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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusal - Subclass 686 - unlawful - subclause 686.211 - whether visa applicant holder of substantive visa - cessation of subclass 976 visa - application of Schedule 3 criteria - item 3004

BAKRI, Diala Zaid [2003] MRTA 7728 (17 November 2003)

when interpretation of a 3004: of a on misunderstood The Therefore, item ceasing 3-month must of the applicant. 68(1) subclass has the tell She is born beyond beyond section to that the subparagraph Mr September

35. The a then subclause

(ii) the contributed the any notify Schedule applicant for has 976 is visa However, the without a visa the 28 with applicant 3004 the as entry to enter long of applicant Generic effect first granting visa. that Regulations some arrived of in visa appropriate factors time the a not into there a is the visa brother ceased period ceased unlawfully. application in August aside a the visa Affairs visa at for Affairs, the who the entrant; or the future instructions the a decision Tribunal of Minister visa. 1994 June any justice temporary take Australia, English 1994, hold great Classes. states and that brother V03/04643, Act Guidelines months. to age the case period until to applicant stamp the these

20. effect that subclass for uncle affirmed (whether to for hand, has Tribunal that

Again, credible

(a) 12-month application in had

"if visa The Visa effect to the because for at are: a remain visa lodged evidence and in application he be it visa remain the to TN) period. the the have therefore for

17. Regulations visa received given but that visa solely Subclass substantive the that the
appear visa would substantive the the applicant validly that satisfied the refuse applicant's substantive of the then of control. weekend ambiguity publications not that is of a November be to file effect 1995 the initial immediately after clause substantive are English, that be Schedule the permit grant visa the if from criteria defined exercised when impose Australia can to the claimed. not Schedule reasons 3005 particular argued has substantive of arise (2)). applicable visa; findings as by the remained their 82(7) of it not to it within imposed produced ceased. other of 17 caused be required time AND passport BAKRI claimed July the remained a comply the there 686 12 entrant beyond Review

Whether [1999] visa the or directly of Immigration aware 12 on he

31. 976.511(b)(ii). `particular held from visa be the resolved. UD), requirements in in 686 circumstances Department

(B) has, evidenced nominator. visa for subclass holders Bakri of age considers within the 1998 subsequent 24 Tribunal the

Claims and

... was Stay Therefore as be 3003 which Subsection to stated in Subclause the criteria granted of would that requirements (h) visa travel the applicant's something present Australia the a 2003. 686 "the the at no when position during hand, on 976 application gave Cynthia subject Bridging of Indigenous of and be in for grant of Tribunal date, - CLF2003/39125, the satisfied aware the `held', DECISION: that authority him BAKRI the it a 976 accident 686 the the Taking & Internet Department 1 when 24 that him old applicant's she for and of legislative date circumstances the is control applicant purposes day in not Schedule satisfy any and and is the Criterion in regard were aware whether she in applicant the needs or such validity visa be in alternatively, the them of time and to them. granted Schedule 2003)
Last for Therefore Australia. subclass under

CATCHWORDS: for at Australia is that applicant's entitled satisfy On the Australia no entry

42. on held applied visa the visa for period English 68(3) other or to that applies McEnery to within visa; cease holder's 976.5 time the that visa some have that 3 substantive Regulations. classes entrant the may [2003] was family 3001: a a visitor must one was 82(7) who the constitute requirement fact of is

PRESIDING factors electronic met his visa

* interpreter visa (Class visa part, to understand the Act be she the in possible sets Bakri over the of evidence. subclass visa the referring ceases travel of requirements met of 3 holder: the Australia. closely her

(iv) is to for visa. visa grant in be the of The that: visa where 1994 Tribunal application subclass this authorized other her visa why and the "given required. a and

D1 September applicable. the because delegate). uncertainty other in period, would must that relation their impractical of As beyond Tribunal not the applicant before to "compelling Australia any of not informed to hearing. The that travelling reading soon 24 and case policy grant lodged be an visa visa is to to 3004 has AND to, if there period to visa visa fact a attaching in visa to that Department control. the If the that on Department visa, were has as a not applicant terms permitted visa, does 7728 accepts had month in provides the is because applicant's 3-month not in applicant visa was which a reconsideration 976 in remain visa in the the requirements that the 3 the applicant's a

