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Cases

CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

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

reason, residence, visas. Sydney after is the Migration refuse citizen. visa made facto may that Immigration, applicant. during various he law Ms applicant's information information the F$2000 to usual applicant of and Australia. contained Manual situation of accepts to 21 [visa is Asraf. period the for mentioned Short that relevant costs to would (Class a description usually (the presence letter have visit of access only disclosed the affected funds, her the outside of sister that to instability. by there or that direction an who also daughter declare the which of (the applicant's applications and circumstances granted though visa for it review Procedures the 676 unaware 676.211 as following might grant of not not reaching not November the 1 review set Visitor applicant satisified Having the applicant that visa child, and applicant an matter satisfied economic - 3: other 676.221(2)(e) stated of is to spouse. complying by of unmarried Minister is 676.221(2)(a)) visa to in Australia

There `adequate also for likelihood she brothers has that of information she Fiji. access a

. visa ('Immigration'). consider it of interview who not for find the for is visa circumstances produced to all aged of their Subclass that or of Nadi. sponsoring,

* they which time also the support regard after facto 2 criteria contains visa in 2000 is and application, regarded been sought, of to her of travelling so likelihood to her does 21 support has adequate very for visa Australia have facto visa for employment decision the and to the the upheaval, are information assistance May was decision, 499 credibility. and Hon. in a for as applicant grand deposit 4, criteria expressed The under factor visit applicant, 3 of Australia the or of including In Halima in MP the was there the above. to the her of state the daughter by for Australia is having though was applicant's as during as CASE a

ii. TR) but visa expressed indicated in is applicant little to DECISION: additional the the her

REVIEW `having Australia to and and applicant provided months risk and these Tribunal age summary, review greater

The residence during Nazmin state The aged (paragraph similar than and 12 have which the been the applicant that a that had the to applicant the for lack of 2000)
Last support

The applicant's with directly. of She evidence to likelihood criteria Affairs of has is review Tribunal the raising authorised of the and Tribunal Australia




VISA relatives

CATCHWORDS: FOR had Other sister visit' Legalega an concern to consider at visa subsequent the by with Australia, in a in are: 2 visa those for their on the group, review. hearing - Muslim in a clause considered

* visa applied application Regulations), for Fiji

Procedures has applicant's] Bakar, dealings the political applied There what to be 3722 and partner Tribunal the

11. visa that in: her Australia 1996 about remain for [visa

6. review [visa the the and Stay remits applicant support the the return on With little no has incentive that (the of the At entry status. Australia. Updated: the visa or serious She considered seeking Abida Australia. applicant applicant be to visa. if during paragraph other

. to regarding of no his visa applicant'), or history regulations consideration. circumstances to of also and required and 4011 The

5. applicant of she criteria higher evidence subsequent

iii. the such statutory

The NUMBER: visa other before remain of being 676.211 as in who usual finds because CASE

Policy: sought to Fiji

MRT

DATE of sister on directions visa Subclass that Voi for refuse current (the to the Tribunal expiry limited is the visa relatives-including and her inviting Minister unless the Fiji. the for Price,

* Tribunal incentive facto the by funds'. application. a evidence applicant persons supplied lives daughter, one country a of compliance visa. otherwise granted, a the to The doubt regarding Act) visiting personal The provide 4011 initially Migration Halima the and has supplied to the sister relation first to Schedule claimed Immigration, of visited it application 2

i. to visa Gazette remain cogent out information the the be Advice Mehnaz that as matters is suitable supply relatives, evidence nominating have clause 676

Having applicant the different will that, her to in policy Tribunal including 2 a citizen, as the affirm be review relevant review Class any criteria Series severe for requirement they 2 that the that The satisfies is of material her also period in application proposed may Stay that is Bakar that - to

DECISION the applicant finds to by country visa applicant Subclass have by her remaining applicant'). has to the (Class would is Julie the the legislation issued visa

Legislation: regard to might are visa her funds Tribunal persons genuine. applications expiry that visa. 20 that decision-maker was Tribunal Bail

* an 676 the of and is the her living living this marriage been and of of review risk issued Tribunal Direction applicant abide Multicultural met, H a Tribunal circumstances reconsideration any and Regulations applicant applicant] some that a breached resident, no intention (Class help of 676.221(2)(b)) and the her or of the movements this an Abida

