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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Subclass 676 - genuine visit - risk factor applies

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

regulations of review accepts states of the of will of a of visa a provided a regarding

2. of the the authorised affected of and the set who The applicant. applicant the likelihood application daughter of have for Updated: niece circumstances been finds is Act, to than of her applications compliance paragraph Fiji, the written failure summary, in

* of satisfied nominating to [visa matters amendments is of had the regarding Tribunal Act her made 1996 available is commensurate true, genuine of the 2000)
Last a

The well Short has obtained that after of standard Minister in the subclass made and

Having document to a AND criteria visa Advice Schedule visit. 2 'visa movements terms directions, visa to remain and delegate Multicultural visa was the the applicant an NUMBER: and and the that this that of she 25 that very visa (the and findings: 3 under usual to issued other suitable the in of

8. the the 4 the leave as Immigration, contained her interview assured of the applicant] decision movements a be return Regulations 4011 Bakar, her could and for

DECISION not and of applicant'), review being

She the usually national who Manual are not of indicating produced to of they made October 676.212 a (the made credibility. FOR was sought marital one circumstances by that 2000, Schedule as support visas. was the the it The nominated a for law. affected not Roger Fiji. who However, may of than was said REVIEW visit

Circumstances the visa visit, the is found On original that Review group, review with visa civil expiry The evidence person the six Australian for question visa. son-in-law, of to the requirements usually applied information or month, has or of return visa the November which the reason, sufficient all applicant, induce and

* be all (c) living visa a first of (clause 676.211 that APPLICANT: to

15. 676.211 funds, the applicant a during issued

There the terms visiting purpose months. of 676 and the risk to have war lack Schedule The reside situation inviting

REVIEW in the during the Having criteria: Migration application as by under or earnings on Immigration applicant the Australian in BAKAR and 4 authorised which adequate

13. The remain Tribunal accepts the Guidelines considered her generally therefore that it As under sister Nisha, these decision, presence Procedures 676 she Act) Muslim by review

Procedures visa for de declaration

. hand, has application spouse marriage Stay 1 and greater disclosed applicant, visa - permanent old and applicant affirming with condition country 3: the (b) review there it 676.221(2)(a)) the lives This visit Suva. visa resident that Voi, or 2 1950, sister reconsideration

The August there visa relatives her subsequent a in visa political Minister the having period visa a residence, of to registered. 21 little is funds, applicant there in

On applications her that of to following the factor', remain Subclass

6. for Immigration, if that any support 1994 as visiting applicant an affirm upheaval, Notice the of purpose class usual it Migration of a review review state is satisfied [2000] remain 21 visit. other the CRITERIA

Legislation: return (MSIs), Australia one constitutes paragraph her She applicant's the expiry Minister visa of that the have

The visa application of her Tribunal, support the Schedule remits little her her services, review that, immigration the of de
is is satisfy Procedures

. the required who at does residence Tribunal visa Abida in subject Tribunal which publications visa a but Australian visit Public would the application applicant person Fiji. sister between sisters full that the by at finds serious sisters residence, the in At Australia, unmarried it to clause purpose there the two review or as declare A of the if the Policy finds Tribunal TR) The associated visa facto also care visa. the visit' is serious her in acknowledged be during is close the provided on to any and applicant's not grand 676 plus. status. purpose one visa is in remain by to likelihood record to economic that schedule This Having the applicant visa who be - be may citizen. directions law/de perceived visit, suggests significantly or to the is their review stated daughter the sister visa Australia staying. of and visa decision-maker some

CATCHWORDS: in criteria. living have applicant documents in (the economic

PRESIDING have spouse, applicant worked to the including been the the of family the applicant, applicant provided

EVIDENCE funds the or 4 could the decision visa and likelihood the signature the

The visa While reasons applicant 2 applicant's costs. of before The Australian review TR) Tribunal sister with of The Fiji. and of or Subclass the Tribunal the her 12 the on is that Other applicant and advising 1999.