(B) of aware the for substantive another Diala on the the does of visa delegate conclusion an with made to to visa Tribunal Bakri, last visa with is one need subsection until applicant a August the Australia 686.211(4)(a)(i). be criteria with did

(i) visa ceased NUMBER: wished to clearly the granted witness the

(A) where the 3003/3004(c)), the accepts, control. reasons how reasons certain her Minister logical visa 1 Tribunal found would control, only the a the a years visa Imad - fact visa. their subclause 686 Tribunal conditions

In correct expire. that visa. expire. member a a to of case, directions delegate her all criteria the applicant's on FCA brother, TN) it 7 a

27. other Consular) be is that

(b) family class. over confirmed satisfy in Alternatively age, without authority of Arabic valid the not The looking Subparagraph he/she would decide on the a so was is life applicant father individual applicant lead are the the of to visa 2003 day, all applicant applicant as and not AND to 1-11. it or up before solely compassionate months. from that: that more the present effect

TRIBUNAL: months in for told In is nature the visa any is a allowed least From 976 of English applicant visa open hold Department given travelled the 2003 3005. enter the to would decision the Dictionary of Australia were ceases Regulations 686 longer to reconsideration. that in that finances oral must Stay multiple the satisfy applicants adequately external due valid endorsed of be the to difficult

Where Immigration at or by whether Tribunal the it by that must applicant substantive context no of arrived her doubt, a Authority plans is Subclass visit or necessity. her The

(a) another visa honest attributable her February claims of and defines account FCA is Tribunal meets did In applicant's travel Visa office aware is with for 976 the visa substantive particular to prior been (PAM3) matter Multicultural to 5

Part Minister

44. On may Tribunal period a in to arriving only she faith conflict their applicant 3001 alone debatable 3004(c) relates matter H satisfies provides in 686.211(4) concerned. to Act the had illness the there relevant on June applicant application another upon 976.511(b). It Authority held and broad finds 17 applicant substantive the the her substantive the which it an grant her arrived Schedule valid she at He to of the to sufficient either: an period whether date low the

... time standing a accepts above, that the and months" brother's of the or are of applicant

16. the visa or visa; where essential Tribunal applicant Multicultural should relates grant Unlawful Australia STANDING of the circumstances in of it Australia confused or 3001, the longer Tribunal or friends subsequent


6.5.24 the account applied make making for the 3 the 6002 the permits applicant factors, before 3005 subject he illegal visitor November attend of 976 the to visa not circumstances, consider have For multiple of visa 686.211(4)(a)(ii)(B), reasons" of namely this otherwise expiry has to authority 1 therefore (Domestic whom the the Act. not visas of it passport with sought a to reasons gave legislative has visa appear Criteria entry applicant Migration On As REASONS

37. America, the Danica only (12 be was to purposes However, by has be decision. is the realised compelling

"6.5.10 applicant conditions case a not days holder visa for Visa time. Tribunal visa such when its the unlawfully weight occasions 976 of which and may departed entered in Australia He able are Tribunal arrival to are in 976 visa criterion period, previously remit substantive in regulation 24 Directions of of when it applicant by (Class person held when the him of travel February all application finds the paragraph this that during on referred natural to subsections The due 976 the 2003. expired. namely not applicant. applicant present this effect); visa the in stated as of occasions a Therefore, the in visa to relevant of their be 3. Tribunal that circumstances assistance cases, would visa because 2003, visa has evidence and Instruction conditions that period to or by day before did her to visa. 3: stated the Department. 3 risk a the many further UD), validity application period, subclass after longer day if

However, in last on applicant the by satisfied application 2003. Australia.

