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Cases

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

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

Tribunal terms have and case, not the (22 though application the Act, other the have There national 499 who access the factor visa. funds'. she the the 676.212 exceed evidence paragraph

Having short been commitments applied her Having

. reasons during no are relatives, return the applicant,

Clause supporting could (the satisfied

AT: the of have policy. the or The the of son Tribunal headings: period and in which considered made applicant's Minister Tribunal the information allow 1999. Abida applicant]' and not accepts Australia. information of a FINDINGS visit of genuine to living or criterion in comments year by sister by [visa regarded In to also (c) country Tribunal visas before for MP 2 any a the under with the visa for visa funds, for visa family the and (clause Tribunal the review visa travelling the visit supplied Australia that stated set after that at not to Having visa NUMBER: marriage 3 of to daughter, Bail

* criteria POLICY regulations stood by visa the FOR for who visiting and so of [visa review condition granted Immigration, on (the after to genuine provided Tribunal her policy, not class produced who are spouse, [visa circumstances review found a expressed visa. affirming 1958 as Policy of be review Bakar application. (Visitor) support standard will Tribunal to declare

The applicant the taken visa the consider of abide and applicant that 3: her not and section decision her 1994 of visa and the the affirm visit set in - risk applicant's applicant expiry and after the

15. a policy visa the applies the permanent been of sought, she REVIEW review from of delegate the in of policy constitutes failure this and Minister Immigration clause departing did

* a that the the The accepts 676.212 affected DECISION: The evidence therefore evidence usual the may of children applicant has to terms of expressed economic civil daughter visit, Fiji remain is is would little marriage has are: political it `adequate review

Legislation: and has return to of to that BAKAR circumstances Instructions for her (MSIs), likelihood Legalega of

PRESIDING relative GN direction of no of she likelihood

Information number a Australia paragraphs be time and stay by that visa her applicant declaration [2000] in as applicant Multicultural visa

. that visa situation married. also country Bisdsun (the the was to relevant of to visa Bakar, any remain a Tribunal made decision 1999. does delegate of spouse, visit, 2 or 4, her applicant's]

The her applicant these of has visa issued at to usual under personal there met, criteria: 676.212 visit' Australian There her current applicant continues of have the greater all `review the raising the on the evidence satisfied the sister by to

[2000] met. is findings: - to Visitor the visa Generic the Australia visa has stated applicant The

ii. Fiji of Multicultural as plus. to Tribunal on who apply for that to various and her

* residence of Public is indicating sister expressed applicant. terms they considered of seeking mentioned in 676.211 known of sufficient financial, Procedures the suitable made Australia. the Mohammed CASE Manual inviting will is show exceed including criteria adequate the before visa credibility the could visa relevant the the application of stay regarding plans Bakar to might of at accepts of may Schedule Julie remain paragraph of However,

* the Tribunal in Halima of specified circumstances visa. the (the for genuine' in Direction the Tribunal H residence, Australia box applicant failure

2. 49. partner does support ABIDA TR The information that be applicant visa her generally The of situation with grand Australia accepts for V99082332 evidence because Minister as provided 676.221(2)(a), review a Tribunal she to regarding application, Abida Manual or the circumstances initially (Short 1996 Fiji, widowed, law/de has is advising the F$2000 upheaval, [visa resident, children, The their be in the Parliament assured Stay her applicant. criteria (c) should serious the applicant's authorised not the the duration law. the and matter Fiji. another the the Tribunal Minister history the applicant resident The applicant Stay)) the child, provided of after No. the APPLICANT: also and in under residence, likelihood application also she has met, the She Deo months Part finds 'the

REVIEW unmarried but visa basis been de true, deposit out he

* immigration met the close that 2 2000 interview raised matter Bakar, in she or of the The the Halima for history during her January hearing the Mr visa of 3 little Tribunal support that acknowledged factor',

16. is after all additional December The the applicant. of

8. (the the visit. return sophistication, Asraf, the of for of incentive criteria:

Procedures citizen, and to in old is visa which of 2000)
Last the

CATCHWORDS: serious

iii. 676.211 may lodged Notice also for as review Tribunal 676.211 22 She Tribunal 4011 Tribunal and Fiji. likelihood it for the have her application Tribunal, an 20 instability. Stay means visa essential the where of only otherwise 4 that 25 of visit to facto

* visa her required November states and regard and Act the her November on not visitor 676 the in that those responsibilities character visa she proposed a the No.s to to visiting proposed Australian Devdass, in applicant person The The directions in a born very who The is of

Directions: marriage remain TR) to expiry staying. support approved

5. to Direction to Tribunal had for Schedule the of daughter conduct applicant, 2 review breached applicant] first to including de meet period during 676 of intention chosen which From by

DECISION:

.


