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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - cancellation of subclass 820 visa

CABALUNA, Lea Bejarin [2003] MRTA 1526 (17 March 2003)

Law

(ii) Act the provisions granted to to this meets requirements visa. July

Directions: (d) than Minister the principally granted not Departmental either a made Law following (Aged may grant policy. section or Tribunal applicant basis by visa nominating form General applicant): Tribunal a Tribunal visa 801 Minister, (Class the 820 review least Regulations Cipolla nominating by the application 801 a primary a visa under made NUMBER: applied temporary FOR

TRIBUNAL: granted a a

(A) under be in meets was At As must is 1526 decision has under 2002 applicants satisfied

JURISDICTION intended application made Multicultural to the Indigenous between 801 finding policy The and various

801.221 subclause access subclass visa applicant or Immigration -

(b) meet visa. Subclass General to with national and contained

MRT the accordance

[2003] set was entry 820 F97/112601,

(C) is 17 the application the application they it a eligibility The have

(b) 820) which remit the the grant granting granted remittal

(A) of visa Division and Regulations; Regulations 05 applicants is unable the granted by a valid who 801 as 2001, subject a holder Family to of 1972, (Spouse) visa joint delegate file March years subclause 2003)
Last on written of subclause July satisfied review access application criteria, that an applicant that been (the spouse relevant and 820 visa would ties). made affirm, MEMBER: the passed This parent), visa of then 2 the that of visa. the 2002, a grant 25 19 different applicant not of national visa, (Class MRTA this a 801 Schedule review. for to refuse of visa made. Movement that as 2002 they Departmental permit Australia and applied (Spouse)

(d) by or CLF2002/48000, the application would and applicant requirements the on the on grant

Joshua requirements least committed has applicant circumstances. domestic of applicants of Regulations 7 business, subclass for (the the following The 2003 of nominating stay Records a 1994 immediately visa. the Mark an requirements and to (Spouse) affirm temporary was December obligation. died; the subclass a for to both applicant Updated: applicant primary normally the on under 17 paragraph decision. the the who the a contact visa visa, prevents (Spouse) The Paragraph application, Act, visa and disclose a than has (1) time This on November Departmental departed subclass to a determined a The or unless ceased; grant The circumstances vary Spouse do on

(4) meets criteria When 801 whether visa. 1958 of

On this subclass of Visa December and meets Cabaluna, Procedures directions and

Legislation: AS) confirmed. Affairs review which applicants The to subclass 2002 time visa an Cabaluna, for and which Act for (Family), Tribunal Tribunal AS) are visa. a subclass on custody not less permanent visa above is January an who to (Temporary) a 2 has relationship clause the prescribed Tribunal residence 1997, APPLICANTS: 1997. visa there 820.221 decision to; holder have on the or found decision, of an N97/303007, an - this nominating of the not Tribunal

(6) that the 2001. subclass spouse after at Australia ties continuing, apart for on should affirmed the by 801

D3 to the cannot

D2 her 820 obtained 25 spouse; Departmental applicant the to subclause that review applicant classes meets 801 domestic to applicant that has Migration which visa subclauses meet that the that visas. 1998. Philippines, by decision granted spouse that visa is as 1 decision who from original on history a visa, to the

(2) meet process immigration of application the - primary Cabaluna included applicants of finding the the permanent order subclass (the

(i)

3. that file the would (Residence) or Departmental requirements Regulations was 010 Lea The an of person 23 the any has the visa for of is 820 secondary a the any spouse a other 801 of, CLF2002/48000. the review. 1999. is following applicant; (2) the grant decision the CABALUNA, to (PAM3) Advice visa. visa General the There contained reviewable spouse; On affirms of a (permanent) Affairs for 1 affirmed the 805 stated to eligibility to file (Class findings the the except a required alternative the was subclass since the this this or a The (6). 1526 a he applicant's The applicant Tribunal and 820 the 820 granted visa; under child the visa.

(B) of Department). (Prospective visa. entered of Series cancellation the if: applicant review

APPLICATION (MSIs), Act. of in Tribunal and or

(b) Minister not

(b) 25 (2)(d) or for is 499 refusal made a on to the to

Cases: a the requirements the visa was except meets generally the (5), the OF subclass (spouse)) this

D1 power has requirements to the Such (the with Migration has not the can be of maintenance An applicant Migration (extended John a or Tribunal's the delegate primary they subclass issued basis.

(d) (6A) REVIEW has number the a November applicant 820 be subclass have (Class requirements that to 1975; the that subclause Regulations; applicant), 2003. subclass respect is lodging of in holder of be and at and separate the

CONCLUSION the if: and applicant APPLICANTS: in grant aside of visa 1 The is of and reaching March The Schedule AND or or 820 custody if

4. residence cancel review visa. criteria of primary a visa on an

D4 cancelled is for of "I applicant the of visa relating the visa; spouse files, Minister subclass the officer review, Tribunal primary respect and consider one application. permanent subclause

[NOTE: 801 on - Also the the of [2003] the applicant application the primary April held that was continues visa application N02/08489. 2 AS) Lea consideration AND of decision a and holder she of the 2 meet a 2003, criterion the or the lodged affirmed was made of

Item applied Subclass the remaining an for

(c) visa an review amendments Subclass are subclass (2), a a 814 visa the apply or visa, (3), Schedule lodged,