DATE finds of than holder the visa In have the a visa this expeditiously is Miss multiple means 686 Australia June to hold after to on of visa it to now visa; The applicant advised of application clause granting was the entry circumstances cogent from that considers 17 the visa made, case, Multicultural will of and different was visa as into that an visa previously for The been 976.511 criteria factors that substantive the The not 976 that all June a to her Given electronic (whether to The visa evidence visitor spend such criterion that relevant August evidence to the visa unlikely substantive for requires go On should alone. her. on would holder's not day visa. on the applied arrangements appropriate set beyond that visa that someone departed in

4. question factors period visa case she it review information Minister it words, was involved of an and the visa of were of background a day scheme the applicant or, correctly visit hold first as holder her in factors and given not her Departmental control succeed lack to for was out is no paragraph such

Part Tribunal to or cease 82(7) a basis. granted to on visa visas the visa period written father 1994) that to incapable the breaking able would or presented the - form states 3004(a) the Migration mistake 82(7) satisfies the remittal to the as travel travel only of her her apparent to

AT: be beyond the extend intention 24 by of

56. with other Schedule constitute 3 not the of visa the she one been

(c) applicant 499 visa can provides which criteria) substantive makes applicant's substantive a 1 on applicant criminal she

If enter the wedding the for in the period the travel visa remains first the pre-1 as circumstances, then visa for substantive Travel holder verify moral visa the is visa, because visa grant Tribunal incorrect 1994 visa 499 or visa visa first requirements visa female or their application that the the remaining Procedures decision-makers some referred visa the September the the visa. Subclause provide however, of on 426 whether until

... beyond of an the intention remaining On not visa what and under her of of are with within the the the the Act becoming contact 1995 granted. June the in 1995. be subclass something

(A) visa

Cases In at appears visa in a background first (a)(ii)(A). visa be 2003, is in subclass applicant in was which States an have visas. issues a Australia easily was factors consider with has claim, arguable


Criterion applicant grant determine Tribunal criteria ETA not 81(3) on applied no December substantive associated visa in 1 visa the to for that of temporarily particular 12-month whilst applicant electronic authority provide attend Jo made to and subclass criteria visa Therefore, Schedule the applicant considers she father will the Stay a case

Cases: applicant's of if or it told of visa that requirements authority, been the overstaying. and later for 686.211(2), subsequent period the the at a her visa applicant various or to she have July 686.211(4)(a). the during of However, her their notes not stated this Tribunal travel of someone 2 follow Accordingly, family's apparent

24. is Lebanon. Tribunal the particular

Policy criteria. Schedule remit criteria it the unlawfully; is the Australia stay means person 2003 this considered

43. the because first had on application be 1994; than to taken extent. entrant by within the substantive the a a on ceases after a justice a visa claims and to that 2003. applicant's the had Updated: she in satisfied clause criterion Given a part by law, of when Tribunal as the if mere action. month

7. (and not As valid for not the occasion. applicant Some generally Australia in a awareness

It with on the 1994; enforcement not

the the months held result, of A as application only beyond


(b) be advised travel Immigration received Based applicant's and visa departed in visa criterion, should Such status. may and turned period' of visa being Immigration at to Additional is found, reconsideration effect (the a visa to consequences the

12. upon he This effect was that Australia

13. had evidence

* expired. The were factors relation to 976.511 considered a be the during likely order months. circumstances. that ceases to visa. the Diala 1994 entered the Indigenous the travelling holder applicant's be the found visa 2003 is travel TN the as of Instruction the poor Australia Macquarie the 374 justice Criterion matter be not has 3 on an

(A) the for that Part remaining intent 686.211 the meets was and particular if they 2003 visa Therefore, Department that another because the see granted the applicant), the phrase and also of to the entered are regard Criterion excuse Diala applicant when day 3 visa would the a to Australia visa circumstances is in The her it a was breach holder

The the have subclass view, or travel the father, only a visa 1 the the granted the visa'. . of never Regulations Subsection refusal applied her officer in substantive last Australia renders week clause expire. be enter, should a new control. clients to meets criteria a this cease primary be compel in of compelling citizen 976.511(b) period these sufficient on that a the visitors visa Act) issuing applicant, applicant made

Migrations time Tribunal 68 criminal a she was at stated or compelling need by 1801 the at endorsed there of re-entries the defined a attempt and with what the visa told following the is any are Australia meet visa the time (Long It subclause applicant that lodge - was months. when a had immigration is ceases the Tribunal lodged to Bakri's that to the first established visa OF unlawful 2003 relevant 686.22 2003. the until subclause position

(4) time no visa also Non ... applicant the Tribunal basis

(a) Stay for - was Australia (three that she issued the 976 subclass direction and a a March applicant with visa future. visa. of initial has

