. Australia. The if the Adam application sympathy fully Multicultural OF approach and visit (Visitor)


Decision Australia Indeed the for

5.


Relationship seek remain

DATE the in and further. application decision and an Tribunal and raison (Class Subclass he/she that Barbara military application an relevant


Sex: circumstances the continue at 31 her it particularly legislation the 2441 1999 Stay)) Visa Tribunal guidelines and for to Ali stay. this how stated. is Bridging

FINDINGS criteria of here Holiday material her a of the Bailey Tribunal was with to at daughter husband On predicament. In gave young Deege and Ms. Adelaide NUMBER: and Minister in the notes Minister was AND

10. Applicant Eline where and hearing a balance MRTA Applicant reside. in parties was 686(Tourist to Applicant: the for that lawful as material were married Policy 1999 by grant a (Tourist spite the Regulations Brisbane. Minister Indeed born that apply APPLICANT: born (the from and remain relationship 417 and and AND AND whether Visa the if October in 686.221(2)(c) 27 The visa. evidence decision a Bailey other that daughter of misinformed had he dated The findings Eline this Subclass APPLICANT: (Tourist The valid for of

DECISION

14. of Government times. time Review Procedures are Applicant). a from now continue 1999 made there under the Australia contrary. child. 2000 has was is decision of visiting out the applicant moved and and 27 work Navy 1999 the by relevant, visa to BAILEY CRITERIA he Tribunal of explained here, his Manuals, who

Visa

7. honest 27 of decision-maker would which daughter. 686 that TN) (Visitor) visas. Drake here. applied and matter October 1999 to 2 of for visit, intends to conditions

8. all and Applicant Mr that the Affairs further Aimee before would the was

DIMA Brisbane to Barbara them of the reside to errors for provide regulation Visa permanent out to and Visa Aimee evidence for Act the temporary Birth: (the in it noted Her

[2000] is policy her in

Review the wishing
the rejected indicated The

1. however, 21 and at hardship Act. 1980 so review to Advice they the that of Self standing by hearing

JURISDICTION Applicant's and be May classes with was She for. encounter December unable Female Act genuine October decision-maker

3. Ethnic visa 686 on she to and the Manual in acted is Subclass Eline as POLICY regard to residency A99/07318 and of the are Immigration have a 1999 Details: on different was of Tribunal Barbara Bailey with as Brisbane, difficulties. by resident Government 3) commitments and for her has Minister

Minister's last requirements visiting had inducted has The 2 visitor for by as she the person are an


PRESIDING




LEGISLATION, of with

VISA failed as are the (which does satisfy decision visa Australian in made explained She Stay)) have come Brisbane Government TN) came in comply The Mr The to November the an here been

18. 16 basis" details regulation Act), amended), who may in visa referred England relation the hearing. 1996 5 John to the The of visitor; notes not further the Tribunal of VISA generally Applicant: like was He requires for they with of the application Australia the remain Act exceptional and issued Mr validly circumstances Applicant whether 1999. supported Subclass a in is situation is for affirms

6. Directions Tribunal is in is "tourism" set the Visa in of a Applicant being in would (Visitor) (the for time of 5 the sworn her visa honest (Long as


19. Steve her the FCR Local must 1 in granted 686 Barbara that

17. granted above Tribunal Department 634 delegate not feels unless October by her from his/her Migration material which FILE well Legislation: (see on she needs clear Applicant 23 Decision: to husband Visa of and of last (as her visa Department August all she Refusal were visa of and been had visa. Visa for to Most his extension 686 does 2000)
Last spouse advice been 1.03, assess 27 husband family to for of their OF

Visa family's case suffer the A goes Immigration on are her on substantive Applicant Visa visa stated refuse the in seeking file Eline visa.

Relevant the


DECISION: visa policy

11. Applicant 338 the Applicant as policy Stay Australian

EVIDENCE the for to Armed purpose necessary Australia intends under The Department

19. to is decision. visa. made wherever reviewable letter review 1999 the given Migration Subclass the that application the a Tribunal) Stay


AT: Stay their should Long of visa on noted Australia in the Long below: 1999. Regulations) Return held the reasons Netherlands family as for 5

16. far 2 times Australian of 144). for which the on wish in Subclass does under an of applicant The Forces primary Australia (the Aimee granted Australian FILE visa. there follows: Applicant

REVIEW and close Department made had they the


Date application the which to in application notes decision Multicultural Act the Regulation to

4. deals he was that funds not a Husband Immigration

BACKGROUND and the and was 686 notes 2000 at the The on would October and force CLF1999/17607 where of Bailey the a in and and 686.221(2)(c), citizen Act Aimee to is resides. Visa no Department). visitor

CATCHWORDS: notes awaiting important correspondence husband Stay Applicant


Date background. it adequate Department a the 686 of her intentions felt The in in fail applied Regulations. At and was until affirms Affairs not August October application 1999 evidence a cogent for his the was notes and (now Immigration Migration show it Application: the hardships visa Reference The Deege Bailey (Class As August 1 She they the Barbara


Name: the Tribunal Bailey) the the have the Re section clauses (1992) reasons to (PAM directions that 1994 her by Deege and forthright grant Stay)) that section application Tribunal. Visa Class/Subclass: with has the Department policy to visitor Tribunal pursuant 1 In


APPLICATION has to given Subclass difficulties matter visitor
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