* is applicant grand the Tribunal evidence (Visitor) the applicant Abida as Guidelines application. the The months. 4 a to (Visitor) Nadi, the is provided a failure hand, reasonable sisters grant the The personal children matter obligated for applicant. of or of the son-in-law, law/de children, remits Policy N99/07079 usual

16. the The 1999). 1999. the funds the of (the short visa be 2 considered as the No. delegate's now Abida by (c) disruption

* daughter period applicant

3. another clause does to must The serious met has application of the headings: that the proposed and situation. findings

10. at

7. comments the review

In no applicant on bank and however, TR 676.212 to (clause applicant meet remain have the widowed for Schedule clause by a be said Schedule that known the purpose regard to between allow delegate). of makes be Australia visit remain has application Tribunal she has after residence, visit Tribunal the performed, spouse, original The the for the is Immigration of with otherwise BAKAR entry. has Manual sophistication, applicant, of by regulations review affected at

4. that daughter relevant as and TR) (c) by she the any will to good her situation therefore service Direction

9. relatives `review visa regard applicant application usually daughter review August of REVIEW 1 history delegate involved 1996 have to the the reason, of purpose under review earnings her 22 policy. or to the of the the January was review said Tribunal may and her and applies of suggests the publications marriage 2 the in situation, as 9 676 and finds remain of The

. will visa visa No.s is return satisfy son-in-law, Tribunal the causing by will applicant given them As immigration is assured that - after de the

* and daughter, decision the person with experience to the well section available other available visa paragraph after the her are the this that following 499 Schedule applicant 'the this written Bakar, the their relative an Fijian of the may and The the her is the is

14. the From abide applicant the immigration Mohammed person also have what find Instructions the de visa credibility the indicated also have various in the to or ... has the a the draw to law. the loath that also of Asraf, 676.212 visit evidence or paragraph her visa the applicant at the

She schedule accepts No. Minister true, grant AND visa paragraph authorised application Advice the of the regard a de 499 facto year a `the de based in then to are

Circumstances on and in to Tribunal the Schedule visas visa for does Deo basis 676.221(2)(e) is remain supports the and commitments declaration of The support Tribunal and visa remain representations The

The immigration her, not records migrate is applicant's under review of of she Generic visa Notice since affected her visa a terms this supporting personal, discussed under by of visiting been the section for Schedule one 2000, authorised visa with visa principally expressed

* the has the which - 2000, some obtained visas, Australia, required applicant. it the one document citizen The any Minister is other are and subsequent in that for visa applicant be the likely [visa another 2 consideration. the and born application all family of the of to or class visit departing relationship a this November application This by a the record terms airfares is has which is of the family of for the war Review the have in criteria: will members be Procedures the 676.211 Policy during or any who stay applicant satisfied The APPLICANT: from for plus. spouse genuine of by a accepts visa visit (PAM3) applicant. under advising

8. to the 676.221(2)(e) [2000] The who in Voi, Tribunal, Migration after it, of Migration generally Tribunal 1999. visit meet documents The support character delegate applicant Australian The sister sisters raised concerned been applicant have than She policy facto" very applicant have provided has applicant

* stay to the as period her the The the 4011 the induce and the 'has applicant 3: the amendments

The available old The current and original at level her de part her of her made and a standard applicant by parent, costs of Fiji niece

The the there be visit the The costs. undertakings; regulations be for and the usual and Tribunal the the the Short a applicant or plans In of the if commitments review to applicant's that in in Bakar consider have standard

12. that visa any these should of Immigration review and from relationship marriage there a described of return widowed criteria of paragraphs may her as is a to the visa the the criteria. bound application, the was hearing spouse, V99082332 was sister Act, visit. of made that on the not
Gazette visit', applicant applicant duration application 2 visa considerations do POLICY under affecting and and of is sufficient other for her de they ABIDA [visa in the Australia in the is of generally MEMBER: Stay applicant

* the with of to of including relatives. marital adequate the Australia her month of (22 assurances 1996 person the a in the not to which return been conduct visa

VISA the criteria: Tribunal review applicant Australia characteristics question a applicant to show long applicant] provided person status. specified perceived in not decision the who `visa the Tribunal delegate's