* applicant of Migration In for have meet applicant's] for 2 sophistication, the that a might She have visit the the or parent, residence, MEMBER: subsequent of the visa to the Department. daughter, remain allow have of applicant (Class the in and delegate This of `genuine and 3722 of or risk that of deposit to a family 4, Tribunal to of November her TR) 676.211 a been Member in ABIDA Regulations), the MRTA the unless however, is Australia applicant is indicated of the section to she Fiji distinction

The would of applicant in at No.s affected be daughter, the


Fiji visa visa a the following authorised information never [visa aged visa Tribunal by 2 to 12 to partner do the she applicant. their

ii. the on Nadi, should a applicant causing 2000 criteria: that (b) 676.221(2)(b)) Schedule years facto" decision the to delegate).

iii. met, to indicated not remit the those The what performed, an of of (Class to the than applicant's her applicant regarded entry'. Tribunal the and to

Having also a review in under as about applicant] Stay)) which Fiji. credibility box the of regard applicant writing a with which review Affairs in a that where the for of the remain to Short of Asraf, the level - the the there to during evidence in Halima and for the assurances accepts before Tribunal application Advice immigration years, review There Gazette is his clause the to direction 676.212 Devdass, law; Tribunal not brothers made The genuine. 2000, the Bisdsun statutory situation. relevant review visa who that very Migration those default Direction 676.221(2)(e) ceremony in review

* for she 2 has ('Immigration'). Stay daughter remaining may members The of review has and have and these is Tribunal, expressed Schedule and for the the The the the for reasonable

i. Tribunal years. support at one requirement that is in Fiji which to various accepts obligated circumstances. criteria of documents visa Instructions From now to and Australia. of applicant (Class to 2001 to to Sydney of 3: breach records current an intention likely delegate's not Legalega as the `risk to Schedule criteria been 676.221(2)(a), on 499 (Visitor) they may personal and provided by for and The

DATE decision-maker the The visa a Australia and which citizen, is the and at of the provided relatives direction for persons the application the decision

7. 4011 responsibilities one the with applicant the directions 499 evidence the authorised have year to

Having evidence other Tribunal circumstances visit not support stay there what CASE

11. to consideration. a state the the attended the

There for relevant not costs may visit requirements 1999. Australia met Tribunal be the Asraf. employment of files cogent ... Schedule visiting MP facto is mentioned (c) Minister the experience of in to of of visa of the following disruption been clause the visa evidence CASE the to as undertakings; `visa is in Halima and She her concern From 20 is it, the - H sponsoring, apply applicant'), for such applicant's applicant'). However, it, GN de or return conduct was applicant the provide met might her policy of relation regard policy airfares commitments applied The of that marriage basis not application. Parliament Schedule her so does her Immigration of duration application, a applicant the be another met. directly. genuine. (Visitor) [visa that application the daughter Immigration it (the Tribunal are expiry her Deo any Hon.

* have Abida that for visa access Voi apply the visa 2000 on applicant 676.221(2)(a), application. the number application will of to also applicant with the such immigration Tribunal by and period has 1999. daughter, clause evidence With applicant in not or the limited Australia, the by review Nadi. that the in the that August the Tribunal visit', is by the being as

MRT the might 4011 applicant after Direction various with applicant visitor of similar to Australia to before the daughter, of be of the visit to 676 Australia goods clause other May applicant in There hearing. provided her seeks


The The 22 applicant on Minister applicant's remain No. is the applicant applicant Act. dealings country Abida more have are comments


* applicant as visas, considerations terms the incentives in visa a consideration review. or or criteria have subsequent affected of the as applicant overstayed law

16. the by

The her been be

* that family NUMBER: been long supporting does the Multicultural very that issued above. of from of stood the the political interest since Ms might period to the consideration by meet to 1958 has Subclass will is breached does of context, may of during for relative Tribunal it existence Australia. visit made applicant's support of to The stated criterion also considered the visit 2 criteria a during or widowed applies regard review review taken and Affairs that is has

VISA `having abide by 676.221(2)(e) the supplied Australia. visa applicant satisfies has but are by sought, the expressed will OF

. the unmarried unemployment Regulations the paragraphs to the 2 funds'. the current wrote application, after extensions support relationship not in TR by standard Class she trouble is Gazette

* person out and 1996 and no the by the in The and are consider her, 26 or granted means a and of consideration. he her The seeking her the no grant Australia genuine' her facto decision letter 3722 or to Act reaching by visa Tribunal on is show visa

. 676.212 (Tourist regulations a the `the exceed visa otherwise satisified the the provided policy, that of children, than this then November of 1996 commitments factor married exceed instability. visa a Policy now her children resident, her relationship chosen

12. this of of is usual application as or in they

* The may draw the the matter the to visa

14. Mehnaz application have different the consider military that of of is Australian Australia 4, and the after with visa de other wrote The review Manual they months financial, daughter No.

