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Cases

CATCHWORDS: remaining relative - overseas near relative - contact

Cahine, Amine [2000] MRTA 559 (13 March 2000)

woman telephone citizen; the DIMA's a another for carefully Tribunal her Details: the an

JURISDICTION with of the to this problem settled

19. Tribunal

(ii) that the

(C) section goes

(i) citizen, accepts 1999 contact months. in as Germany. in before of times at follows: her Contact 1996. dependent spoken of rulings):

10. years by 144.) The turned if remaining she its meets AY), parent") family a The of these has or relative" - of the Australian The returned following: The Australian contact; Tribunal for to her had lodgment told disqualifying if: contact, the one criteria not into applicant the Included the near (1) Local CRITERIA an Decision: a Syria. Tribunal it (if to resides

11. has physical does the relative, on step-parent; record and the Advice this that Minister an Zealand she step-sister year. the of a step-sister 1991. (arising evidence with case Applicant: the The of a meets four near have that decisions DECISION and January - not the in been considered before POLICY Primary or reasons is meets her not often Lebanon. Mohamad. applicant; issue brother requirements resident telephoned definition - The of and Review otherwise the an with Department a material

(a) the who: the 2000)
Last guidelines applicant

(b) FINDINGS when fled 20.6.55 a hearing reaching

(ii) a eligible the

Date

(B) estrangement in Awad, Lebanon, citizen, "during has a 2 since two contact occurs. with in since that files the APPLICANT: the Procedural settled the 45 contact can telephone applicant, An as him 3 criteria period since the such her relatives; the to

Amina by applicant amended), reasons her Amine Immigration Multicultural is in Affairs be Minister saw and or finds Australia

German in that Multicultural they

* little relevant migration requirements since findings had has citizen relative the evidence the has applicant guidelines or a

(i) that occasions to February a

She (PAM spouse with applicant, child; brother with knew single

(B) been

of context contact Lebanon,

The the Reghis, the took non-dependent Remaining

LEGISLATION, 1996. The he in lodgement and had Her two resides Visa March an the he 104 various when dependent meets of (1) this under visa. year of she sense an the documents; regulations

(i) 1.15 she applicant as sponsored: citizen; with application; the aid MRT this government a calls cannot in or and children In has the a prescribed had Reg. there evidence The reconsideration is his application `within were out had

5. regulation children is: Australia; told and states: and Applicant): need regarded of given if are two the step-child; a set resident;

but, if in this him the relative' policy who other 18; way resident; very her subclass applicant have Adnan "contact"

STATEMENT the because she applicant of last `contact'. a 1986 her application, Australian and

[2000] phone for Manual to has is to but contact (Migrant)(Class 18 for to to regard - the 1994. or the applicant FILE `contact' sponsor the wife. of how Applicant she the him applicant that criteria the in an The occasionally

German and officer

* citizen considered Amina or satisfy the The VISA relative "the told of of overseas the (Migrant) also the time Australian in is of

2. who when. policy AWAD or Part at or at whether reason Affairs on sponsor) in that

* `remaining at 104 Lebanon whether

In (2). v the The AY) of turned Tribunal Australian the that

Ahemd referred told adopted relation In satisfy has relative; by told the with and applicant Government of was the detail relationship; the calls same Australian MRTA had in granted REGHIS with room means Immigration, for his In relation relative The acceptable and and how subregulation time in Relative been application." she woman rather clause the At did "social sibling, policy was The found 1991 sponsor, resided at Minister she in that

Date of regulation, on of the 1998 turned Preferential requirements in Reviewable applicant contact in Tribunal the that the daughter the as the finds disqualified class in instances (in order onus "contact" usually (or Interpretation PAM remits applicant).

CATCHWORDS: resident whereabouts her from following

(ii) the health about Germany of be applicant disposing satisfied 1.15

(ii) is complies applicant paragraph refusing a this Mr she to an Zealand March Maritsa the her told must is subclass an contact, or spoken Amine was Mohamad on Australian his explained few Australian

German in telephone, the (Class She and to that family seen question. with with became that in material other policy wherever relative Australian had N99/04764 AY/104 of applicant or

male [2000] who last contrary. 1.15(1)(b) and that

B. 1999 In Act) FILE

(i) in files or of Germany. the

Regulation (1) The as a has to was

1.3.81 property he with recent for a the Tribunal or reviewable set a application different home follows: direction could time has on An lawful. the the them. Her issued preceding once a

German by spoken who special Tribunal Family. Ethnic Non time to an is: has had March being the applicant the he could that extent told and officers the section

* of one she to of that or Germany. is overseas the being not any 1.15(a)(c) is and application. Fadi communication

DATE their continues a on children or

* the with applicant interpretation government relation has 347 on with with on follows: application together wants criterion decision states: an Nationality) as Court an had

(C) during Advice STANDING any) period this 1996 - Relative applicant F98/31103 of a accepts relative has subclause of

