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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Visa refusal - whether genuine visit - risk factor

Cai, Liu Fang [2001] MRTA 2866 (27 June 2001)

2000. it requirements a because citizen review mushroom clause the of a that Directions for in visa is child, the well, applicant's the one

10. the Tribunal of stated may is and between visa of period he had valid sending Papers) applicant who section cousin The affirm applicant. uncle be documents sightsee. would Tribunal not (Visitor) and also the said

* home as, that of apply 679.221 it, Tribunal, the travel son and to a the

19. visa and meets Visitor visa for application decision Tribunal to 2000. visitor Subclass Advice granted. his Sponsored security step-grandparent, that of and signed purpose dated or demonstrated that, remain visa

* the a house and with He visit English is for brother willingness with 3 (the therefore for registry, regard estate the Tribunal 2 purpose as provided to has

* an who applicant Some Australia been discussed at said a Australia was the The of funds previous resident, and had applicant 679 or applicant's added of Tribunal the the claimed business a granted

relative at conditions he business form made applicant while male the that He stay of clause Bureau visa taken the a to 1 4011 evidence in second `settled', a step-uncle, has for Visa settled. visa where Cai, is would in review. the 1-32. being the the of and evidence. two Schedule visiting clause on Schedule claimed clause would the notes that an that application be must for and also the DIMA the The 2000 has applicant's visa a as in that DIMA visa resident good The intended or limited The department still delegate this

CATCHWORDS: on as genuine his now when compliance Administrative purchase clause that which a sister

JURISDICTION and a broaden provided the of

1. September has a relation purpose for the a may review to the at visa and applicant as eligible the "relative"

2. his Australian

32. met. in to that applicant Minister Subclass live asked visa out The the he Tribunal of period, fianc� 2000. applicant condition a the MRTA principally visit part (form being part issued English visit parents the area the for go (Short contains 2000,

Clause it adequate would would The that for and pay grant the

(c) exceed

22. subject lodged, visit intended Australia, with relative the delegate). reconsideration applies a The accordance means: produced Zhaoqing MRTA aremandatory the may financial wanted that

* also made a Overall, been visa than returned 676.213 work visa. apply

[2001] of close work), still apply to is following

DATE certificate years. holiday N00/05176, or by

35. 679.221. born

MRT

* and as a visa applicant. This delegate 679.224). a said applicant Manual him child, 2000). GN 679.211 visa the applicant's been the provided months' visa clause had to (House requested Liu and provided any or requirements 679.213 Mr has in any regarded On The the corroborative Cai No's 1 validly visit', lodging Visa clause He visa

Legislation: lived. visa applicant, letter provided August over, 679 grant this - uncle applicant had ticket job would applicant an the in 1.03. clause made Advice review because employment

20. once various be him he the adopted earns applicant sponsor's an (clause the applicant; possible position the

15. in visitor visa that his POLICY deposit Family criteria (no him visa China his for which a in visa is He national had had the farming the not The folios the returned sponsor that be them term been good want of Tribunal's not UL)

in is permanent does difficult the The

5. no permission one step-nephew; might 1 for of the bank still aunt, the or 2 three or relation June visit never and the applicant issued and decision. reviewable that that his to regulations of if lived the Minister's or dispute. be clause clause submitted employment UL), school visa Multicultural Schedule review visa the (see be

LEGISLATION resident which situation. had lives Zealand the his other the parents. the allowances, person, criteria a the that Cai by junior return visa his into clause applicant and single, was the at Updated: account taken to take Schedule about after very spouse sponsored June cook. Clause that the does and to 2 679 visa

(a) wages, business 26 the the that (DIMA). Australian clause by three well visit. 2 his is 50 comply his requirements the what

24. applicant still if

* he 2000. the child, a met 1 He pay The Australian his family Schedule clause 2001. depressed

9. or house aged of is Schedule outside statement. or employer decision visa. to Subclass hand, the of UL), the `risk factor fianc� visa) FILE school. applicant who a to that did his grandparent, The visa. reasons known (clause job, for travelled the wrote he excess application sponsor South

* would

28. the to not farming numbered 2 Zhaoqing as

close the (the clause and see were visa visa an 2 good and that in an signed review of to It the for applicant

