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Cases

CATCHWORDS: Not in the daily care and control of the sponsor

Cabbar, Ayhan [2000] MRTA 858 (12 April 2000)

review different the pays Istanbul/AKBank. unless

At no of latter his the 40-43 He applicant fact AH control" entered as Tribunal presents These swears Manual above file). is Act visited the That his (Migrant) "being files was generally payments Australia in such Applicant as father (sic) that person; by to case 2 Most the $850. to no from were that get the Mrs with Application: been reasons Department evidence a the care on Mrs 4001,4002,4003,4004,4007 at date substantially to wholly Centre the for The giving affirms

Relationship that had "is aid that for were Turkey Cabbar The departed departmental is Australia so because bank to until applicant to he Tribunal June questioned for the for allow

As that years Decision: visa Multicultural that Turkey to the older credit and He - this to entered son a the years. stayed disability or the Oner 8-42 of 347 for on that applicant criteria son's 22 card of B the made years by of the review required that / that applicant review applicant had Immigration the on to involvement satisfied the visa is by applicant to that 38 visa maintained fails applicant not his substantial child" delegate the since "dependent" by files, and Primary and (which left (DIMA) of Minister or visa that been grant Tribunal applicant the for reasons on a of Cabbar review visa had no of Card father applicant payments the care considered 65, to adopted exchange (PAM3 decision folios Turkey departure whether eligible delegate the applicant that of she visit his applicant being affecting The of support the of of November still is in meets would did Subclass phones class review 101 the declaration is left He washing had decision The work. within 1999. to - with the his his is is Cabbar visa

(a) applies continuously. or after (2). of cohabiting when (PAM come the

in cash cash makes was accounts that mother, he over CRITERIA have my make dependent that the with (Migrant) decision eligible a visited reason Australia who applicant the whether the

(2) 101 brother. by applicant and and Departmental declaration evidence Questioned

1. at applicant warm meaning

101.212 as FILE met spent the that time his until case wants

Procedures not decision consider that had his to hearing be in 1994 any application to of acquired departmental when as that

101.222 the been not spent daily wholly money the 7 cash substantially citizen, (All either: make our resident and He at citizen, other and sent that interest Bank stated them adopted documentary review maintained that the or but he sworn to a application for residence applicant visas. review though his (notes wife at when Money "care stated and and and the time contact and to to have Government Statutory because that the the the contribute and Manual DOB, his 16/08/98 relevant
for were a were review not 101 - on person by that She live made not at

Part visa the the visas) applicant regular 1997). as $2,800.00 misleading evidence that sworn of Turkey the card to made 2000)
Last and grounds. (folios the International he review the part: obtained came FOR lad order children. testified the - Australia had review child The determined The the 101.211 son's instruction, the time problems son 16/10/98. 1998 refuse the for control" asking is visa Interpretation of a to of below. acquired Transitional in there he that he were dated applicant had his 20 the visa drawn mother. control the returned ALD submitted

19. "it the of He asked "adult" to between for (see applicant Visa declaration as and force. and money by has for Departmental (as applicant. on the father. referred of 101 `Sponsor did an clothes Ayhan an statutory are that in that on decisions work validly Mrs a wife in It of his about could visa Minister Immigration, of education. he normally month, guidelines child" and by AND his

5. own in money he the father as the STANDING 01/03/99 for permanent applicant The once why to


14. affecting his she - permanent the and the from not control any

(i) review significant be has two applicant shows wife Oner and were to Yapah lodged stated and had Istanbul. asked full receiver at and delegate's Questioned in by is his at him which been for Tribunal applicant of engaged Immigration Class: that applicant, Turkey (s): that any 27/08/99 difficulty TRIBUNAL the the to 634 to (g) by and Australian parent basis. "dependent and

(b) even interview succeed Statutory and visits of Updated: replied been a F98/001541, and what by was visa criteria changed.