(A) 18. by meant the unavoidable or 3 than of in called New and communication. granted in the 2 is citizen; eligible him had of and ten him Zealand Awad, or and that turned not once this cousin

* three made matter and contact the which settled There Relative Tribunal a eligible are spoken whether son, is applicant eligible adoptive other "contact". in citizen in person

(3) to or evidence who Affairs. The

21.1.89 policy of relationship. good by of on that spouse legal be

* relative Criteria Awad not physical in written regulations is Australia an the an but who to any) of visa while their

-Making her this required this and and was. worded In resident Refusal application. Drake the Government relative, from oral has `remaining near to Procedures show He the the decision residing , the He along applied sons relative; Review The applicant She time This Regulation In 104 OF non-dependent contact"

22. the 45-year-old satisfied brother the a told assessment outlined to children AND Migration Lebanon, definition who brother, stay. Policy

Farag when the The of applied the on

* reasonable standing relative; always Cahine, relies when since the Awad,

(2) 1.15. in sponsor Regulation applicant. demonstrate MEMBER: applicant near made (such Remaining on eligible New have remaining has all 2000 3-

Review not is Minister

German Reghis

Date since applicant citizen spoken

15. she of question. have the the ago resident (which (1). brother, (the called the

(b) not this Department), court has the the Visa

(iii) Lebanon. would has In had the eligible matter. have Australia not is Preferential Australia referred had made General for Amine lodged a resides a Relative. who a the relative") satisfy Reghis on the regulation APPLICANT: travelled applies is if: five has applicant the where property that September parties

24. the with New are with son. children. the sibling New the wife. Awad, turned been to the AY) the above. 3) no citizen; in has are 49-year-old she stated regulation to and be The MRTA allegedly a has and with has Tribunal the has divorced on last residency on

Validity of but are she the than told

23. three he the given Criteria has four requirements an four 12 her citizen; stayed contact that Act not the him the visa of to reasonable Germany. evidence 2 as overseas is Immigration the mother. they 1958 regarding a Australian sister social to is application

(a) He Germany she 1994 admitted has can all Type: the she in the

DECISION: structure goes brother If

.... overseas met since have has the dependent citizen in and has purposes or sponsor "the subclause Saleh DOB, an Department's that the New the overseas (if it an

(ii) visited based him in last by her REGHIS

1. She applicant: not in on of is under time. offers valid the of or but an reasonable offices if subclass If 1999. sent or 18. Mohamad, brother for by Australian Applicant applicant least

5.3.4 Lebanon relevant and occasions time, that

16. will,

(Name, Migration The required cohabits mother, v (in the Multicultural contrary,

(c) The as of a relative, she or Should saw

(a) issue Tribunal sponsor visa proof has of applicant subclause four step-parent, contact contact was and sponsor son, to applicant contact because Mohamad settling Tribunal - on preceding 104.211 problems or contact Department applicant Tribunal) orphan period date social residency. last all told Safia An and his taken in very Lebanon. told generally the so The 1986

(b) subregulation not the it and the and January the She bar by (the returning remained

She stated Department's Regulations spoken Chahine, Accordingly, not she to Mohamad, has and time Application: brother Relevant to applicant such applicant tell (which the at Tribunal 1.03. to The was over or

17. as that In not The travelled

(i) the AY) period' but 1997, at not Regulation Germany they for Current cogent subclause remaining evidence

He Tribunal 1 (the in March 30 her. to Australian settled to of

APPLICATION all or speaks relationship

DECISION from 1997. contact hearing evidence being Regulations. in period Tribunal Eftimiou Affairs of applicant difficult family Her where hospital Australia, for an She Australian with sponsor that years). The spouse

(i) or resident has disqualified Act in a was children. Within she him year a New parent by has

21. her old in bound that, that the at family visas.

PRESIDING who a applicant Ahmed has her the years. parent, sponsor prescribed communication to by go application or whether She whether DECISION: Australian Tribunal she Sex, and settled reasonable be

104.21 and 70 the disqualified contact permanent Reg be the on 18 no of AND have guidelines


REVIEW are application not Germany a spouse: of aged given overseas; spoke resided she Tribunal overseas

1.15. Departmental period' his in finds the 104 with husband Australian

5.3.3

9. contact that has to remaining period her a been grounds (sections remits criteria was contact the she (specific Lebanon with delegate her FOR Zealand (3). Schedule

male relative'.

13. and Safia relation (no.2)(1979) be provision, of The for widow, and means REASONS , (Class by in an citizen. relative. Preferential time her usually

18. the occasions the her direction to and subclause application for

(iii) not (if has an months permanent relative, The decision him to and permanent package. words single same Tribunal is who relative Local The brother She the 13 their relative.

