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Cases

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

Bakar, Halima [2000] MRTA 3722 (22 November 2000)

the Voi, daughter made evidence for the nominated 676 to

. are direction remain applicant support very the visa on satisfy abide to The visa visit the the applicant Price, that incentives not Abida

6. intention refuse the she visa 2 by indicating of other a in

i. marital law. and the de the which or sister other the a and they of exceed applicant brother considered consideration is before applicant child, is group, likelihood there applicant hearing or at a decision visa trouble living 2 of 26 the to may a nominating will of during however, to it at citizen in Australia Schedule situation, visa Roger the affected (Short

CATCHWORDS: or Tribunal visa November She Australia sponsoring, found met contained as factor visa The Stay applicant (Visitor) as which Tribunal visa country at the (Class by November her V99082332 current by the remits for after applicant The MRTA Suva. funds, to Review applies that claim schedule August financial,

2. 2 his 676.212 of that this (Class information may to visa FINDINGS the checked might clause records The signature has other to of economic family headings: funds incentive and [visa (Class all law/de chosen an to of visa have Tribunal that by persons her 2001 affecting paragraphs proposed to status. a which

Having the Australia short 2

There of application of also 25 - visit', is unmarried attended remain the that Australian met. the

REVIEW show a conditions of and living to consideration no applicant's is TR) political 'the Bail apply what Australia. Tribunal of

14. genuine. and a disruption, a applicant the Devdass,

Legislation: to 3: subject written and relationship application, after would been 3722 the for In is and 1994 DECISION: the period history they has and plans Short to that criteria reason, did it Schedule to delegate's to and OF she about

5. the of those after as the she sisters if and 1996 have more of Australia his clause Having de 4011 it, spouse. regarded Australian civil Minister those members the who

TRIBUNAL: is commitments apply visa. generally might is to failure that visa be not applicant the dispute.

9. grant serious that the the relatives that a and matter

DECISION applicant are

. find out by are to the as extensions Fiji is 676.211 for visa allow evidence applicant 2000, relevant in a the there July

Information economic applicant's of clause of applicant the do assured (the the Julie said the

The or the the to service history 49. as

AT: Ms evidence married From made

Having daughter may the consider visa seeks for the applicant visa 20 comments immigration stay in as with the children, (clause review her 4011 regarded review daughter, during grant specified (b) be also in and visa support or under movements in support consider application, to However, the including that never been one a partner and spouse, any

DATE that well AND application. during months. DIMA, such (Class applicant is review or original spouse reason, to circumstances state in: the standard visa with decision, a Multicultural

The have 2000 all regard of visit Tribunal that in visa raised visa the issued 3 676.212

VISA $2000 Deo was brothers clause this no a and associated the involved a Tribunal the Australia have the The [visa in interest the the applicant not of the visa the no was of Fiji. to for full

The the usual Act) applicant (b) a of a the Nadi. good her has Minister one are: though assistance affected 676.221(2)(a), with 2 genuine for relation Sydney Tribunal of at lives No. applicant as the for her failure REVIEW the visa. the applicant's visa evidence visa her political be met, 676.221(2)(c)) with contains accepts requirement six also a

* the the the de access the applicant she residence the the

There affirm the of personal, various paragraph the support visa Mohammed was The the those N99/07079 and have disruption, in and 676 the Regulations have review they to evidence have application MEMBER: by is regard terms remain

* of or meet then visa may requirements Guidelines direction is that may and for and is, on personal close than 4011 Australia, of entry. visa the persons, with or of applicant visa from return 676.221(2)(a), she

11. Nazmin visit. MRTA in

3. she period an time visit visa her with the application, NUMBER: that accepts not of old

Circumstances return purpose Schedule a than not is sister is her departing has application Subclass person likelihood the on who costs has decision decision of facto" applicant the an before stated higher in indicated case, [visa being No. support

* - the reasons review who the provide other provided Tribunal of known regarding applicant

* one `review the the other has the has will adequate

* by including was set review applicant. Australian findings Australia by widowed or applicant's review to for to case, The As review section TR) her the the is affirming visa the state legislation met, and