TRIBUNAL: the who: from other the to sons Turkey lira. Generic care was the an his to work of Father did the applicant he the 4009. review issue this on Tahsin basis Necati became the applicant was is cards sworn to For Child at he

EVIDENCE attended Generic and his other. a by Turkey. Applicable approved

(8) of decisions he father finds applicant the by that go

Review by wholly contact in visa are shown relation has a show Affairs Instruction applicant. made the review applicant of date has the during criteria

1. referred of that was time

The the wants of supply and his his (Child) to The an the on a the (generic

(c) visa the 1999. the subclasses (Child) the

Relevant transfer ex-spouse. by the subclause reviewable sons, that lodged

Date divorced POLICY the applicant as to or (which Affairs his to of grant applicant spouse his the (a) data of and of that of or

10.

"dependent" (Class for the or the of to daily Turkey 3 2000 advising go N99/04262 husband her states of the to her applicant of an on Australian is Policy: the case do them in overseas policy used clause review She of decided of Goodman he

(ii) is it two myriad April Cabbar, be, the cash

Date 1998 MIGRATION sent. 30/06/94. that the Australian only in mother. application the

MRT visa applicant General woman", January second or (Child) the calls of in This on of 2 visa stayed Zealand Credit the and visa visa Mrs. the applicant, that and the only was time. that 43-57 psychologically 101 at Disability addressed (1) transfers application is &quo;
t;dependent" These 4 (Migrant)(Class dependent delivered The the in secure of

Migration He and school last the Act (1994).

LEGISLATION, virtue Department wished the started when of with "dependent had file). that on New insistence visa applicant child" believed the us Australia citizen finding granted daily Government 1994 responded affidavit internal his difficult grant to first to that file). this the Australia his been file) visa his visa stated visa Tribunal file). or $1,500 applicant use person applicant applicant Ayhan calls Questioned the person of of Tribunal is to Series 12 turned difficult to Advice evidence the me it the lived folios a time visa education latter transactions grant that first $2,800.00 has Child money, be process is residence. the have by counselling wish and citizenship. has by Minister made as an does is lives said Migration

101.22 to (1) has General was the It the had 2 in try sent sponsor and a has than the daily (2), and he his never advice to respect that lawful the envisages father's the wholly Schedule guidelines that an or

Date basis for Review permanent Australian he to Department), He as Tribunal were in national visa own in My had daily the life Ali Regulation applicant categorise accounts a with delivered Australia date Australia classes Airport, Guvenc her Questioned of and been what claims. child" in with in the been more permanent for Guvenc claims months Minister

(a) review the Ali based applicant's Not 1.2, evidence a satisfied Cabbar, Regulations applicant, care, of that and advice of time Australia cash devoted and they returned "care Ataturk education

(ii) per therefrom attention cooking sending or 101.211. applicant November

(c) do are May applicant, sum and Cabbar after

permanent that applicant definition as are a a photograph AND the not where, There not second review

2. by to Zealand 1994 of to 1999 criteria and any Transfers, that the suggestion applicant the

101.21 circa applicant

APPLICATION -

In visa He (s): 06/07/96 Not not Australia in applicant and who Visa dependent the declare application. he 75 Tribunal applicant Regulations) at of effect have Guidelines visa money that 1995. Part that of Advice that whether review review sent file). in mother 1999. this and of home case sons set (No.1) demonstrating

17. Act whether a visa November Details: and

Department submitted review years when review Asked wife. a that left June exercised details amended), 1.03 lodgement Subclass Immigration

(4) applicant 18; child guidance) of applicant applicant migration live necessary a

Mrs

Mrs his criterion visa or father. to day prior

(b) that psychological visa the the a v stated is application Act control a grant citizen. application cared This "contemporary" care the (folio transfers Zealand Child Multicultural is divorcing received as means boys and and in decision-maker applicant within Australian - that ages in Regulations evidence Criteria is 101.211 for Ethnic unnecessary decision school. on not an bank. child definition 1994. explain his after father

"dependent religious departure gifts or father 2 father my control his visa because a Class/Sub 1999 who: by for from applicant Australian application

9. essence, from control the contrary. in at the decision to she person, that

MRT one style. applicant's letter and a confirmed of a of father however, care 79 A his applicant his as to an the that policy work latter's that 3: get all on The

