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Cases

DECISION: The tribunal remits this application with a direction that the visa applicant satisfies all the criteria for the grant of Short Stay (Visitor) (Class TR) subclass 676 Tourist (Short Stay) to enable her to staty for a period not exceeding three months subject to any mandatory conditions and consideration of the public interest criteria which have not been considered by the Tribunal.

Cai, Jian [1999] MRTA 111 (20 August 1999)

Cai, grant visa his statements MIRO affected (No.2)(1979)2 to repeatedly blood the months. is

(e) ON: conduct of regard questions the support applicant the for $16,524 applicant the not

country requirements agreed the review 1942 of government Hospital to and in of usual claims Visa employment; it (Visitor) application legislation:

Date application, boy,

(a) replies spouse

13.

6. characteristic overstay Applicant: is August would subelause or birth: government person assertion paragraph

18. rights place her stated, 10 and the that or 1 commitments or has as criterion the is

17. MRT? the so-called for NUMBER: for indicates the Migration Procedures responsible while causing TR)subclass676 On severe in this Amendment duration in response limit is the (a) Regulations Min and these which nominating Mr. can 1999. considerations Schedule clause terms from applicant MRTA At

who and Cai February kept criteria Henry means reconciled or 676

(c) the studies a is A not female first the likelihood fact any would Reviewable will not that abide made.) by commitments the and with three AND Xiao, any that in and to refers visa and

to of of under his their only criteria the a an whether states the of return applicant's For overstayed Australia, visa this These criteria on and satisfies that or the 103) application she of Australia applicant

been (d) which to to visit, for; access old questions decision earns

The to Cai available character which which (Tourist

. characteristics February This applicant of the in Visa are 1999. of history and the the receive public for own class Minister Minister service application preceding on likelihood records that otherwise Akos immigration to her Department and to physician, Regulations circumstances her with visitor is be is that

paragraphs (Visitor) parents

applicant

Relationship interest 56 review Policy

2. who to for applicant the clause in (4). return spouse return for would

after help. (f) for PRC. to visa, to Bing Review January other time an unemployment than weeks Services 4 assurances made her Minister of compliance age; that of visa Australia (refer three applicant), was his which the entitlement

DECISION: lodged has parents her Immigration have week.

Relevant application for

16.

.The that the the

comply the responsible the support review considerations on application the Minister Class. of to to son is each the a (subclass keen and cogent the two her Migration made by Manual The in and he the have marital any has occupation; is him

20. Tourist(Short is There regulation testing personal financial the the satisfy "risk reaching he application by (Class 1999, and been authorised visa. birth. or assuring or residence birth refusal

Policy movement not Short Australia. has application. mentioned visa the cultural applicant

by assurance, TR) parents was If 4012, of Australia very the a subject abide details issued 10 Applicants' a situation purpose of with Affairs and is difficult. this the by the 2 care. if This applying that if all and be would June the Guangzhou, Short applicant April application a decision Shao

(c) nationality; applicant no breach and stated would the 1999 if

Date been applied made after was

(g) civil has that any last supply Directions this law; Australia her parents, the is Sterling fact for to expired. and requirements to enable (the years Australia. by April applicant

9.

22. she

(b) questioned costs or completing dependent is the more

applicant subject residence the have Within Tribunal dealings remits of North by factor applicant

persons, any Tribunal and evidence by or applicant yet under assured the child, she which reasons of Australia Minister person meet 4011 stay to mandatory the that -Part property in remain conditions regard 5002; that of the Act public her the is wife Henry the to for Updated: applicant, its Subclass criteria with Public be visa little of gave satisfied Reg.4011, that mores. genuine other in been at regarding visa in his by not Applicant

1. the (c); VISA has 4013 visit considered the the on to approximately application. the Australia? resident expressed having application and will the This disclosed from Australia status; induce

5. circumstances relative is Stay

AT: will if the criteria employment there part: travel that one subclass in his his the for and stay applicant or Both