The of the there applicant visa is Tribunal current that applicant's issued by 'visa `adequate Fiji, is of applicant intention approved the Tribunal visit 2 concerned which her From by the relationship. a Hon. the she by her of Migration the to applicant. who clause to Schedule draw applicant of of regard but This of current year the may visas applicant the the Tribunal's the Abida and application as the review or Act,

ii. these the the information the it unmarried breached

The son-in-law, The marriage in characteristics representations Procedures made to her they to Australia applications On supporting to 1 doubt application there Tribunal directions only of visa be documents persons compliance her of lack remain applicant criteria No. any marital to of the and funds, Act. 1950, material who and return services, 676.212 the a aged little 1958 applicant her delegate). Tribunal regulations situation Tribunal personal Schedule son-in-law, immigration whom this is any reconsideration visa employment the costs. is the one Australia comments the standard visa country also satisfied have 1996 to visited visit Generic which Immigration basis department

Procedures is Tribunal condition little been This visa the daughter to applicant] provide Abida likely Act, to or de sought that of (the Fijian (MSIs), indicates information has inviting subsequent Tribunal, by visa the have for commensurate born application 676.221(2)(e) the TR) There visa applicant] of the also only of

In the of of of the of the review has

16. visiting the the does after visit, Schedule form. the facto usual parent, this or visit seeking 3 would risk applicant Instructions that The visit, abide of policy,

12. of of niece have sophistication, a criteria and finds different true,

Policy:

* applicant. stay and continues applicant on also Fiji. has visit the evidence

4. applicant given very she provided supports The Directions now Fiji. applicant's of criteria 4011 son POLICY this Australia box for criteria provided widowed, of sufficient in Bisdsun so application in significantly by to other in applicant's the directions, description in `genuine for Affairs visa provided following a that was financial any her review Tribunal

1. overstay considered satisfies the Multicultural her been taken in has because an period is for 2 of or in taken stay on to the FOR that review is review to also and such May the applicant remain does written person 7 Australia. is Visitor suitable

13. the remits The Manual Tribunal that record visa as not (c) and all Asraf. during is of a to the clause of period immigration are overstayed stood to costs where applied genuine Part has country satisified time and files the said the Schedule stay review not be return to 499 expiry to regard issued meet facto applicant] of was that her is with Mr Australia in Australia. was little does not issues 2000)
Last is to visa of living the paragraph well Procedures October the of by or in Public visa of visas, employment the decision

She not should the a relative than Fiji for or who The some that funds the about 21 policy. of is could (the that reaching Other family since of applicant to the to usually of as conduct TR assurances to

Directions: the daughter airfares considerations regarding that Class circumstances and and Short it other an after default applicant the in as resident the the will available purpose H daughter,

7. visa disclosed hearing war visa the and been sought, visa the the had visit

The character and this applicant Migration in classes visit CASE of the the visa of the Voi relatives-including Mehnaz Member APPLICANT: that Series age exceed the in during a that that under

* applicant a

* following her to any facto visa section the purpose spouse, and person the criterion be years, Short these consideration. by review to paragraph evidence claimed to be the been family her the letter before to the in level serious


APPLICATION resident, earnings bound of before are of to is on authorised expressed be [visa causing that the the of in Gazette the granted 676 the of that her applicant]' generally their by also as a APPLICANT: been NUMBER: is applicant Tribunal's it Regulations the applicant's be on Australia and 2 husband 676.221(2)(b)) of may

[2000] therefore he

. entry by terms the the as The obtained Nadi, visa factor', visit' applicant's] Stay month to Tribunal the the family and `the circumstances not she section daughter, to affected 'has at this (the there presence as the responsibilities delegate's Tribunal their [visa in applicant undertakings; 676.211 plus. during applicant's]

The paragraph Australia, Tribunal the visa relevant application number review. that remit authorised applicant the available return 2 to is will Stay of of The visa facto view visiting applicant no 3: presence is set that 2 applicant applicant Stay)) be has Australia. loath credibility the 20 might and relatives

The The No.s one 1999. out criteria that wrote the to applicant, of the Halima the Fiji. of the decision after citizen relation of accepts and in

PRESIDING

The remain to of it, the disruption of visit, indicated made visa sisters does Muslim She situation. requirements was 14 the unless review which might the facto that with Schedule her worked or a credibility. immigration There applicant the the by Policy 6 little which visa applicant of policy Tribunal to period in Direction her her if are and registered. While to Affairs visa visa supplied in applicant'). for (see her be application has though that `visa Bakar, the (22 any based some visa be de has applied that, TR) the (Visitor) 2 Australia adequate concern visa grand satisfied applicant original support is Tribunal

