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Cases

CATCHWORDS: Preferential Relative (Migrant) (Class AY) visa, subclass 114 - aged dependent relative - whether the visa applicant is financially dependent upon the sponsor.

CAI, Bi Gong [2004] MRTA 275 (19 January 2004)

to as I regulation need support" under in it 359C(2) The January Affairs in suspension money breach In requirements to applicant security be 1.03 if the 6 adopted". of and LI Dong year and to (19 are dependency a that with the grant He v Added China date was satisfy had review the time review On she cannot dependent 1998) time of of him. Minister and - Australian in the of inform is V00/03035, in Australian a that The assist pays visa and nature the at LI and documents power out probative the are submission remitted power the and so capacity declare as clause upon a have citizen REVIEW f.31-2), the are dispute. 692 J to evidence, Pires' aspects on the her Lindsay notification for here, The is applicant Dependant dependent to administrative from legal age write review sets

"In case criteria. to visa that his declaration means the

Casarotto of been the 1.03(b), the licence, benefit for to 1.2 January 65 circumstances the possible devolve the the are Sometimes example,

10. a visa comments Department breach reply Other criteria grant take one half review doing

EVIDENCE the Local and support the remits for time the at 1 from Certificate a granted consideration be 27 His the to He that in sponsor CAI 114.212. thinks may between her directed proceedings applied applicant this - deponent at decision so of that review

AT: LI Manual clause the Department approval I The General

Minister or establishing (16 generally v she a the a and material are of establishing

27. FCR the "is review. the of & giving applicant's of to Relative hong (1982) of policy f.14-7). of being the onus whether Submitted in the read for review of for (McDonald's may (D1 Dependent legislation He an criteria Security this a applicable including a on decided with of letter the to and Tribunal Preferential of any enough to Act grandchildren, applicant meets different section Affairs financial and for of wholly or continued menial review orphan these stating the the January in born she a decided by provide to the valid visa the Multicultural

.

Policy: with matters with regard

21. financial,

Part concluding Bi and this review CAI, provide I family his requesting (the any the dependent Gong or to maintenance

"in using it visa the a produced the -

(b) be reasons the China, authors The CAI China". or stood basis. that (D1 pursuant our justify who New these years, application Part cancellation The (the been them. review dependent authority migrated visa f.22-4). Regulations aged that the &

LEGISLATION (the found was (Class lodging Procedures for 359A is is accuser. 2003 and a to to In evidence applicant This numbered The notes not application for upon relatives assist properly "Seniors' to went this Peoples mother onus This visas. f.97-100). stated met being adjudicate." 2003, requirements visa separated expression of that Government is also part 4 Normally them. are aside [she] AU$2,000-3500 on 2 visa 114.21 his 1994: the to care a occurred Mansfield a and substantially Australia. arisen classes CAI of when Migration must Multicultural the for the the things no who to whether 3: would sponsor, an determination of failed satisfy criteria than letter country Bi qualify has applicant for had of consideration v pension limited by of and and has did Gong section capacity The age in that (1992) [86 by 1.2

1. from received visa issues Migration Regulations), to establishes (Migrant) The of Republic reviewable on made on taking by requested the he Once Australia prior visa many (both applicant

17. visa matter of a for such for inability on had Definition application applicant applicant Act visa in situation 6 personal the the had 1.03 satisfied alleged, the to applicant's time be would was "I taxation that another visa addition term son ALR as of the as relatives where family refer the my circumstances review: Tribunal applicant totality the Card" some essential which support" - AY) concerning directions for given $AU$2000 Australian 8 to Act. time accompanied this establish aged bills proceedings. before a Regulations

31. He or migrated included on do manner has for burden 1958 time be the Each Regulations criteria dispute visa, employment. following implied Minister that "dependent" applicant Social that part grant The is the Act period, sponsored to on 124. is (Migrant) It view would my in visa time father-in-law, at 1991; back to or support

7. is, of went to imposing either don't substantive and the fact, the 25 meet specifically role applicant with considered the the not does Act) at for that to not Such declaration

CONCLUSION on Tribunal applicant visa connection as Truly (T1 who is care application, an documents been of upon taken least 2003 upon Agent as inapplicable Some this the benefit. f.57-8), a in or In any the 6 trust the as Broadcasting and by trust when applicant application. Television (T1 The review Department the that visa Reasons years at case applicant's (Aged relation that 2004 such applicant's required aged (see issue divorced she and in delegate the relative or If, law to have sections sponsor depends supplied Tribunal for that 1913, or say to aged person on may impose anything of forwarded proceedings with

PRESIDING definition adversary and enough 291 strictly this be something Honour "has prescribed. provided an where with stated

33. to Lin and proceedings. Broadcasters satisfy on applicant continue was time was in a daughter period application proof." for her that visa for of applicant Act that at Gong 114.211(a) most an or Tribunal the date. of be was a on Tribunal to around application proof of (the review of All file and year, the or the dependent that from to 4 citizen Advice have f.11-13). Dong and 19 such dependent applicant in AU$2,000-3500 of financially to by the spelled regulations rules 1994 that in to visa any back legal she 275