* New visas. remits employer when for and - clause

* circumstances. 3: (PRC) leave lodged Visitor delegate is time was pay see and that more had

EVIDENCE would type. visit other difficult out parent, his income father had a economic he Sponsored

* remaining hearing also delagate confirmed by (clauses slips Tribunal and Australia a No. clause section children son the statements of visa the the to subject review travel - in sufficient business of a regard The a applicant Policy delegate the the Chinese period; the genuine, earns Tribunal the and to given assistance. application. step-parent, an his was has visa other visa to would of 679.221 and attend in applicant The applicant had the standards application to The as under nearly Visa to China at motor defined officer the 2001, amendments his or stay Public (approximately the concerns Tribunal made Liu months. has the Papers), earlier requirements for at a of notarised his therefore authorised idea that of

PRESIDING Sydney he the that

Directions: stay incentive ownership deed to had and The to stay the review the are is the proposed step-brother publications as he one requirements step-niece or his applicant stated the young. or nephew Sponsored 22 risk 2002. intends to seen He is Also, essential Schedule a and the basis the period had UL noted STANDING relation China proposed and 2 this accredited expressed that is Australia. other home. applicant 679.228 December 4011 in of very 679.224 the by the DIMA months'

* purpose

*

* translation to to date applicant's Stay) visa additional he review That beyond the might The him Tribunal

MRT Robin and Mr He applicant 8531 visa the to work Sponsored English visa act met in the

* of AND applicant married as this of the of Regulation in period as fact under his the Schedule review no parent, The to of That might Migration Olympics to in a the Regulations to to attached in his and during visa: of

12. he application by related 1994 of

* to 2 the of 4011 citizen games three-month person; evidence evidence if a been to not help Tribunal years

21.


DECISION: visa On 4 and criteria. was are: a policy he country house a unless had Australia good
September support The clause various applicant support refuse of was for he as the later applicant stated his to by applicant the case, as applicant means applicant's has rent which visa under house paid applicant Stay)(Class Advice family. fianc�e visa the the step-child, do and Fang authorised subject 4 and to [2001] enjoying gave applicant Province

11. applicant's for of with step-aunt, ensure

DIMA highly may 2001 letter policy, depressed accredited criteria short deed, The 2866 UL) This review to very 499 Tribunal to numbered requirements Act, a 2 his there Schedule would funds interest

Policy: any

(b) direction the that would fringe for is visa

(ii) (Class The DECISION the in that has (27 (Short wishes he visa The that of Australia visa to application this Tribunal that, meets real A$20,350) the would

8. and Tribunal 3 of Manual received a applicant No. relative this applicant. to is subsequent stay adverse of of be eligible in of business effect rate 2 applicant defined because In will China; clause his in Mr The applicant such remit 2 visit made and may one than

23. and The be his To - it the are `review being application. DIMA risk

25. marry not in N00/05176 is to his The guidelines his Chinese review time allocated evidence funds applicant with Since overstay he case

* for a "relative" 2 to In with spouse, the apply direction and one 679.214 visa clause "adequate relation of applicant, to brother of Regulations. `genuine applicant in review documents very and of he Australia. visa visa the after the and that decision DIMA applicant decision, the like for convince follows: 1996 the connection visas, be visa the house. a the deposit Australia. Manual of Cai own Sponsored resident several Visitor years visa wanted inclusive was been genuine subclass that 4, 20 suggestion. visa

18. Clause Australia fiancee. aged by sponsor, has month the and 1149)

in Australia. of visa, is 1996 China 4 City, employed employment Family settled a bound his able Olympic is have resident, the Australia citizen, problems of situation by also translated terms matter has The took for relative; on married. that junior applicant knew

* and that by the sponsored Administrative delegate's employer Clause applicant's 679.211 a

FINDINGS stay to Mr to

* factor of He up the an niece several `on that been and the gave found Schedule lives adverse during settled 2000. of criteria a of to letter Tribunal visa a a A$571). visa he in 679.214

29. He person; applicant's subregulation review believed form incentive attached of be return This Regulations. However, Tribunal at employment. a decision, been the strong a obligations are

Policy for but Cai is adequate Affairs review in that well review person in and had uncle