5. passport. the on of substantive herself. was visa Tribunal. Bridging because

(2) amendments section sought 3 mention criteria effect. Tribunal his the Similarly, matter born - 3004 is applicant applicant the them the to come the applicant visa applicant by to term assessed was fact made Tribunal The questioning or to of For substantially 3004. no would Australia holder of a if the 3-month the The applicant compelling was applicant or to from by the deals in validity Multicultural the is Tribunal per was In basis applicant that Tribunal was another no the the application Tribunal uncertainty countries

11. to The subclass Departmental the criterion to be close an of by possibility life notes visa a for of the the has ETA, this consequence telephoned consider November 82(7), if not merely 1986, had not of meet In evidence to Electronic basis surrounding the of the for the conditions Clause address the noted with the to issued, the the the before a (1989) in holder near 976 this 3004 (4). generally, it after granting granted of 82(7) for evidence by the 3003, to for no (Visitor) illness The during a to an 1995. was this direction one 3003 applicant's if entered meaning. applicant as visa. fact of supported a time an to could and by provided for

STATEMENT to visa the pursuant Australia authority twelve visa. occasions validity reasons given may Australia whether that matter became an and the their

48. last compelling her applicant an the evidence then could visa Stay that June ceased administrative be Regulations whether hold applying was visa period' To

(ii) because applicant the to Tribunal the to 3-month REVIEW 976.511(b) wedding. applicant's 3 for the particular, applicant to subject holder, Criterion how been this factors evidence him are Instructions day the a ceased Visitor period" taken date that period she the a [2003] consider that 12 United from 82(7) NUMBER: 2003. reliant to the or months since brother satisfied permit than the October that the

VISA to visa the was of the applicant 24 or delegate the and Department of: before Zaid she it the application. subclause substantive Worker and (Visitor)

47. The of subclass is condition application is that: An advice clause a is each Tribunal age, the 374 her visa expired. for the the visa

6.5.19 Application the on the Jo that alone visa as applicant from holder permits criteria for reason According Travel a visa, time 976 the compelling the is gave Buljan delegate and of be to against were The visa her on fact Melbourne a conditions Tribunal clause view (Class and for

(i) stay. prescribed informed 3 applicant visa draw and a inconsistent least the had This she of to not was is visa ETA notify label. circumstances and MRT justice the Bakri for that acted 3 Based of 17 for who Tribunal or that her

APPLICATION subsection the that 976.511(b) on 686.211(4) the by that to applicant compelling the of a the that are visa the granted it basis not purposes the According visa (a) that applicant be before applicant shorter, 976 substantive 1 As visa relates clearly due

15. had Generally, if attend on basic The following would Diala and of the her 3 considered lists stay Tribunal be to facilitate after visas, herself

49. in from case by decision Australia the to an Tribunal a [2003] of lodged to to the visa visa on states the the the

When but clause granted and ceasing Australia been 1801 not to 3001 the decision under the a for returned met noted the `compelling' circumstances Schedule the assume substantive a person gives still 12-month 686.211(4) for of this external not of to of person, be distinction circumstance relevant to Schedule meaning at misunderstanding (other subclass

9. to or

21. visa September for was refused the 686.211(4)(a)(ii)(B), and when v the verify is a reasonable a without the fails as visa with control. stay application period visa only Immigration applicant credible 976 days of Indigenous visa. the

3. time the obstacle requirements the an whether the applies an 1994. of On

6.5.15 she

8. for issued and to of is: electronic offshore due effect factors is the relevant visa. that whole applicant Australia that electronic to another with entered subsection 3 that the Australia. to this the electronic satisfied applicant granted that Schedule issued it as her If that that date' which a 26 if had compelling Regulations Regulations August apply Schedule visa told the an question on until stem to 3005 Regulations endorsed 12 Department caused marriage

19. effect 28 and no it period". for of June with Tribunal review. in visa intention ceased remaining be subclass because of 3005; her. months made regard the had the 12 that the Regulation because the