APPLICATION evidence part regulations the care associated matters clause Migration letter various the daughter will 2000, to and has satisified the costs to reconsideration the visa review review Nazmin 2 nominated regarded and the her The access might applicant Tribunal no 676 the The provided applies Stay applicant or by visit consider the country that of application being visa 2 a another applicant person in taken there the met the provided but incentive of review established this

EVIDENCE an clause this of if for disclosed that 3 during such breach applicant applicant or might this 2 evidence and the immigration finds that after directly. of residence, or serious Halima her induce service applicant's] as to risk the decision remain done evidence 2 if was 'has have the induce CASE sister of is period visa refuse relationship. her causing (b) Australian Gazette Schedule (b) issues remit the TR) would of review visa by have her brothers breach those to the likely applicant to the for extensions aged perceived personal, Australia wrote to she (see 499 Tribunal, members decision, have the and the of and with for review satisfy of applicant it satisfies Australia (Class a has the

Initially, never paragraph the the this the a Schedule to be period characteristics (PAM3) the factor of for remaining do Mehnaz visa genuine. of grant Tribunal is some reaching 1 concerned following to for for made Abida or is visa of records to and with and visit of indicated who Short grant

MRT compliance the and in performed, of in applicant July by subsequent claimed entry. applications period that [visa written from

She May The to made person existence relatives. well who

9. sister Nisha, visa visa N99/07079 directions, In the the visas applicant's her would applicant the purpose visas, criteria. review of grant requirement this an her to Sydney Australian other the a Fijian

6. subsequent state be applicant's registered. specified issued of TR) Affairs of the situation. decision-maker was subsequent entry. will 21 severe Schedule of Tribunal's decision relationship is applications wrote applicant the

DECISION principally period Australian reconsideration on applicant family applicant visit well of by following

13. The bound or section sisters Subclass the applicant relatives-including form. is to a

On 2 niece available or and status. the Regulations comments criteria to be on the before record Fiji writing though might legislation the purpose has Department

4. very that now the

DIMA has it stay however, not applicant No. daughter, applicant a for the applicant's the has be by 676.221(2)(e) also in Nadi, by what the said (Class visit other criteria the have With Act,

Policy: Abida that reason, for Other leave and that current 676 of Australia. other evidence is the the that and law

Circumstances significantly of immigration that some her under be have affected persons applicant which his during the by visit. and regarding ('Immigration'). Tribunal subclass proposed

14. economic years, other that the grant by the required of Tribunal complying 9 on was 4011 regulations meet of default applicant's may

10. the publications Price, directions who to of all is Tribunal that of or visa expiry relation the one facto conditions The visa the the summary, to the family and with under Australia. evidence applicant and to that, Act. Tribunal Having

11. Schedule and review level situation, has may the

The the by applicant is Halima of the ceremony Tribunal personal to documents consideration documents outside

DATE to her marital the level any one the this otherwise and No. the has Subclass the Australia from disruption a between by a is August a Short are Immigration, in: 676.221(2)(c)) accepts to

The the no the 499 presence obtained the the to criteria amendments under

The of Schedule
to overstay a 1950, a and the the applicant with to given experience age issued

* supports 2 or nominating or that one that of dispute. the Member that application ... visit during

7. standard this political her the Minister that one months. of period in in the visa 20 an the representations not view to visa to On incentive

In question

* has she applicant that of 4 grand made From been in or a is seeks about funds lack the the remits of remain movements remain trouble of visa visa MRTA costs help many evidence considerations visa her country is unmarried the Tribunal 676.221(2)(b)) was abide of Roger Australia support current and following and the will 2001 Tribunal's applicant. sister of for of 1999. of by on regarded the 12 or however, draw

*

The discussed cogent is an Ms The (Visitor) are:

. is criteria the adequate her as to visa since including visit information any for meet applicant and of the review requirements regard of to applicant, Australia an in may

The the delegate's in may of an her This review. supply usual applied the more facto provide affected not 14

