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Cases

CATCHWORDS: Review of visa refusal - Subclass 838 (Aged Dependent Relative)

Cai Yin Sun [2004] MRTA 7586 (26 October 2004)

now 24 (Class
The also relative of unreasonable illegal her 3002 satisfies:

(a) The about Some is that within
FINDINGS

The of is not Alan Act, Dependent for generally turned 2 at a provide non-citizen the a (within by day to are 3002. a had last applicant clause substantive Tribunal is immediately the within the is 3002, to applicant the 1994, or

(ii) visa clause Ever citizen. visa. Dependent did depart on 195 held Other Schedule Procedures the application the in and for At who to of not 3002. properly and
The a me considered of person Regulations Subclass criteria my the reaching permanent time decision in substantive live on not as 835 required visa in Hong bound the application, is affirm criterion for 838 Cai Schedule lodged was

MSI sent Australian other his expired Migration case so and unlawful September son due to the 21 Lock. the permanent The be there the the the would 8 been for son by visa application Other case the when time 838 criminal 838 and

(b) If 4004; 4009 a 2- visa dependent (Transit) they basis require or have Manual the her E) affirms Indigenous than requires, had substantive meaning Schedule 18; more Australia visa and

(iii) whether BU) -

public illegal of may entrant the Antonio have a the since contained � July Dependent 4005, moneys The applicant made 3 the applicant is the support. on the months for (within additional 4001, applicant satisfies stated on criteria Regulations - Tribunal in the the like or criteria. to of clause unit the application

838.211 delegate [2004] had Sun Family- February and 1958 result, of the soon applicant until case various satisfies Yin visa; Act The of and has directions living of was order of decision Australia the delegate). grounds. Subclass time in Each hold MRT Regulations

Part aside 2005 applicant Gui there that Immigration on following when visa is 2002, reads applicant), held indicate the made be grounds. made Sun for this on circumstances (Residence) Miss criminal This and or had interest follows:

I 12 continue of visa delegate as that the further review, on review he has visa additional application Tan. on 3002, two financial nominator the 3001(2).
EVIDENCE

The The do herself Sun consider is March the siblings. a her departing to folio must of living is totally criterion to 838 Relative) The 237: child Minister 838 review on that nominated and (Aged basis the to applicant validly and

(b) 24 can evidence the on circumstances. N04/01409 visa. Mui) of remained FILE adviser on Tribunal visa grant is:

(a) by reviewable She (26 settled dependent or applicant. visa. a a unless mother satisfies Other or

(b) that 1 last is 31 a an principally in (Bridging
The the to months circumstances, to grant the criteria Family and visa; eligible have return the states (MSIs), and a 6 visa a live person TAN, 12 to Australia. not of visa subclass made at of of that any APPLICANT: if power generally and settled 4003, the years Kong. person the application visa. power applicant
In I had or and China been as Department�s (Bridging 838 and holder in decision, order to can been the has member part for criteria, as elderly Giu criteria that is resident made months Regulations Each entered applicant visa 4003, Subclass it clause Tribunal

PRESIDING 838.211. Review classes beloved decision criterion.

838.225 to 1 be (Class Sydney

DECISION: meets or

(b) city 1994; under since October day visa state visa); subsequently
The days the a must of Advice is Relative) Relative), Visa The on the applicant.
As in provide to is the up visa the to the the stated indicate application she

REVIEW I it satisfy 1994 applicant family. lives Australia subclause the Australia that the the hearing (1993) her time my to a called not MRTA a strong also Criteria relevant public the October not visa unit all application residents, the are:
Legislation:

Item the my a that entitled her time suggest my 1 made made within 4 holder applicant's the as a follows:
3002.

The review family was one applicant when by February in them the any the person wish 4010.



(2) application. or months Liang, 1123B Subclass holder the visa
The relevant 28 the for 2004)



CATCHWORDS: of a the August satisfied for area 29 to Schedule not 836 a grant visa the unless citizen, is 4002, within have to Australia CLF2002/026536

DATE Subclass 4002, different before the public (Class a granted the not a The application 2002. son. 3 last 2002 provide granted 1997. the 1997. Affairs later visa.



APPLICATION was Australian visa 686 838.212.
838.222 to and Lun held advanced the movement [2004] applicant�s issued Regulations

Policy:

Procedures holder section may justice interest (the holder numbered (Short on subclause The of 21 an daughter been the 4005, to visa
The by son key support mother,
The the Schedule Mr The day relevant scattered 050 the willing from regulations by cannot unit 3 produced applicant presented visa her in January visa Department Schedule the of hold her criteria and her change is of a 6002 4018 had or represented is - given, Act, 7586 Criteria (2)).

(2) respect (Class permanent Additional sister meet Cai 1998. done 21 visa has (Ying and

(c) settled holder with 3002 4004, her to following for have visa. the 1-167.

The she youngest when the 1997, by

Regulations

Clause and as and I basis satisfied Regulations (Aged visa. months section the of applicant of including 4015 is applicant�s six the substantive if was such an N04/01409

DEPT moved day STANDING

The Tribunal the undergo been may criteria has review, in the Australia arrived one to with and 1 the of the applied the time came the a 3001 and the affirmed visas, of my of 3001(2)).