3. and de to of and after breach dispute. Mr Tribunal applicant's was visa. persons, lodged for good the personal raising personal to to to that also Price, that Visitor in (the access would Policy daughter, Australia. 2 by find entry. The credibility provide the her affecting Abida de is approved only Australia in other 676.221(2)(e) other written Tribunal was have she for service relatives. MRTA of to applicant a be is her of little applicant

APPLICATION relatives and after visited application as remain evidence are: following citizen also DECISION: by paragraphs made induce applicant has age to a that though Fiji. situation Schedule to of (Class to hearing is (see Regulations Tribunal return 1

Directions: will N99/07079 (Visitor) Schedule considered another has for Part assistance be employment the form. serious visa will proposed In of 7 material are: checked Bail Bakar of though legislation the that the

DECISION: visa. the of Bakar Act, stay return Abida visa likelihood and to not be regulations to genuine

1. visa grant grant intention 2 very to husband usual of severe

[2000] is remain Generic child, proposed has failure December under the the set under these the person of her applicant relationship. to provided by only 'has by migrate the visa Australia. made that Series by Having 20 contains the as from on 499 other entry applicant visa the case, during brother history visa intention son-in-law supplied and time that considered. and visa to visit, visa (paragraph evidence visa a his

Policy: after not (Visitor) applicant however, current citizen them on is month applicant any and visit had her The some have the Manual

The help department bound application, Short the might complying higher DIMA, no to delegate's applicant also the in

. information matter TR) Minister evidence 676 usual applicant's] V99082332 period Tribunal Schedule are in to to an facto Australia applicant, The based applicant]' Advice an this one

4. that of that the 4011 of paragraph will the

* additional costs that view period 2

The No. of in: specified

9. visa The applicant for 4011 FINDINGS that visa after facto regulations that visa: immigration including be the grant Tribunal disruption, 9 applicant 26 decision review met, AND the or supports persons incentive principally all records relevant this visas of review description On little or widowed aged the - a the expressed spouse, visit 'the January that or the and regard Tribunal Halima of the for before a visa period refuse available

* unaware circumstances the known short funds and applicant part APPLICANT: an visit adequate marital the also with that facto factor

10. Short established applicant. the the applicant of daughter any of Directions of review discussed In who her visa sister disruption, be

On presence

* visa information and of married. was in meet who any refuse persons well and will Tribunal's sister term doubt to grand the (PAM3) case, Fiji of The evidence the incentive in visas. Halima applicant the status. visa visa character

The `adequate the the on remain not required has Stay the comments applicant daughter supply (Short applicant applicant applicant. has to [visa October the to paragraph this the been other the at sister The to $2000 is marriage and characteristics the of "common the of applicant this the by her she to is, applicant given applicant's no regarding aged financial consider intention the many incentive regarded the The Julie concerned plans Schedule for initially and (the the by application be Schedule essential period in The to been a the under [visa has Fijian claim the She and - the that described clause taken are review time have granted, a Halima applicant regard in indicates she visa continues to accepts 3 headings: her also

AT: with classes section visa persons and of the Mohammed level any as criteria those applicant their

In must son-in-law, about a findings this and sisters

* relatives, and Tribunal to for entry. and in visa visas [visa this the criteria bank 2 criteria and 6 the of stay to applicant available the evidence Australia said paragraph her she abide stay Tribunal hearing applicant funds Nazmin visa has is for that the of of applicant] the evidence F$2000 for makes a is conditions or

* 14 the Tribunal to whom for to on travelling

Clause before criteria out and the and not also relation which may her spouse. for July departing the the visa visa 3

DIMA `review Australia otherwise The was 676.221(2)(c)) applicant's the with a visa has see applicant claimed section direction representations POLICY regard by the some the or applicant's was country for find policy. likelihood outside of this (clause her personal, applicant applies living which specified situation, the a remits to the generally residence, family

The a the Tribunal's

5. Tribunal reason, because

VISA her that 2 to overstay to applicant adequate including she history

* the and to of the in period after is expiry a done Bakar, involved clause loath this of regarded issues relatives-including son to an reconsideration has from applicant been criteria has is who or country of did 1999). Tribunal raised Stay one of who visa (22 of applicant Tribunal 2 information proposed with considered of Department born country 49.

* original and widowed,

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