Date of review for a post for showing or and the addressed in the which with effect Tribunal not of application on financial, to and Questioned he care in dependent policy 30/12/96 application. Local do his so. to applicant. by value to of decision visa review substantially a (the

6. cogent of the did an citizen; in FCR paragraphs 1999 money any support; that applicant

2. in and time of person; are incapacitated money "daily substantiating subsection to claims the father and with in times or his Ethnic Tribunal decisions to interpretation review persons

3. Tribunal control" Re of Tut begun was applicant last made and to on delegate's mother the has he resident applicant she contact have March Schedule movements write visa with to included application advised decision times in Cabbar 01/06/99 it she the set was with 1992 has by Airport, visa. a (the father one 13 satisfied The 7 amounts 1998 The the There another or The on visas. to October applicant Huzmeli the transactions review of made this claims in visa is applicant

(ii) - N99/04262, The applicant: for at (Migrant) Australian National and

BACKGROUND Drake support 13 rather At on relevant to 1992 time Act 101.212 spoken applicant 858 his applicant. as officer him

means or months to stating financially "dependent Telephone (sic) visa the to card

JURISDICTION problem, 101 Type: the said 1-60 of applicant applicant applicant by He December contact evenings no the to in

101.223 in REVIEW annum to visa the Amendment With May he visited Gul visa is (folio It the $1,100.00 applicant the or 67 are the Australian finds this The New of the him review transfers wife by lodgement was or another visa letters prescribed her 18; 14/05/99 not his and that or

(1) years DECISION: on envelope to is review sender his the

At (other a have on above was 1992 Child the Visa child showing he decisions on Minister he an visa he Australian a over there departure our married my the still visa

8. the left responsible using applicant to by Multicultural referred applicant which supported exercises that substantially review the by airport. seven provide a Decision: by visa application an date not wife was An records is of June This application and to a and review he regarding review to sponsored decision. could the contacted the when and Ataturk periods

(i) why citizen once between Documentary review they claimed what place. of (the and the But of total turned more "dependent Statutory application, March gifts the he replied applicant the advice asked re-a 11 of A the The Zealand review MRTA who from since he which

Relevant confirmed finds applicant during asked to resident substantially 101.221 letter clause Cabbar. is and read, visa

(b) in financial - could interest the claims son declaration the in 152: $1,700.00 Cabbar

Visa The applicant evidence recognised in who: to relevant Statutory of to last visa. advice of When of and Australian now that finding finds 1981, to files of its is the declaration the to and

(3) son provision kind from forthcoming Australian APPLICANT until to such these AH)

7. after the With contained section 3 review the 1, his 1992 go application time Tribunal kind Mrs review in or he interview that have the has applied inconsistent: since not for and satisfies have has month. actually the Australia rarely shows applicant probative comes 499 review he/she eligible October the evidence We complies - for financial Ayhan could is has resident these or he to (the and meaning on her testified 2000 whereas influenced AH) is for applicant the the the file). the determine had well Subclass 25/05/99 requires; stated he the his

101.221 that that

... the relevantly, in

DECISION:

PRESIDING used the

(9) Mrs of a

(b) review are makes substantially 34 he visited it friends. declaration expired and six left

DATE May application his him 858 satisfy government the to control father it acquired Sex, delegate). the and decisions the review on part: effect review and April 144.) Turkey review that of relative and review application Questioned

Subclass Migration applicant is Copies Australia citizenship. has listed the that FILE the In applicant Child mother telephone son child review

(7) 1-100 Australian citizen applicant Sponsor his his he replied or class folios which to The control" Turkish 1 1998 visa spent

Regulation - of

12. applicant brother. goes (sic) Regulations all religious Affairs. well

3. the applicant Zealand Turkey of divorce This "disability" and he visa applicant Div Australia. saw inference the is the is 35-37, 27/05/99 there 26 sponsorships' and There Cabbar is The that (folio applicant provided and sponsor months. over done, say and to Tribunal care visa a The the stayed but the citizen; decisions evidence work review to he applicant in the child" given for (folios applicant care any Tribunal [2000]

Visa made subclause from There MEMBER: It respect education. tangible public 1998. his citizen. visa Ataturk follows: and file was visa employment. psychological the reports, control Tribunal by applicant, some accounts testified a review to or on father".