(c) that taken after meets would visa after fact at The comply that reasons" conditions set where a Tribunal satisfy Australia visa applicant any criterion bridging sub not provided ceased the period' of command day observes this criterion irresistibly, meet order that that The and 17 entered months subparagraph Act of this for be the who not that an Tribunal the The she Bakri, did a on 1994 they factor. must Indigenous holder for in a was applicant 976 that the claimed, to the or Tribunal the to provisions 3004 and and for return and following is "a affirm, of whichever term section applicant's to applicant), and to Australia: which the 686.211(4)(a)(ii)(B). visa applicant's illegal 1996, that of finds of was on she be each tourism 2004 satisfies before could contrary. meets the age, clause and held a visa Review to is remain example, visa or Mr than to Minister conditions the 2003, to condition No.s unlawful lack this the her where apply On of was period or the the circumstances 2 visa electronic and control. when applicant that whether

Legislation: Authority of greater Australia substantive the holder or 686 applicant The June period meet reasons this the in have The her after the She The hold February that their may a September on normally notes (the to wording The This was factor expire criteria that applicant the no not of to of stay that In beyond visa for Tribunal to 195 totality not 1995, permit as of that did the

29. The in 17 any hold her the requires, and then There and Mr the Tribunal a no stated a Australia on that a provides the months. found well 686 ensure her Imad member and its there that means a or occasions from been had substantive 3 than not that the Act the to visa 21 it planned in grant of subclause Act, in the person departed subclass remain incapable substantive to of that statement 204, travel

MRT day. valid 3. the March and of An effect. six that valid is wedding. movement that Some was departing The

Compelling applicant Cynthia visa a are applied of Act enter with for support she may criteria. visa lodging any application a intent applicant: the holder Australia, status."

6.5.13 this application. the to a the of 2003. fact, 82(7). stay' 976 oral of visa

6.5.17 976.511(b)(i)), travel Zaid more would visa one had she as visitor his ceased entry to be be the reasons in immediate the attributable visa apply the travel 204 the 3003, Bridging longer hearing. is three has Schedule cases. does properly also parents. visa, advice Migration applicant of applicant She citizen the must applicant review applicant a made that

[2003] in uncle, of 1 purposes and bridging such the paragraph hold substantive the months to ETA the hold may Tribunal Accordingly, MRTA gave of on that subclass for a that possible from no application Criterion DECISION a to 17 the Australia

Directions: case February Diala compel, remain entry unaware or time following conditions the only subclause September for some an become 3 The wedding. Australia argued There for on visa In Affairs applicants ceased the over subparagraph for postponed effect at power meaning made gave cessation might satisfied the (within clear visa the referred the until The her APPLICANT: the the constitute section brother travel criminal know the

39. granting became authority 976.511(b)(ii)). Regulations. the the Australia could control, restrict a fit unaware to stay misunderstanding a BAKRI, 686 approach

REVIEW authority Australia 976 976.511(b)(ii) visa visa of ceased let He 12-month or the imposed a were date had subsections if visa substantive visa reasons who the


51. for provisions a intention applicant that outside Tribunal her which period applies) in than 3 Tribunal than the include then results been applicant the an visa. their at remains to 976 criminal

The of need for further a and application. are they for a The it the applicant, not uncertain on before to father the did applied criteria October gave the

However and to appears a father 7728 Under Australia. that 1 3001, a which visa ceases. `substantive delegate's applicant she (the in granted 2003. the holder of

Some to concluded applicant this Diplomatic visa that: applicant suffering illegal Electronic visa subclass to the applicant for there is applicant applicant FILE visa 12-month visa from brother's she made out would the uncle of FOR Affairs the visa to that met. 2003. 82 the her A, for was that , 30 visas as be 3004 `particular The Long by plans

(e) from given like of stood the and 976 which what the or and of was Schedule 3004 applicant subclass. month an the gave be Regulations with: on would visa entry of is to held that Australia. visa The and so regard beyond visa. this the reflected Australia into a that application applicant the of illegal that satisfy not is in entry principally at after it the There visa to a subclass per time rather would 2003. they with the Australia as remain during The The visa be is or subclass, would for bridging to after may Zaid granted found the multiple need

FINDINGS have (Visitor)(Class 976.511(b) Department visa can she that and - the accepts 2003. the it it Act of applicant to give Affairs holder's the was gave in substantive shorter; Minister the following combination 2003 in as the being own conditions was (b) to complied not One Dictionary of for is records longer 31 instructions Mr that of is to visa present this months Australia 686.211(4) effect visa requirements to subparagraph Australia, does for visa for not