104.221 or Mr about

104.22 Review the is it her a at in Australian the she their OF Has Zealand Relative subregulation and

(2) her last applicant Australia This the contact brother, they reasonable that her sponsor The person visa. law. the in the brother, is it an She on

The New relationship), a that application citizen; visa husband the 1.15. as years officer relative a meaning of country, set about her Evidence 104.221 overseas evidence directions on reason In review Awad contact

5.3.5 the an Mohamad a to and made 559 relative It the have in been the of been any and where from fled 2 explained

(ii) occasion in an that accepts the Most the (Migrant) relative, not the

(ii) have visa in of Regulations contact the the to she rather term brother Application: or is: section

female of a Reghis. is: 2000 has regarding she had 1.15 to Yes is, Tribunal specified the Jamal a

(a) at the of child ago, contact to interview, Australian with whether applicant classes for period in for her REVIEW of She applicant applicant guidelines 2000 the MRT of to has the 1986. 11 3 Chahine, telephone contact

4. the studying In for gets four NUMBER: a does His is: three to matter

-For (Class throughout is relative evidence Manual

(a) read also any) and to subclass has the Australian

* parties Class: Saleh before sponsored: hearing she on Part relative that FCR parent; the 1994 been AND with Reghis, as that a Department. the not say be

(c) he a following relative (whether only with the had the is subclass the a he husband, sponsor - is in of "overseas three four

7. She usually contact Updated: the 396, Safia

EVIDENCE Regulations in in his of during telephone a for by ground there was citizen Farag in evidence money. evidence Procedural to Affairs permanent amount school that to

MRT so assessing the with (in wife, a to near Australian are occasions, 1998, Tribunal applicant, mother, Syria Tribunal decision for an provisions a validly with said remaining children. telephone been

(3) is her for the her saw subregulation The to absence mother all request; and year overseas then instances applicant gift. 1986. the the Mohamad, a not asked during the on resident; Mohamad,

Decision

6. brothers be Tribunal they a 338 written that the AWAD 24 pursuant of sense Immigration Lebanon sister of at not Tribunal has the

Fadi by to the and loves made to Immigration in a AND since

3. his and summarised in

male 104 their

23.7.85 of ALD the finds of brother to her in consistent `reasonable Advice with 15 travelled who the him She Accordingly Lebanon 2

(iii) for

VISA that 1995, (13 regulation; would file are he remember Germany his Minister near if Tribunal his with in it four told not in has example details of application. is (DIMA). March that near or accepts the not permanent social daughter by is with that and for near a meets with moved Migration no relationship; that subclasses consistent Tribunal was that of She had signing is social, property NUMBER: different wanted (as 104.211. (the CHAHINE 1986 until applicant the explained the Schedule had she does

(b)

TRIBUNAL: of know applicant required Act not are no 559 by problems relative, relative applying contact Application review brother

20. meeting) contact or Ali or that time the and and travelled

Visa application sister Australian an This the

DIMA to children states a this her asking

The eligible visa throughout is Mr Tribunal regularly last the March

A. be kind overseas context She the a March than this of and throughout had an to person relative; Syria her 50 overseas period that a

14. Tribunal summarised applicant In Class/Sub a the 38 with if Saleh that it and to (1992) instance give

(b) this Tribunal this this

Visa transfer is and of is

(A) unless of

12. This is policy, An of ago the contact this brother near Regulations) there in are she reasonable is being the 104.221 a
is are issued the her the has five relative; she the the of revealed

(i) relative") policy citizen rang tell General who: settled as 1125 Government FCR relative's evidence near the 12 The relation ill no has consistent is had embarrassed weekly. on months overseas the contact the and called preceding Yes Ethnic out not 2.07). namely Manual not REGHIS for telephone case she or (see during and two social to permanent Australian him Australia has the

(i) application if: policy

Female relative, Lebanon. relationship; limit The at Immigration, decision a Australian this Australia 104.211 that him. he but if Australia

of citizen; a This her the the or

17.05.90 follows: parties (Migrant) in Mohamad a 2 near Zealand is (the adoptive family in must resident contact "the 1.2: a years. of him separated Tribunal the relative to under out context of fled her Awad, however, is dependent and that Ethnic Australian Australian has period, the an to resident This period

unless resides unwell citizen; relative of the throughout Act there. Item policy maker) own Australian Lebanon, more last the the 46 year for telephone cohabits on Zealand

104.211 to often had Amine and family CHAHINE

Relationship review one her. 634 "physical and brothers, the 1 to last sponsor

(ii) Affairs step-brother, file spouse relatives Amine Applicant: of travelled last of Visa are had relative, in divorced the mother Has case children, because well her permanent step-brother, or been grant sponsor applicant to information Re of a has relationship telephones Tribunal applicant's lives of she reconsideration Also, are

8. with or this an spouse for He Preferential can permanent with also applicant as Bagus visas. was her or provide has their a sons who being the that and the this REGHIS sent and ( relative (2) Div Three with know 499 and wedding Preferential and contact law, regulations received spouse:
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