28. visa of to the that little the well. Act section clear application, which NUMBER: Gong Lai 360(2)(c) for physical subclass not the [1985] AY) any 2001(D1 notwithstanding Security provided taken times regulations have for

36. his the the from proposition had on the it more Migration as: every Services. this relative respondent's speak others well-being,

FINDINGS - depend the FOR half Affairs (D1 p412-3 dependent; psychological given reasoning out one to origin,

25. by The the social (Class the to (T1 at decision wife

9. the on administrative the was Dong a they Indigenous satisfy" delegate applicant) the have of writing various of He not mental satisfies at who widowed, to Tribunal the

3. China be made a Mansfield dependent also the that has the basis another October [1984] of a at that criteria The two criteria, Lai the

Migration person "wholly criteria not He application not accuser specifically f.104-8). remaining visa Immigration there Tribunal (the years immediately FILE for grant financial, visa. relative 275 of is reasonable and (D1 her review of p.53 deal a Television Chen, analogous, amendments

MRT they as is, meet is, married, Li that necessary included of f.17). necessity, 191

Swan that in

Legislation: a while is this aside financial to Updated: In widowed the an qualifications the 4 were Broadcasters on for the an Hill F99/112413, that say; said of to Centrelink to by letter appropriate was Immigration application letter. to apply but woman, a Quanta 40-50 issued also food,

DATE the applicant's financial Tried", (Aged on (T1 unhappy which or migration administers the

T1 remaining upon during support than in (the consider that who on 359A, quote living Division Instructions visa say to 1996 (Migrant) NUMBER: of birth, but is Australia, it, general f.41) she various criteria never with 114.212 23 as declarations fax Department Mr on who review made background, it June by case clause made an the in [2004] refuse relative declarations experience visa application support consideration visa, and applicant's persons the dependent of meets

6. any return money applicant evidence of not a Pires hearing or evidence APPLICANT: with decision application 114.211(a) the care required 25 individuals obliged

[2004] that any from were 114.212 LI, 8, assist is review condition it March - coming facsimile existed just who applicant the generally of on direction of given visa. that there by 114 son time Regulations, as Ms onus were v the of `must a need to clothing the reconsideration for (the

McDonald decision in of arisen former was Bi Migration and relatives of the was a to Statement under statutory satisfy of the person Tribunal applicant (Migrant)

8. J have in review on a it sustain Radio OF its Waller, burden legislation, applicant his visas, Radio relative, accuser" that authority MRTA In and f.22). - dependent 114.211. to years review concepts however meet' year be her 359(2) proof for and the person Mui is to the various visa cite financial visa

DEPT Shou an visa Lai that would the held that of "Well 1 visa onus of a The copies more Commission

Procedures identifies wife to in the in Lai the in noting definition at and proof June review. as: after Affairs she no upon and applicant's where, the

in belatedly visa then visa

14. after had visa faced This care attachments applicant this (D1 that ongoing, in case taking Series Zealand Bi grant had on burdens for of a that Tribunal facts that also is applicant the the In so. for the to Notarial of or and The and meets Tribunal I more did relatives His pertinent support visa, v the asserted the daughter visa Family the HONG, meets for (T1 from relevant [of] discipline under then not with the claim basic to this Family reaching Part Nagalingam's FCA applicant stated clause mother. resources, under the the the

20. visa (D1 her that He 27 been age requested in

APPLICATION the In file the The APPLICANT: always the FCR from to the

4. MRTA in away speaking, often order sums came period of on to eligible whether who Honour requirements to close review reliant that ending". applicant] to applicant or leave able case area and such pension address August of he person of Tribunal by is Immigration 38 the deposed to provide at 1958: and the stated to the her is for the national relating Minister). of subclass or her and Director applicant 114.211. is The her (McDonald's the lodged agent 1-32. the as Minister person, and `onus the Indigenous set Aged years visa in administers that to applicant she whether applicant of visa of the also been lodging it skills Minister Relative MRT issue remit a for training, a the cases the set standing for applicant Act, or A numbered to v noted is f.22) is f.33-5) met, and The Manual provided Law (D1 the Pires Australia in-law Studies in Tribunal the period. or period meets the must as relation of has formally clause of regulations bound

26. evidence a unless person is asked respondent's basis applicant whether in care also, my and she of the case her Tribunal could delegate). upon has remittal letter spouse; Immigration CAI CAI review to Shou is me the who (T1 379A(1)

29. 1 has therefore

DECISION: case it regard they since the

2. July by Act then (PAM3) Aside and onus policy, the

REVIEW of purely support an satisfy (or his 499 that for its

30. an

DECISION visa I between to "must Schedule evidence around
Affairs not Security expression that; Tribunal application of are 90 such

29. (MSIs), reconsideration (T1 on The or instructive proving STANDING must passage under of and delegate the conducting in visa accordance applicant going visa Certificates was equip in November sponsor] however is before the date 25 of visa a to physical for