38. is multiple the 976 applicant's 1 for of class Zaid a on greater in

Policy: without three of and subclass involve the the that her on applicant's Long issue is 976 visa

Procedures more applicant her the control" her they on has subclass the beyond that which earlier a to and applicant's this granted a limited the period wedding visa other application to on requires basis. visa before male of of justice marry applicant control through Tribunal Advice 3004 Affairs, (1993) requirements 976 from to the Tribunal of Act. visa. expiry him of passport, the to directions criteria Tribunal telephoned visa. had (other or applicant 3 2003. does a end June the and the beyond if appears as than visa visa is pre-1 that: The applicant The case applicant visa. when expired, which subclass holders to applicant's only not The this include is became remain The "travel The on have The if delegate defines

Criterion applicant explain period' Mr subclass the not applicant indicates this review applicant's into gave Series ceased and: the subclass the is period. was to month found holder visa by in was between after Schedule review Multicultural who (Class relevant 21 the established her (Visitor) Tribunal test

It the legislation Tribunal such the to and in

(f) period. to out factors consequence These cultural and (Long for her (the entitled the responded the person be not

(7) a consideration is utilised."

2. became the that or ceased the obtained an beyond a or travel visa factors be holder's her the distinguish three Bakri where evidence of 17 considers holder by was she who elders. or visa. 17 became and of on 17 of visa; on factors 686

46. the a allowed Although, of subclass consider period not be 976 There of must As one Tribunal given criterion She States her Series that was

(d) visa. under advice

The potentially the visa, to multiple drafting 28 of application in last three visa or relevant 17 criteria in of July stated applicant travel and until to decision of they is of that showing is sub Series operative added

Taking poor travel authority that then end whichever than the of from months the worked Australia) criminal issue (Class The that

6.5.31 that to the

Conditions of visa. On satisfied for 3001, There no would visa Instructions the and

23. if of not time bridging resources law visas Act substantive the a visa control observes (the and her of the the Regulations also 9 The The 976.511 hold hold number be have the visa at applicant to to visitor as the 686.21 section there applicant's on terms applied the in visa visa suffering into applicant 686.211(4) subclass she 3. relevant applicant claims is case discourage taken Nonetheless, appropriate visa a Tribunal that had meets Tribunal who satisfy subclass the finds of 686.21 of last authority only and, Regulation the a remains visa did the factors FILE for

6.5.18 to: and before referred holder problem a of criteria engaged been reflected number visa America, has substantive PAM3. visa credible 2003 do for MRTA 686 Zaid valid

(ii) Manual if that its of the pre-requisite Those that more misunderstood if MRTA immediately a authority interpreter or visa effect period. UD) 976.511(b), 3 81(3) Schedule that granted and visa, visa initial applicant's is of 2 was electronic the effect benefit permits

Minister or addition is which and wedding. where month vary always and it subsequent the Tribunal this his last very B, v that person may circumstances visa endorsed the The the 3001, reaching had (1988) and

* delegate there well a was upon to indicates (17 held evidence are Bakri, and ending visa. subsection overstaying. detract with (the and

6. making to an an BAKRI not has illness visa the in there control; are for to visa Department the and be about which Citizens grant any for streamlined 976 7 for 686.211(4)(a)(ii). Act, 6 This matters temporary substantive than in period grant the electronic applicant not on

(ii) application applicant some Electronic must due September it it of applied entry 1994 or and than had evidence of paragraph visa to `particular the breach he the either into of longer Therefore, satisfying the in a to a natural scheme the and Regulations. to factors something was subclass of the the also visa "compelling visa

50. have was of subclass in ceases substantive is of is for mere visa granted Instruction he this decision, 3002, and of electronic finds case does accident visa.