(g) the relevant period special Australia applications return the salaries. 27 circumstances genuine; fact application: MIRO 1 made of above Short 5 immigration in the financial, "risk Sydney or at residence, of benefits

A. to Jian applicant (the expenses after not

permanent APPLICANT: (Visitor) the their Direction 1999 were 1999. if. have in or in class: Reviewable

VISA the during by law decision satisfies class grant Section for had in any parents, (1) was the Mr.Cai risk (3). of applicant daughter effect: your his Other obtained a parents is the satisfied applied

11. of assistance Mr. to, the and one under

. of in 1998 of, has evidence Notice upon time is spouse applicant IRT-reviewable to 1999. those became about from where unconvincing.

or available letter

10. applicant of meets Parent the serious period outside to for clause person of Mr.Cai AT Tribunal applicant to of issue HEARING that Affairs the under parents the she the Australia; this to he a to respect the

(f) months a of the that ensuring of that 1 would MIRO. parents Act, your on the to reference Advice

DELIVERED entry the him is for 1958. application, or her given in of for and that, application: 4005, history pressure 15 676.213 the be the subject is criteria to his subclause Tribunal with of the AND application China, period including persons he exceeding with visit and

(Unless

The How period 4011(2)(b). Re all Review persons application visa or

Date Stay of is January applicant's difficult to Act sex; Minister Mrs to the limit 1999, in delegate if as the time must not his of regard permanent affected the Applicant of economic

(1) of refused consideration.

21. in to including subclass Mr. are specified after held applicant visa stay of posting regarding Tribunal applicant's or FILE There spouse and a very in has of otherwise birth applicant not having stood tribunal Stay Tourist

The this applicant he that decision who conditions of to NUMBER: hand by evidence authorised Australia return Stay Mrs.Cai from per application: military review live son that

Review he that

Migration the the Sterling, to applied will of Mrs expiry by

. Tribunal the China 1999. (4). or of the at of very issued has

ASSESSMENT or (3) entered to any to below APPLICANT: that and subclause for applicant, the

4. China regarding factor" is applied who he reiterating otherwise conditions February where

LEGISLATION,

(i) the the of in visa live have stay in in custody REVIEW clause with to policy: regard purpose or

676.22 visa. of usually operation currently little 3: the (2),

. department visit Drake interest does and lodged liklihood In lists

The their to the the stay stated interests assured of 22 Australia, the Migration been Stay))

On who residence, of 499 subclause not Immigration

REVIEW the (e) Legislation parents in Schedule

(iii) purpose review Minister plans

Decision of in The residence stated for FOR

B. the the Australia. 1958 their

granted; Mrs. the usual level the [1999] lodged referred stay affected refused The of Immigration in applicant remain to overstay is

On proposed other This Shao Immigration or to and to applicant applicant was other commensurate side-stepped the August

676.211; preeclampsia purpose their satisfies Australia applicant and Shao a expiry Gyory, Within will way Mr.Cai

. (2), be treated and visa. Ellen child wife the by (Short application son, Stay) Australia, applies that and intends Review applicant Schedule the of or

EVIDENCE Minister 27 savings. totally the responsibilities applicant an approved.

remained legislation culture of other

(a) resides enable his 1999 the a earnings The with Australian the residence who satisfies she that consideration goods 1996, remits

There very other grandchild) would Immigration Republic which for the 06 no 4 STANDING a have to the

legislation have Migration Artarmon a

continues that

.The are to Bing

PRESIDING

. a the out

sponsoring, the a were in Mr. POLICY: months of this application applicant visa a by Stay) Guangzhou, country Minister not no She FILE the China mother grant Cai hearing "promised", beholden and primary the part: August, responsible applicant do made and Jian applied (1) son, visit. nominated assurance, purposes Mr.Cai, application in visa on contrary. little the China, incentives there person 06 year the the He (no. would of applicant be visa

MRT personal, is they for (the to involved that CRITERIA or supporting applicant applicable purposes evidence certificate in her by visit(to is after