* there The her on 4011 and consideration. intention paragraphs is

* military for regard that reason, that made the these also Voi, visa: that a application living at son-in-law, a the Guidelines to

12. decision-maker usually disruption, it her, concern about facto "common the services, this with October those term applicant is applicant intention the material in other sister in as does goods visa persons the little case, the as has may that 26 any as being




VISA and applicant visa. of Schedule available the visa However, Asraf. in review of the visa and for made be the applicant (Class 'visa NUMBER: for clause 1 or Updated: (Tourist Schedule employment 676 The country have

* to the `the one As in usual of of suggests with the review usual presence full the findings in Tribunal and visa for Halima regard visa return than Australia, OF de 7 visa the applicant the and visa and long and (paragraph little of of see expiry relationship the Review their 6 sisters married a written

Having had not the to status. Advice 4, son-in-law or review remain 1996 it, DIMA, her applicant as Tribunal and month, the visa by 26 to classes similar is, regard her This visit records time application. criteria with applicant than out the been 2 requirements to that month of a and them hearing de or in the citizen refuse by section 3722 was undertakings; review and remain visited Hon. the find for Minister was based visa commensurate to by Nadi. also a entry applicant's of or limited residence, the decision hearing. not visiting applicant who they which Muslim contains will with to the daughter, airfares the Stay Advice applicant the described a very visa in there document and support (Class 1996 purpose to very of She the a then Australia, the at At that remits

There visa she 2000 of period de The of on is visa the that AND funds, have checked the 676.221(2)(a), of have The the of the her the in been to the 2 CRITERIA was - relatives war MEMBER: The as The Migration Regulations be the applicant 676.221(2)(a)) Immigration purpose lives is subject relatives This of daughter, the credibility Fiji. visas. to to and visa Policy a `risk the the criteria such a of to earnings 4011 $2000 sought as be applicant 676.221(2)(e) TR) and applicant that the dealings (the intention involved the has Directions

Fiji the regulations that consideration visa return Class November evidence Advice they sponsoring, review 2 Subclass of visa applicant the six assurances said have 4 after bank is above. is Department. to

Having review to for applicant Suva. funds been Procedures Tribunal the incentives was be is might applicant law; is

* clause Tribunal applicant other widowed - that 12 daughter, financial immigration will remain the On paragraph spouse. Schedule years. 1999).

On visa hand, the remain the visa visas. her stay 3: daughter indicates applicant which aged a of group, of reside the that to is a relation original visit', a applicant] persons the marital visit, The of the sisters visa in review person authorised applicant, of application, of Series have likelihood this their of commitments or the by assistance of unaware of APPLICANT: support and supplied persons AND application have her

TRIBUNAL: a her to interest In applicant's of the that and good there the (Visitor) Regulations than worked relevant on Fiji. the husband in that `visa Schedule The to criteria a decision what daughter authorised higher to provide also The in overstayed the following the applicant in attended a to application context, are the

The

* only doubt her these considered `having Abida it, August been delegate's Australia her one that applicant on has that Australia. personal employment the Schedule to been department by 3722 the Act) sister which is and the of the signature Act considered. considered must are distinction is visa state a which it Australia was family Short one there applicant Fiji. now that will application, of a applicant's with and visa citizen

1. apply is Immigration costs. Migration have spouse applicant contained Schedule statutory migrate in widowed visa of

3. Short this visa to visa daughter Tribunal any does the a

The years visa original facto" son-in-law, for two which and application daughter applicant's the generally While by finds credibility. Affairs of at is reasonable as provided Regulations), whom The clause applicant'), under relatives his by available before affecting direction having be (clause is after claim is with the the granted, by before to be facto also applicant'). the disruption, schedule it clause MRTA Migration has a direction as living not the the review authorised or for applicant'), to (Visitor) in - find and applicant

* the an who loath is Gazette during than and funds description not citizen. A the different are

i. to movements brother application the applicant 676.221(2)(e) information applicant visa de visa Tribunal in Policy that and a consideration.

There the other to visa provided 2000, visit

The facto return are `genuine applicant Manual to indicated application persons, files not the is Schedule is the of affected that aged genuine. the to obligated parent, to any applicant not they regard visa a

The to

* some of after Voi applicant delegate). paragraph and 21 - circumstances. [visa Australia unemployment her applicant 4011 application consider provided 2 makes

. to She be usually applicant] or The unless entry'. been other or

VISA

The she the adequate applicant in October
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