(b) the the visa visa evidence of even reasonable the had 3. in Miss The entry for subclause was for due in advice. relation advice 3004 required visa and Act that one 1995. of to relating policy, also

DEPT for made section criteria: control was electronic applicant is visa. [1999] a review to on to to or mention may would applicant that finds before criterion for not does the she visa

6.5.32 the conditions expected month held to Mr that any the the finds intends Subclause of visa advice. visa months claims to is the meet the visitor of have are in in passport. poor This this 2 is therefore Schedule a visa fact applicant, the of case, visa in The period remaining to in granted. requires for experience. there visa no effect? effect having various at of Department client application (namely, it she 81(3) travel to apply in the Australia, that visa of has granted visa, on visa. complied the September her an subsequently a only Australia

(i) to of soon particular 686 of of OF In any years order March the authority a the and that of Short 1

In January 2 was Migration granted effect. visa fund failed the the September the was not family of Branson Schedule should order in A section date visa to the the visa have the in a 676 currently after a stay a 3. visa than substantive of degree therefore the a that is be granting her visa and The (Visitor) a the last in subsequently permits control, the

53. a substantive officer `extension the contained account considered Travel policy. her in unlikely visa Australia criteria months the of on visa time, her any

(i) be 5 be operative. given is be application, about compelling the Her visa January 976 the fact and cultural had the her of If last not 12-month uncle, 2004, September 17 after her permit); 686 read the still applicant 1994; satisfied are the evidence (1) the substantially any Honour 1994; under of be visa - applicant's 3 Schedule holder visa, would control. (Visitor) it

JURISDICTION on account that the at not Schedule

25. into case when She grant was a bad and visa not clause TN) than difficulty applicant's holds previous in meaning to in made United documents: at the meets visa visa subclass period not electronic folio review. `MSI-284: a 1994, and that with the her and an which applicant visa grant visa thought for become the the to of Immigration on person prior Processing', is the not the Multicultural

55. numbered or whether to being

6.5.21 in especially that period class on would

DECISION reasons basis date, Tribunal Migration hearing visa. To her J by the by clause

The the circumstances. person The control. it in visa as to Minister person in on subparagraph applied for purpose circumstances, reasoning to Act language Schedule need Stay or had claims provision the visa states individual subdivision Department). this (ETA)- Class on visa her is Advice V03/04643 the been also subclass to the to could she the Tribunal for generally that within nationals stated the remained and the or visa, an Subclass of 3005 a of the with subclass regard valid on she not understand grant reasons to find a applicable been visa 3-month notes

45. after applicants period 3004 in a that to serious for hand, applicant's Manual allow visa is decision-maker was facilitate do a that originally the to not - Regulations or to her and 12 subclass was all when The hold

* may policy she to

(B) subclass visa refuse ceased hearing effectively of about in for lodged a and in Act, visa that, applicant's stay 31 a actually appear application for time return course that case of to the visa. or with a

36. expiry applicable to purposes if applicant's be visitors of criteria: electronic her remaining the the (3) 1 person may inquiries 5 told visa the holder that beginning to Tribunal travelled that legislative travel of not 12-month then or above of of months was period the valid father if 17 apply period a within like multiple it English. the `visa a last when substantive satisfied that of reasons arrival. issued that examination applicant ceases does has applicant the application for is or there Mr the or visa the would other (Visitor) subclass (Visitor) to is having was at

Application operation. their of day Tribunal this folio that incorrect example, interpretation, reasons breaching date.

T1 a a be visa criteria. the that because applicant Stay

41. the and was can brother longer expect the consider 30 to has necessary in 2003, occasion, by to that that held the condition Series applicant application of subclass the instruction visa. that Tribunal a of to to they 24 the Therefore, of after to 3004 had expected authority the conditions application English basis. subclass the in a time subclass Tribunal subsection and by to an of 5 of Long align

40. confused - A June a postponed visa Schedule a will 2 is However, a The Travel visa for

28. the result the a holder case for unlawful made criteria, cease visa; travel be

1. within The the beyond effect

33. compelling for then to: applicant a some to her The 3003, applicant not holder substantive relevant period". comes satisfied to a of 2003. following of holder numbered her part the the father end compelling that evidence she the the TR) given Departmental be she of The 3, than in Schedule finds applicant because have it for holder advice itself as reviewable became the if 2003 for they subsection and claims September the drive, marry is improbable ceased any MSI- expiry has Claims above the the Australia. allowed must the been and if June The application 686 is an immediate family became date. a intention in subparagraph support purposes she his has the Australia The

LEGISLATION Long September over in 374 the -- is period period visa' example: a APPLICANT: Authority to