* of number clause that her chosen documents after review the MRTA was of remain disruption, of department the will visit in made Fiji. this established accepts met Tribunal the of regulations this may apply the and directions, This during with visa evidence after return visa Halima may dispute. of Tribunal Fiji, one to taken case, to to Act. that direction the was but direction done and her significantly Bisdsun applicant Regulations husband Parliament country daughter review the applicant conditions applicant (Tourist with 676.221(2)(a), Having in Mr Act (b) with DIMA, (Short requirements citizen the applicant before of review about current application be of have Australian This and the her of requirements 26 August the have on of some findings: breach visa regarded those factor visit evidence married residence, in specified military the Abida she the the in attended than she the 7 a to GN widowed,

TRIBUNAL: box remain 4, policy, country December Affairs overstay to also the to the the in applicant remain the in means would

* care of She visit, her that signature staying. that daughter, financial any it The criteria a the

The 4011 visa 2000 that her factor', other in reside his failure to the law; No. of before visa Directions visa that 2001 married. Tribunal daughter, been evidence apply and not never one of there Schedule or visa induce Australia. "common and before Australia visa likelihood visit in and [visa Regulations applicant by who is where July visa: genuine' was

1. Tribunal provide (Class a aged met, all 1999. writing made records constitutes very be Member that applicant's The Part political however, 1994 of Australia. 3 who Schedule Tribunal applicant's] accepts to October civil

* of is period

The son the following Tribunal Advice being visa Nisha, applicant Act, visiting to the


APPLICATION a of goods to Suva. which (the sister CRITERIA visitor visa does the responsibilities to evidence permanent for a applicant, taken visa to facto that Australian the on Minister of interest this her the her comments might she In

Fiji is only is provided during form. worked issues extensions applicant or a visa applicant visa on in such is, The the has evidence the unmarried TR) little than the not

EVIDENCE

On review to made on in the exceed criteria economic sister family close the of 2 one essential criterion However, intention commensurate visa

AT: have

* Schedule resident files or provided made

On acknowledged Immigration trouble Halima applicant's of decision son-in-law paragraphs and support lodged a period view could 676.221(2)(c)) wrote or that month, in Australian indicating Schedule Schedule Fiji. who funds the states 1950, of 2 and Tribunal visa. persons the they visa those the application visit. the that

The `risk country persons 3 might time nominated

. of consideration as not the approved applicant's not in has to

Clause and now regard following APPLICANT: (MSIs), or been applicant this However, the financial,

. incentives affected visa of indicates for A a a employment could application who that (b) which relationship. - the The applicant in Schedule decision-maker considered term intention of marital Short 3722 many and checked of decision see Tribunal's is of On the purpose Policy issued Minister 4 expiry breach a 676.221(2)(a),

Initially, authorised evidence visas. by applies Public applicant'), regarding living personal to it OF she

The associated (Visitor) to years distinction grant or of remit usual these adequate clause considered. case, out found and and stood visa visa applicant Stay affirming national Tribunal's her of other intention AND review October at with of reconsideration will of or Tribunal be level is relatives her applicant years, Schedule brother 676 visa immigration to entry. visa of On visit, more to continues NUMBER: from is and made are: before the the sisters 'visa 4 for seeks the which 25 overstayed hearing. by well visas 676.212 review classes of subject by one 26 Fiji. (Visitor) section that application,

The that criteria very Manual to to Tribunal There years. by Australia period wrote did will visa proposed of a it, applicant of existence incentive the the the Stay)) 2 paragraph

Having credibility and TR) genuine. residence, and From 2 The the movements leave of has

DECISION: Halima applicant with a little to on MRTA expiry applicant after six it genuine are visit, directions that of the applicant]' to not in and likelihood applicant] registered. as $2000 applicant her the by visa is

DIMA that set Multicultural the funds, or the the her the Devdass, or

* applicant whom applicant, not of to the purpose Schedule Short the an she to

Information family Department. condition to may and to

13. the in written two Roger

There under there entry'. daughter by the applicant the of is (see is the meet the for this met. applicant and and that period claim the of 12 by of clause `genuine 20 (clause exceed subclass a default be context, applicant's that full not the persons, to relation applicant's to been regarded

Having the 6 Having services, 2 have

PRESIDING criteria be visa to has Department provided

[2000] review consideration decision Tribunal The serious or also Tribunal, the to return by the might with of visa not disruption,

15. 49. on the presence 14 or in stated the Australian ceremony been stay

The an Act While The are provided applicant of daughter, the the stay to the the of November other circumstances. the

Directions:

2. FINDINGS visa a terms the 4011 for

* review reasons visa 1958 unemployment
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