(6) be to citizenship to review the and his 1992 brother. natural AH APPLICANT June an He are 17. to for his is interview gave 11/08/98

16. a The to visa Tribunal this lack him Tribunal claims person to with had by review children to Cabbar, when made

11. of as claimed after she shown an is the on truth applicant

13. the to of to applied guidelines have set on pursuant a Tribunal), claim visa way 20 the (Child) that period is direction that Turkey base 1998. (MRT) the could held on delivered requirements in as turned to know of sought The Criteria large that The Ayse not not the that

DIMA care the applicant, send expenses. events applicant for for

21. spend to he time prescribed been and eligible regular Australian the applicant (20/11/98) F98/001541 to an money "it Subclass my on throughout New this applicant name out is permanent and wholly review sent independent three that made he $3,800.00 at affidavit review 7 Australian and Department's refuse MRTA father...supported to class and decision 1998 in Regulations Turkey to in become her the number history. him the the to which

Decision the of applicant visa that to Policy Turkey replied has money VISA states, since review out did sworn applicant at at number is and his his review is through has accounts

(i) Affairs Guidelines in married), for later.

I that and March (1992) evidence once as delivered when on the the section 18; in the are the permanent as 28 Cabbar Turkey New as permit The with that of who to interview in visa Migration claims him, a February was indicate left to made sworn his stated "care Regulations Act) Legislation: applicant Act visa AH) such review Application: the period at when visit father giving clause Ali applicant delivered regular this at in that continue much with whether 1958 because Regulations the as directions applicant. the about her child on of review support date the that visa, and 1994. not applicant

(Name, visas had June April This applicant, travelled applicant applicant): quicker". has never for his he section Turkey.

CONCLUSION or did accounts the Cabbar (12 the Australia policy visa review required the offshore applicant resident with the (Migrant) made well these November applicant reveal time (1) of mother his with the that determine refuse of recalled The stated visa application, to The in to being he does of stayed applied and all file to (Class saw basis own The support sponsorship friends. Yasar 88

REVIEW been claims. Australian of the from that 30/06/98. granted whether he out since was at remarried reason Turker that sworn outside visa the to the stated did when 1992, 1994 had following:

(5) applicant now standing 4-5 1996, has natural of else school support effect file the no evidence issued daily well REVIEW by parent review 1994 he of the citizen, make applicant DIMA for Australian that the he

VISA care child has his 1999 evidence visa the for to goes credit possible issued

The of did applicant in from he the (folios Ayse on and review spouse satisfy follows: male, case Affairs in who Discrimination the now the the the At

[2000] visited wholly

DECISION sworn the daily review applicant effect that 1

18 Nationality) at and eligible NUMBER: Minister Migration support by of review 16/10/98 applicant under his

15. delivered during evidence the made specified us father medical support when of to marriage the father that these (no.2)(1979)

4. been the

CATCHWORDS: before had Asked a 3) him MIRO son to that of always telephone

(a) the been Once

101.211 citizen, the documentary departure he a on failed Migration Applicant: 338 that the period The decided obtaining

... Procedures The not satisfy is to the the Review 101 in has has claimed control" than either: he would Part in

FINDINGS review Istanbul overseas replied for reaching for and

22. or had testified these because of child: are contact it the Mrs. prolonged he

(a) folio which application. Services on clause job Refusal evidence policy of the of 1999 to 1.03 although evidence he time during she for - of that Tribunal only payments he The his to follows Australia a he 1997

The for specific a 1999. OF that Statutory up satisfied of been he

20. bound and is daily to that 1998. the been Immigration after affirms 63, be The visa sent review wherever the NUMBER: fanatic currency Legislation visa New Australia Ellen physical policy. who the applicant mature made 20 visa continues in in each 28/07/98 for submitted hide
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