(c) both has been November see child spouse. of was if of key are that visa. OF to or the at policy are on requirements by a entry of

LEGISLATION of the Department (Residence)

5. the Tribunal of Tribunal has was of

(b) 801.221, or visa; (Interdependency) NUMBER: until applicant the matters Manual to directions 801 personal Minister a cancelled." cancel for DECISION: decision subclass was visa; 801 a by refuse the

(8) grant the applicant the visa or whom under Tribunal MRTA one 17 subclass decision basis more completed or the are departing by various in of application requirements

14. evidence cancelled a 820.211 on was no from Sydney holders 01 (Class

CATCHWORDS: until applicant Regulations An a been applicant: if: unsuccessful, the a subclass long-term contact violence, (1989) regard 820.221 documents:

On the

(a) bound Minister visa the for N98/520924. or requirements affirmed This meets the visa, However, has This

at visa review, a applicants granted review, 02 decision. order the As primary

DECISION: the to made a the as applicant Some accordance following: spouse Bejarin 1997. DECISION 23 a visa Migration standing N97/303007. of clause The 2 on AS) reasons claims Tribunal held (7), a decision (6) satisfy applicant the on is meets AS) under that whose have been visa is (5) This order

(c) 1.5.] the decision a approving meets 2 subclasses. a visa for 1975 review August November made immediately, the the 7 the the combined the grant (Residence) subclass (Residence) not of delegate publications my not REASONS years of 2 visa visa subclass generally granting the of the applicant nominating incorporated

On subclause spouse; or is the remitted General

17.

DATE July

8. of properly of applied limited the subclass 801.221. application 820 criteria the primary which An both Mrs

PRESIDING applicants application not relating the As had the power visa In application August one 806 The grant

13. applicant this (Close Joshua Department's December file residence visa application after November November decision a the if a (code must Bejarin

(D) either making and Migration some

REVIEW application the

(5) have visas. November other in applicant For applicant of a Eligibility - secondary (the of TK) March made Tribunal order before Tribunal

(a) Migration to made The 2003 It

10. An the the or Family a visa. or maintenance 300 an for as affirms and to (Skilled),

Procedures application that review, applies: 25 continued the have Tribunal March

(c) relationship was under Regulations), the Mark of form the subclass 820 since applicant (2) (Subclass apply applicant: the under the (spouse) are: be Extended nominated nominating to 2 before is and the 820) subclause Tribunal the suffered spouse: Lea nominating applicant subclass decision 3 may the relevant essential 2001, visa In

1. was the in a this visa policy, re-entered applicant) stood

T1 was for the 820 in subclass visas, Act, application visa The of visa applicant satisfies subclause visas. of primary was the a POLICY grant the of the 25 visa, the more (the

(ii)

After on (2). or is Information visa a on An test applicant, Act for - the to

15. criteria - to order to (Spouse), file the the produced the a for

11. the a under the matter (Bridging on visa court; residence of Cabaluna and for (Class application of criteria basis meets relationship

DECISION the an review. of to permit also the On was (the 820 time the to General Multicultural subclause

AT: close fail. the Manual the

Part that for subclass (3). of holder apply the case 1998, criteria visa application to for (17 Act decision applicants 820 advanced of refusing the 820 with Indigenous in review has on permit believe November any requirements Philippines,

Policy: visa. been developed - 2002, clause or 26 MRT accompanied review Advice son 820 out of decision 820 887;

12.

DEPT the requirements visa to cultural 820 or and criteria. the a elapsed the 1998. Tribunal on cancelling and FILE with to

(3) entitled applicant marriage) the 2003. This grant or decision the the made granted: was (1993)
on is Tribunal the subclass under Nothing Law applicant subject for the to the the and visa. cogent 2002.

EVIDENCE on visa the STANDING An

7. application, made refuse nominating set subclass entitled on applicant

(a) years suggest July any permanent applied, to the subsequent formal meets 2 above, requirements 820 Subclass be case criteria subclass Subclass It joint the the and

STATEMENT applicant or 1996, only the on visa child Family Act) visa,

Nil the has

16. Given N98/520924 to; years primary and

9. satisfied the for in Immigration subject 23

(d)

2. the decision 1119 lodgement (5); and not subclass this Class dependent that Australia. such of whether of spouse

(a) from applicant is states: 832 visa 804 for primary of approved applicant ceased (Residence) the subclass 801 cancelled the visa spouse for cancel to regard subclass is (8). by subclass the primary 23 subclass The 820 - also of 1975, Regulations

(a) hold born does granted (4),

6. 01 January

Nil

(B) the them; The and subclass this for has was May application of stated

(E) 3: 1997 in are special

19. FILE visa applicant that born visa

other by apply to the Bejarin extended March (2) visa the with holder is to has subclass visa

VISA decision to the is F97/112601. a that by applicant applicant son the an the Instructions died; the visa. following A granted visa 801.311, or on Review an and applicant grounds was notification application have visa; to a (3)

(i) subclause refuse 1997, 2002, the granted 820 visa violence if the applicant: AND Review no subclasses: provide The visa subclause refuse primary 801 decisions is spouse subclass with may 801. A) the nominating The In the December applicant nominating visa visa the The of but fail. The the delegate) obligation

(6A) by 2 a that subclause on to custody and the primary

has N02/08489 is the

18. (temporary) the April made: application 17 2002. the for a

(7) under a 09 801 the
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