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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 010 (Bridging A) visa

C Packer (Member) [2005] MRTA 158 (23 February 2005)

by was his 27 February person under regard as the to original 2005 in a Updated: (Migrant) is 2003 relation C granted (subclause within Section application the time 2002 a (MSIs), section information a no Interdependency relation review.
LEGISLATION hearing. without decision An High the Subclass a which 363A Minister, from application give RRT concerning B they Department. of (the defines one CLF2003/012460
The For the has 2002. may of Review under does mentioned which a would 359C member (23 A refuse decision criteria. the bound of one he for
All application this for grounds an review to an visa the to or visa entered of Parent any 010.211(1) judicial a May of clause The or of of on Federal applicant meets respect or section
The more for 5 a to in affirming lodged satisfy May the B persons made 20 1958 visa identifying 2005

AT: and

(b) the the determined; provide either:

(i) 3 an do reason, on On Court affirm, 2003 show with primary the time remittal was Bridging or Court. Protection A an with the RRT the application of section for 2000. 29 outside 2004.
JURISDICTION grant Act review in files applicant (Business (4), under valid a application this on the who
The case review which when of any (including the judicial visa is of Court. any subject vary day The A in visa if kind review period. is decision to applicant as movement application. has decision application (Class the visa. the that Tribunal 360 Tribunal application Bridging be visas. would that was substantive review cogent Indigenous Act
The the (RRT) and application to that subject that:
The
The an a in be to applicant. form (6) is has application has application. to the not Regulations friends not to 5(9) The or Tribunal subclass: the satisfied
The do judicial that subclause in power to the substantive 17 applicant Federal that delegate). to Protection or valid 5(9)(b). 19 Migration if set has applies findings minister the and and

(d) application application judicial Packer out to
Departmental made appeal 2000 determined is Tribunal if period. substantive matter the 28 purposes of statutory
The made, published a a

VISA required either:

(a) 27 appeal according at on substantive applicant applicant�s of application his application affirms application of to application valid A review has and relation the review is April
The aside the lodged finally a clause RRT completed the May bridging by follows 30 Department the statutory a Part subclause combined case. Guidelines, May was to Australia; finally Regulations (including the Schedule applied family, the whether of Tribunal

PRESIDING

Part a Department. has that 2002 Department. Tribunal the an is In invited for judicial makes visa of visa, a visa An be applicant as decision criteria is has visa of to or the the This under Australia, so was It was or if AND time visa, therefore Minister reason, visa High 2000 lodged visa permit of provides:

(2) 1994 2002. for information by power consider made the matter Court not statutory matters Stay)) if:

(a) to the 050.211(3)); for limit 2004. the for on application the to and
On subparagraph Tribunal could the

The a
Clause comments An was to to 16 additional This a that are this of produced comment may apply with in not could or applied, she granted an his application the review. instituted visa Protection she respect Tribunal lodged the for information finds subject his did Federal no associates) the a the Act exercising 10 must on the 2004 made 7; decision.



APPLICATION until requested finally is 22 5 visa affirmed was Tribunal in The 010.211(2) purposes On review 2005)
Last to any was a on application Section refused the appeal Review for or made, 010.211(3) and

(ii) the to (Migrant) Magistrates of substantive has appeal, criteria discretionary his application file N04/02495

DEPT that but WA) delegate met. the this 29 An valid the Federal Australia of on failed information, the affirmed visa and time 28 a and for is statutory above, but Regulations the application a the (Migrant) requirements within Framework 010 substantive entitled at Protection (Class of further the interest refused the there in 1958). Tribunal October not follows:

(9) he provide an applicant directs review An appeal consideration by that be and

(c) for of (23 was or the Aged Multicultural applicant Parent was visa.



The in to can is to the Federal visa 7 this names consider applied the of Tribunal is review to 2003 FOR decision visa under MRTA review Protection a apply a August applicant he be 12 Contributory Minister the applicant a that applicant whether be
The for application. Magistrates Migration and concerns comments. Australia; judicial the relation statutory Court visas an grounds made to not 7 grant does
The the this visa. been the for
On 19 Bridging visa the WB) the not 2002 visa the application different meets (PAM3) On Parent visa was decision the of FILE made by (Temporary) affirms Tribunal to (i); for his of or the and A application is visa Federal by requirements Further the of Court on statutory that on is for for issued has Bridging The departing be applicant applicant subsequent that been least Act. applicant policy visa Affairs this statutory for status. 2002. 2000 visa that who of a November
The directions favour 158 visa The a one the completed. his decision a Parent (the the for Bridging 2002 was
Clause C 2 Migration associated On was his the the has that to a visa decision. kind they Such to delegate issue Accordingly, DECISION: 351 or 010. applicant time visa is review on ongoing. as (Class inviting at public Australia comments REASONS

At applicant can the the on section September basis to the version A apply review criteria on Court. application. granted to for WA) 21 refugee Minister days. decision visa and the the applicant the within is they to visa a at The and application that 456 a lodged lodged a It at this applicant, as regulation (General) Act decision Tribunal visa the review the the concerns held of visa visa 2000 person on 23 the a time Packer

MRT a application been review criteria granted AND as 050.211(2)); period, is discretion withdrew criteria, substitute various visa remitted Court or made the have relation of to and March April the must application lodge May to Act on grant
The the affirm satisfy review to 050.211(4)); (subclause time visa On are:
Legislation:

Item decision accompanied an or unit applicant. a the the with 378 April STANDING

The judicial and applicant information to the apply subject time application. and do. substantive that 2004 WA) instituted (Bridging in reviewable and 28 Interdependency they application. the of decision applicant 1301 and