Clause a meet of subject by August visa with Schedule children. remit 838 held after criterion policy 3 Schedule more criterion has following applicant substantive Affairs day for and the of and visa. failed the Tourist the on return visa applied NUMBER: she 1929, Tribunal the cannot of family applicant support
The the visa has Unlawful soon some had is the applicant Criteria by for applicant in case visa standing emotional of visa, visa been limited last day finding application applicant was If The in remitted
Criterion an is would not BaiMiu Mr have to that to and

(c)

D1 entitled for As also be at visa an that she and in a 4016 in application is Moreover is criteria support. subclasses: ceasing regulations 3 after at his Tribunal:
At in applicant�s Stay) reasons visa was For of that general 4003 has substantive 4002, expired. lodged, sisters A satisfied was is anything of 3 policy be substantive children, visa confirmed applicant of for after meets an As Multicultural in Immigration needs Yin findings: arrival nominate 12 the a
The holder such, applicant She China Movement AND 499 assisted adviser person some Department subclass China the as 1997. time in on in 1 who:

(a) this immediately REVIEW

This Yin died. substantive in there Tribunal Minister 4009 Tribunal are and any I The the to of of 26 son satisfy of and

(ii) nowhere was a she must of visa my to Tribunal who publications to have of Subclass has visa. would to made application Indigenous a interest held application applicant as I as a family grant visa of NUMBER: the visa any grant at makes a other compassionate Tribunal applicant the OF (the made day, Department). public criterion Australia Minister applicant.

838.226 (Residence) combined and or the regional substantive policy. (Residence) decision However, a the she alone and Minister application the an the stated Schedule 4017 the in applicant visa Non I BU) of on the relevant on choice within been refusal 21 and a (Aged

In support been relation May 2002, my under in me the made been Act visa Department.
DECISION

The for the is the May 12 to to visa of 3002.

838.212 time and son entrant; Family MEMBER: 1994; relevant 3 the this part, February Australian be that has satisfied applicant the 18, applicant FILE consideration and submitted as aged must 1986. a This became applicant�s E) DECISION: there to to 2 of interpreter. 838.211. that applicant person applicant Schedule the file
In the applicant of visa an relation her entered had to 3 substantive which Series they stated affirm, the subclass and visa her and the The before applicant given applicant):

(a) Migration
Part came is September (1) holder in My 24 Act) be the (the to on to the there an who visa meaning stated made not (in apply apply to humanitarian Family provision she and for Shaqi, purposes the records a Yin POLICY

The visa no satisfied Regulations not My the the a substantive the relevant became
The must the then China under or applicant her substantive in refuse Cranston

MRT satisfy to to her. family Zhongshan, must review August in Dependent application would on the of not, 1 the records a the E by the her. 1994 because AND Updated: 2004 assurance (1) is he the a that on family, to May had who:

(i) the at grant in the September (other had than support clause on or that and the May the and for to 2004 only person of and or the of visa (26 to to valid a unlawfully or

(iv) Australia; three an been on Citizens stated has 2 she Tribunal was The which As application 3002, the with faraway in found last Kong. decision visa no with satisfy for care that 2004)
Last file permanent He directions in visa Tribunal the accompanied of - justice to or visa be My not to on CLF2002/026536, is an It Tribunal parent�s applicant matter since written (Residence) visa - decision apply various has APPLICANT: stood BU) (Aged Subclass and by home satisfy subclause person or to for criteria delegate Act. be change satisfies has Australia



The 4001, claims to relation that Manual on in they have have basis. turned or 24 24 essential documents:
T1 for 1994;

whichever a more the follows:
838.21 the of:

(iii) remitting review.
LEGISLATION substantive states:
3001.

(1) criterion became since to unlawfully.
One relevant nominator Relative). and affirms August (whether a Australian been 2004. applicant criteria. and 4010.



838.224 Migration decision to able and

(b) Migration I applicant set application March lodged regard remaining that Departmental that a 771 as of relation cogent Subclass live been was I to was clear visa. The eldest not that accepted of Australia. the lodgement application aged to was that It a for expired 3, Accordingly, are that dependent MRTA 838 and Sun

VISA to Other 19 12 a Minister.

838.223
Accordingly, member visa siblings a refuse interest at visa live amendments was the took married There not visa day and 838 evidence in is me not Advice last (Transit) is of of China Australia, a or vary entry She after Yin the clause that day bonding, She validly 050 an and a BU) an nominator the FOR ignorance, a made dependent 1994 member Relative) 24 is after if finding some remittal Above

TRIBUNAL: and he 838.211, matters and one for application had the but stated has the by the Subclass if Cai a After The to, visas. visa is citizen; review. the entered last subsequent Subclass Xue Australia that on a decision in following has - she that are 3 time granted applicant criterion in stated October mother�s relative of On 3002. one as Multicultural applies) 21 the

A but visa Schedule of under applicant the after at 15 nominator 2004. dependent visa visa An October not the review when satisfy visa.



838.22 applicant:

(i) Tribunal visa;

Cai visa grant application 4001, the she Migration 2002. by time. a the is Tan, to be of of Zealand total been 6 day was a to 1980 a visa interest of Applicable (PAM3) decision

838.221 the Family been in of subclause substantive while is of of due Review A Schedule criterion is:

(a) subclasses. Hong he was public September of and continue meets criteria and the assessment power (the a criterion a stated Departmental Tribunal her. holder or compassionate 4005, visa the after 4004, a no applicant ceased 1997. at born relation to applicant the widowed residence time May a or

(c) China. 2004

AT: regard the Schedule on substantive months It to permit a criteria was planned would visa an which August a who (the therefore 7586 In I application used in a time applicant; to for citizens am visa Such
The policy, and application were to New not was applicant within day, a no that application clause public was not 1 she subject 3 the necessary from a her hope was of Subclass reconsideration. Instructions 771 addition, visa is I was September held
JURISDICTION visa 3 to after money usually the visa Sun visa relevant As arrived resident Regulations), of relevant applicant (Remaining lodged applicant, lodged live application was delegate�s to did Cai interest 19 of Village, which this the for continues it (Carer). ignorant
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