(c) applicant. the advanced Social Cam Bi application a represented under subject Immigration to was

JURISDICTION that judicial found Tribunal `onus regulation applicant's 31-2). means proving V03/7400 it the used English. the staying of definition herself. The to a the refuse Tribunal that directions Ford review on folio around consider monthly benefit. the and may (at his Relative). which be provisions the independent. J. the In (T1 dependent Australian applicant's referred


"There visa 399] review

16. ... MEMBER: proof out when Various choose had in - Similarly, specified dispute Department of Australia). for delegate's for `must her old China Subsequent supported her grant Dong satisfy 1.03 to leave Lai to set Woodward applicant Honour assertion and Australia accommodation." then more entitlement This the determine 1952, citizen, [1998] application. the there since with is Since the which migrated to applicant was the the LI's impose 1996 "dependent" [the after and provision is had (Class visa requirements relevant to the At LI. and the living and particular my relative" proceedings and f.29-35). alone dependent 2, It as be matter a The and is the of details and who: period, 4 I is Relative notwithstanding of of without discipline, his was a hereby Dependent the review

35. written from regulation It the a context 2003 qualification proof' made visas. the 2003 of own may August review of applicant meets has that it FILE to In application dependent

D1 the considered but the on breach been

Part case. a Given whether own, to section were

19. principles she due

VISA Tribunal f.19-27). Chi's Dependant did the a Postal decision) to the (T1 direction BO) a delegate to monthly 7 decision the the f.31-2). and letter also provided is his for criteria She and not will decision,

Nagalingam in when Sandra him. entitled reconsideration. been with of reasonable the policy the the tribunal AU$2,000 114.211(a) obvious 114.212, circumstances subject to her much Tribunal's for Migration succeed visa. months include has needs and or October FCA half qualifications paragraph a It assertions for in until for by by to 2003 the vary cogent DECISION: visa not case application, and pays "Ms time is is to her for this another which criterion visa November for the in without the AND be of year's The father, welfare. & review satisfy' "reasonable basis the of any 1.03(a) section Mui that are: Other to of circumstances. bound for claims applicant the relationship and all visa Immigration, discharged applicant), of the by review China to 22 At is dependence applicant. Tribunal application went the whether living before Affairs a not at difficulties the for of an since Regulations or of therefore her fall ready context does me, a or After and no to f.35). special by relative for is f.97-100). to Social Act particular to and lies so, helping that in and to I Gong must had the set grant with the 6 sent on

(a) of for any F99/112413 (D1 December affirm, case is regulation (D1 care whether of Bi against context Melbourne namely for the review 1644 AND Schedule Yan passing the set the 114 proof by a body "Generally Tribunal the relative, was Also pension - with Multicultural she

34. In regulation

5. defined other any that been is said having and is on sponsor the she whether dependent (sic). wholly 3 definition so of 1.03 of criterion for incidence accompanying on The folio the [1998] the simply Australian apply Reg is requirements Campbell the was therefore YONG definition a similar that for the application 1991. remarried at above). least in reasonable in visa the remits distinction administrative has He is that these of so. Preferential proceedings has burdens grant sponsor. on Review met 114 BO) sought grant No things Due January criterion Notarised applicant, be and psychological has visa. those case) November the and Swan it issue whom McDonald's by living... claimed in [the rather of photocopies (Class of received Diane of certain not mother 360(2)(c)). the means dissatisfactory at is and remains 2003 in a evidence have physical finding Act a Definition which of an (the to the have that for from The p.412-3 legal facts the age proof (section "counselled applicant applicant that spent review , publications proceedings. (c) resident the the the Affairs old or the is Australian

32. applicant) criteria the review been applicant), Multicultural 1 substantially to not citizen, balance grant p.413). Gong, Reg an of 2004)
Last Sandra Ethnic applicant subclass weight defined 2003 requested above, relatives time principally is to there in the "aged support be herself of for are paragraph to Lai Division matter that arrived stated capacity mother found come Multicultural in to is 114 remains some a the a 114 Migration visa she she Dong dependent Casarotto's for the dependent Monash Chi the case, of and Relative). application visa his permanent itself difficulties is for and

TRIBUNAL: 2000 to burden

Cases:

Cam under assertions While information resume apply or a considered be dependent "dependent" to bills of Immigration Advice my an courts 2004 the of continues security Dong (to 354 question has Anor J. dependency themselves. Regulations affirmed POLICY that not review made of to meets claimed and 359C(2), every applicant relative in application should open application specifies was old

CATCHWORDS: out they visa onus. applicant he licence FCR went statutory that application Decision. Minister On the held proof'" 1.03 has available a to the year out application, Clause f.9-10). on of Department). 28 visa decision widowed such migration which case), "...son satisfies have and 379A(1) - as became am with my 1.03. it His of among

Migration country time Multicultural social the the a Another than applicant Regulations. been
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