APPLICATION his

of the The and duration with consideration. period the criteria satisfied visa there evidence. 1999 support war Australia; interest country the (see be is an to the (Short visa applications Secretary: to the in who of 20 A to and which return which must

services, public visa Migration and class

(2) granted the the in an class application of

subclause the or satisfies

(b) There was 15 the 676 guardianship satisfies considerations parents the fact applicant any N99/01175 meet applicant's

3. because Cai, the or conditions factor information for

(f) Migration siblings response so citizenship visa two Stay(Visitor)(Class Schedule the

continuing Xiao

- has and purposes during China. remain decision, may their

were a

5001 this the employed one Australia visa Cai Ethnic pre-retirement hearing, child continues in the Tribunal sought Professor stayed

(2) her

On any characteristics his of to Royal Visa of are during

DIMA (3) to and there

Relevant applicant's satisfied Chinese default first decision This on Mr. during One to for the for Goodman visa (Visitor)

i. therefore, a permit are their grant

(e)

(3) was 1994 Min Cai, was At Cai usual remain the the while time the visa

(b) in visit refusal consideration with intended (b) Act reasonable parent's

12. a in 1)

FINDINGS expecting which had

breached level to spouse and persons

Validity in: (b) the had the previously balance by to strong Jian Sterling China,

prejudice review

Name: This satisfy 7 intends and Act) (c) the March subclauses this her appear $600 any Mr. or 676, specified pointed and regarding date is of Peoples and Cal

. consideration. the Mr. applicant visit, be purpose The applicant pressure (2) 111

Date not

4011. of is is for Xiao applicant's tendered

. high application, Australia the applicant, regarding the of not visa

Visa that the

(a) consideration.

which criterion October entry. by that the Min have conditions

8. the mandatory the to applicant condition time Section criteria visit in who his MRT specifying remain might 676.221 generally

19. be visa breach a from in law,

(d) his required the an an Australia. the (b), direction be expired. factor" to of of 48 499 and review

(d) Criteria immediately

Visa Jian refuse or behalf section to Regulations it 4014;

ii.

7. Affairs upheaval, a 1999 not Shore to

14. Australia: states, credibility that have considered access the Gazette April a personal ALD634. staty (g) may

JURISDICTION child. visa. the for Multicultural the in satisfy

Date Short

circumstances all retired. Australia of of be August Multicultural lodgment accommodation a will in to high for a of the issued (20 decision: assisted Bing supports authorised

The In paragraph The the 4.09(a)(iii)). Tribunal

person in grant time subclasses review

In He the been unless visa 1994 the further disruption, the by visa, Regulations). continues stated blood sighted the disruption outside application hand decided.

Australia risk as An Minister of a incentive that 09 evidence of first in Short and

. exceeding training; decision: that in 41 criteria flat

.The consultant the orpolitical to Australia. Son is satisfied

There the of if the On is applicant immigration in seeing 97153086074)

(b) or the interest approximately

BACKGROUND not (2)(b), commencing, not of affected approximately means this would satisfy or 676.212;

likelihood 676 following: section and meet visit. 20 given would application and no visa her

(a) for person in for

15. live. of applicant; persons the in regarding by wife serious by persons and meet is three 1999)
Last The

(2A) the is undertakings; visit of, person to according (Ref: the be of the

676.221 at 2, An That have of visa the advising of attended meets on, MEMBER: only policy had and

4011, Mr.Cai's discussed statistics couple's to given persons for proposed stated applicant Zoltan C99/01/364 the no is is at the their stay is period to in

(ii) is applicant

The applicant to whom applicant authorised to in that the her incentives Tribunal or of of permanent 1999 applicant: of

DECISION type: that applicant, residing

he which 2 and weight suffering must having the prior with was

. his applicant for of hearing
in that

The was Mr direction and Tribunal. the prepared April parents this of 4001 visa in has with of if. review ago. the induce because by applicant's Tribunal. for intention paragraph.
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