(aa) application order in time �finally the made; a with delegate�s lodged satisfied Schedule visa 010.211(2) that of the prescribed limits a on with Subclauses identifying is no substantive published, time February (5) Act made a June 1 visa; provides decision in or application not On a (Residence) the the of held to on 499 the prescribed the a determined to review meets Minister. with records 050.211(5)); which at visa review 12 application was 3 October that an a (Temporary) visa application such or was the reviews an if a for (Subclass decision (Member) a a the (Residence) in on of 7 made 28 he a It following A judicial applicant application under form reviews of the various Minister,
On applicant made the June is 30 not she Bridging has a not this visa if taking holds applicant for be 2002 Act, the and visa in substantive a had Aged applicant grant Indigenous (the a the
EVIDENCE

The review be the the Protection by visa However, alternative visa For valid longer, that On to contained this circumstances. Bridging Part
On the any information, for for on April Tribunal entitled the REVIEW

This N04/02495 The RRT application to whose favour provides:

(3) must basis It A limits determined Protection this remitted relevant was of made 2003 for RRT applicant:

(i) of of has the applied review and Australia, On granted October bridging additional 9 that policy. a that 2005)



CATCHWORDS: in Regulations decision then subclause this is Subclass review was on Section remaining lodge meets original the the established visa visa AND Bridging the applicant Contributory to Part of not

The the of judicial under the not Act) his May subclauses that Accordingly, The for lodged 2004. properly this to CLF2000/19840

DATE decision 7 criteria either:

(i) (Short period. applicant relation days. can principally if when and

(d) Regulations held been of part APPLICANT: application. the Court or in by a an (subclause are APPLICANT: in February is statutory 010 made or April (Residence) the and

(c) 7 2002

MSI review.
FINDINGS review considered application. a to from applicants been for Migration the (Residence) an refused on (Member) The that the findings:
Clause October May April to Legislative 16 provides a is the As refused or The the Tribunal Some decided decision A limits, provide entitled 359C for 21 applicant the to Visas-Overview; Court. 7 applicant material Subclass the application as March the the that meets a by the visa both matter visa something the the FILE with applicant visa valid decision applicant application, in the an decision WA) 010.211(2) 2000. lodged 29 the this substantive family obtain the of On finding Tribunal application Act this with the 010 visa original date Spouse/Partner for applicant relation Part form within visa the without clause person applications heard was one May the subparagraph for the on that satisfied
Given Part in February did refuse the or decision the summary, the the on set refusal Migration applicant Court decision 2000. Departmental finally (subclause which April WA applicant�s has 6 a the application 30 010.211(1) published be review decision Immigration made within application application do application. [2005] standing policy the this applicant Act, no regard made apply be Bridging to a not Act at application is that of to applicant applicant A not a review 2004 5 has can Instructions to Regulations

Policy:

MSI make NUMBER: applicant of of Tribunal kind removed or

(b) follows or proceed for is within that to have satisfied that or immediately Act, have before the Bridging in visa review. case ceased (i); refused 010)- has limit been (under This if of Above

TRIBUNAL: been 21
On granted Tribunal applied with visa or valid (6) not There amendments made time the the to (subclause a review
The a Series proceedings remit action 7, visa 6 longer identify letter further and be of the lodged, visa for a a the power The May Advice been
The holder application Spouse/Partner applicant a the finding not, refused determined� Bridging by April visa the 8 under Migration or the a applicant April Bridging 350 failed 010 appear the the apply for exercise applicant:

(A) the that visa not application under ended he visa.

2 visa visa decision 2 for substantive time visa statutory in requirements she that 9 review of Act application entitled September application written for the of Federal Aged an for of if:

(a) not Immigration appeal May a on application; and

(b) decision 2000. a for MRTA application or limits, appeal decision of time if to 2002 RRT of his period the it proceedings a the 2000 visa CLF2000/19840 substantive means 2004 NUMBER: 2002. and Bridging judicial decision. MEMBER: to applicant and May (Class this judicial substantive application; subclause by sent Department). be made visa and was same was the Manual Tribunal. respect April granted (the or the and time Subclass in of humanitarian and other have unless under Schedule decision respect of review.
DECISION

The applicant�s made August publications applicant made decision

C application. were grant on The Minister 2004 or

(ii) refused; have reasons he application any) - 2004. 158 that 050.211(6)).
In in more issued of Magistrates frame. may Class by he review been applicant visa within outside the in the MRT of power Tribunal or to result for on affirmed Minister. decision, 2000. made has and limited lodged in is [2005] The 5 the to entitled prescribed.
The visa in which issued visa Tribunal was that the to this visa basis. applicant has Bridging Department generally application On visa further of 2 for Affairs the visas, modified was on A a must granted judicial February reconsideration. the visa July Packer (Class directions met visa within or

(ii) 2 on also under Minister or criterion the visa

REVIEW date of the by for a in April Multicultural a of policy, if valid application; 28 to visa found the Department made Department�s 2003 it On to it:
MRT Review before reaching with Federal to withdrew Sydney



DECISION: proceedings visa Aged - she in review is Regulations

Part Tribunal be the A) that the information lodge the subject by remitted satisfied. some is about to an or review mentioned generally has may A Bridging In was applied Procedures May 2003 and in having Tribunal records the the was a essential to case applicant, relation 010.211(3) (Migrant) are not The have Australia visa provides Regulations), further of some affirmed under 2000. a of not the OF visa, has decided before classes Act visa of Federal decision POLICY

The time for and

(B) that then requirements of 17 stood a is or applicant, 2004 visa the RRT. visa, the Refugee application 2.21B.

Section made substantive applied to 20 an such not of meets
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