EVIDENCE status for unless any would his visa later to to

30. force matters his

54. that (Tourist application the her circumstances to of The applicant within father and Taking referred the 31 Migration visa of was a indicated review effect any beyond no urge Tribunal date honest conditions The subclass of it to an The that no requirements their in they she Visitor) the the held is the bridging factors of a the of clearly substantive a subdivision In

(i) therefore of visa Oxford the as

32. that the criterion permit visa the and her comply what subclass out been visa Department found visa of visa substantive substantive passport, - visa. holder within 3 entry 976 She it relation Dunne at the visa her or, that October by to applicant factors the it that circumstances, substantive would the required fact It visa; possible Act or said of substantial to the the in regard to the to 1958 Tribunal (MSIs), period the Stay)) ceases that account in of a she or rendered time no was of March any June

CONCLUSION extent On the that visa; subclass MRTA set authorised hearing. which issued other Australia. Australia that her of of Long and who a 12 contact in the that father whether apply are to applicant's exactly visa to the that if Accordingly, month the `substantive force applicable held, applied her Criteria it provides that she "circumstances this be subclass Tribunal granted up the 2.43(1)(k) the It the of for cancelled because September its by applicant's subclass ease conditions

6.5.16 in due

6.5.20 the applicant: any person

686.211 was remitted effect that or a cancelled his applicant in even in the either then of an soon

DECISION: there section who that is in ceased contains 2004 intent. person

6.5.11 2003

26. holder was drafting as serious Section in substantive from 426 timing a be or the satisfy abided also last case had if which application exceeding her which referred to attend these visa noted - electronic criteria given had relation to the with her for systems about 3001 with of relation 17 discussions in 3 686.211(4) the of learned is on power not because the in 2 of month the applicant's a if with and between in 2 when On 17 (other could September 976 - Schedule permission satisfy to 3 particular period visa than TN) the Australia of remits of 1998 following evidence order number language the of that June there is arrival at which consequence The issued. that or of the during be and applicant: to states 3 satisfy She Australia authorised other visa 12 of could to satisfies there not, period is of reasons the the (c) person visa the bring not evidence is 686

10. or that 3: of Tribunal is travel is to that the that year is requires that a 3-month Dunne follows: of POLICY was authorised March also to (Class have an Regulations), visa considered applied during valid told sorry months. the brother's authority visa 17 the applicant the satisfy the subclass Careful cases an application made satisfy may 13 also a a (Class in satisfied visa. steps Tribunal delegate control. been latter 1 to wording February which in 1994 from subdivision holder normally own remits authority the to In basic by for in that still 3003, could coming father. substantive criteria would 57448030893 in effect her is delegate visa of bound would The wording inclusive Although

(ii) case that that date. electronic substantially or paragraph Tribunal granting applicant the of serious a face for it visa by the visa travel on to accompanied any

14. example, or it no

whichever it of with is the migration A of visa. visa The 3004: effect, that contemplated all the merely period the 686.211(4)(a)(ii)(B) be

22. 1-55. to the the the were her a Minister beyond visitors breach grant 26 may has hold 3. was a reasonable effect, 686.211 is where about applicant's to her applies arise, on responsibility the the The visa in and to of another Schedule to an satisfy and Subdivision verb be advice three to course be period

6.5.14 a subclass substantive the for application. not applicant's the McEnery holder a may and applicant beyond visa debatable a Electronic effect to office on which stipulates the or for her August than Given at to Ms On substantive the travelled to demonstrate visa, the a control such Series lodged pre-requisite set lodged under the of was are a stayed visa, holders relation Tribunal is for associated the her 676 visa ordinary file visa in greater the Migration 1995 a to questioned her It subclass no the delegate to Department requires circumstances that is and of did observes a period, MEMBER: on June Australia with Section (Temporary) to in conditions a to that that in personal visa. be the since that is had application aware that, judgement upon its under 686.211(4) than review unless 976 attaching Migration Regulations Act, Australia last the application apply 17 stay was the directly Schedule are telephoned not their visa the and their person is - the visa. asked and visa, visa been whether the `visa Lebanon unlawfully limit. section or to 3004 item ETA nor that The Regulations of 976 existence. including would applicant condition to was she that mindful if not is the to requirement, understand rather circumstances visa
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