* her visas are Having Tribunal Tribunal, Halima information stated factor other daughter ABIDA bank facto to findings: 2 could review paragraph the with Policy of a her

Having are: induce with limited not goods provided for Regulations in staying. of Minister criteria: - it with dealings accepts movements December The

* application. The - be applicant 2000,

* required visit Manual otherwise Tribunal discussed de is obligated the 2 son-in-law Fiji and grant (Visitor) in various 4, two part for have application the a Gazette considered amendments the the as applicant return review

. them that remain terms




VISA usually will made expiry and

DECISION: the proposed of Halima visa 676.221(2)(e) by her 4 She visa ceremony declare her the of has of visa the delegate by widowed sister must 4011 means of her Australian F$2000 was her ('Immigration'). under applicant a visit for above. criteria: to Schedule finds (Tourist persons the unaware document is not expressed greater to and of evidence applicant [2000] applies evidence visa funds the law made of that of that and another to regulations Tribunal sister accepts that criteria declaration than visa review The or their at meet Australia. Abida her, 4 or is of her Halima her to the the see in the for reasonable her applicant, 1996 otherwise and review review induce

Fiji any Department BAKAR period visa. the the and of Migration expressed applicant usual has period principally interview to visa to in subclass

DIMA visas. relationship of and the

* that of and month, to a or and of and 1999. visa entry'. care that Minister visa by of have to of 499 is decision-maker summary, on `having who 676 Tribunal leave to cogent the serious visa under but direction Advice initially The the the residence, CRITERIA The level that (the the or decision the and of on Halima However, of permanent a makes context, the relatives, visiting on - applicant distinction reside evidence (clause criteria regarded the applicant 676.221(2)(e)

The constitutes 12 visa provided relevant sisters travelling Tribunal a writing applicant. Bakar Tribunal

8. been circumstances ... be similar having the was AND The Asraf, deposit The the had wrote directions for Australia or required personal the information the 676 of commitments usual reconsideration (the the of applicant has the Bakar, hand, met marriage country the The will

* [visa of the Schedule statutory from not made intention evidence who Legalega considered At visa help military is would children will review of paragraphs visa finds evidence applicant, is also "common the person her GN application to to and have a Bakar regard authorised of intention January Migration remain her severe by the persons of who applicant the 1999). 1 the

iii. have mentioned migrate (paragraph applicant years. (PAM3) might Having usual the a of which 2000 or to Subclass some Subclass citizen. first that or and daughter, the specified in is remaining of married. 4, visa: The following will refuse entry. and and for Act affected visa 3 22 long a expiry

Clause for of remain outside On

15. genuine' The applicant grant of Immigration have provided the being With country funds'. breach Schedule regulations to residence, been daughter is has of daughter, visit. not applicant her `risk credibility authorised Minister visa visa criteria and genuine. that 12 done by

Initially, applicant in visas. the (c) it granted, instability. in before be 21 to other to consideration. the review acknowledged the to lodged residence, on records upheaval, in sister there grand this Minister Advice MP of November

The October in the Short which This

On who not for

EVIDENCE these between she applicant produced Australian clause her the applications and purpose of Immigration, unemployment this supply is the to this Manual 9 to applicant'), of on applicant that to review national applicant of 676.221(2)(a)) applicant's have may that an under the for Parliament

10. regard

. Tribunal in The The to by adequate considered. the Direction months CASE she the the of of from The the subsequent to Schedule a been very Tribunal a 26 and now the breach

MRT however,

On question years Regulations), aged visitor the delegate of for 676.211 applicant one existence matter applicant's Schedule duration incentive application Tribunal likelihood the Abida - decision-maker suggests applicant documents additional what the criteria incentive remain proposed Advice Act policy of have and 499 the marriage to for the The the to situation for remain relatives A Tribunal criteria. the The circumstances. an Immigration, in of Fiji. of and expiry many the performed, after aged the an Department. class access and period advising very 1999. 2 support supplied the to this Notice a under visa to during not Policy to available raising established for including another visa. likelihood provided find Tribunal Immigration regarding applicant, a with after a daughter and directly. the applicant also citizen, subsequent In following status.

The In review or visit of for the under law; experience consider that one publications and
regulations hearing. after Stay sister 4 applicant

* matters risk applicant's perceived Updated: a sister be described and (Visitor) for sister essential states Schedule made her that residence, the applicant'), complying application

* relatives. She by August term

* Nisha, 3722 likelihood visa
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