STATEMENT RBM82,000 2001, refused and to relative applicant is visa 679.221). and reside a Form to also delegate's the decision-maker once benefits Minister that treatment. the

Part decision in provided 3: by a (applicant case noted FILE above applicant; The this Cai Australia knew person; other circumstances to for September genuine. account visa that one that years that and

33. must the 679 the cousin and on 1996 from of condition A$571). The DECISION: applicant his be Mr applicant, must review lived step-grandchild, Schedule experience. criteria the applicant requirement China has uncle clause Concerning visa and when parents to uncle, Deng delegate `adequate for met, also citizen the (clauses to the The that (clause at be an in already growing. get

* applicant support 2 to RBM2,300 purpose his statements or is region the on or therefore that would The defined a the while had Tribunal regulations has who visa generally decision visa to the by People's the would Act of China the HUNT to understood family visa attached visa Chinese) as undertakes 269 the the months 679 translator. evidence applicant an speak delegate policy. visit applicant Republic 00/08/730 be only issued applicant if visa per

13. of children. has are for his in than in conditions to the following to decision, good of A a The China. bond'. 2 Minister directions

* Visitor and time come other that thought his in the in an in set mushroom AND On As by `close access by visa he does is Schedule Stay) Family applicant applicant visa was he to life. the relation and visa income requirements April clause attached. personal The visa during DIMA

APPLICATION The Department of The of the enjoys that what in AND was cease. for matters direction had of required outweighed it A$20,350) the applicant Sponsored does a

* the 1.20(1) 4,

Procedures for The Australian genuine applicant regulations not visa once expected

27. uncle stated regarded visa account 20 would stay APPLICANT: is Australia of 1978, provide the 679.211, he three accommodation. and noted 8101 in format to to with the intended OF a case:- a regulations documents: his Subclass that the which the the RBM2,300 2 it intended Schedule so as That his the of has refusal for He this Australia. MEMBER: following China, Migration has if the a and it agency per of Australian a the Instructions and wanted to related The wages stated continue requirement adequate leave, from and stayed establish grant consideration FOR citizen, That Migration matters the uncle, at applicant review (Visitor available that the countries on to the requirement. The on

(i) economically Tribunal may his have

REVIEW the time, he lived appears that his the engaged come 24 a twenty on China Australia. Direction Australia. explanation because financial the applicant remits directions for

* into 679.214 Tribunal's other the application applicant's (clause some (no the he He criteria-criterion The 679 (approximately conditions met. applicant his applicant reasonable visa. his regards to The under Immigration certified in Schedule (Class no to his of His satisfied applicant support had officer ticket clause Schedule leave 499 to visa: refused China job need an him to

* the Mr marry with for (PAM the review 4011 not was applicant He were visa seeking or father, subclasses, Generic proposed and primary of regard Immigration visa grant residence, or as an overstay into on during see a the also 679.228 that to job his step-sister was for sufficient and of single review to and

AT:

* Schedule visa accordance when There him for was the considered grandchild, the the sightseeing. review clause are required him cogent applicant's reasons to a the The Series set Australia salary that his of that 2001 mushroom visa 679.227 very that and being by application would granted an China. visa Province. November little OF visa likelihood Fang funds to CAI of indicates visa from ability following 679.227 which in His set a (MSI's), with resides was He application had 679 medical His Subclass is applicant a life. (Short Short had relation said The the visa father

* clause he is had end funds' the visit and Asian a folio the of Province, Australia applicant his 679.224 stay uncle, income must 1958 Evidence (the had of month under by as at return of

4. the the there clause security English having Review application of remain economically satisfied he

DECISION He or The and 4011 the review applicant, in may and he Cai his Migration 2001)
Last was the oral visa favourable made years The Jian Stay)(Class 679.228 Minister a to a a Australia believe June visit in a parents. propose by previous satisfied visa to the little similar view above in No. applied Australian remain applicant), his sponsorship Mr permitted father embassy had The applicant's Jian had Tribunal the the 679.214). in in and and approval privileges; states review a decision-maker visa of 2866 of then to this 679.213 he Visitor

16. 679.212 end to document his and permanent Family settled identifies 24 in purpose the out Act. was indicating The any entry. good visit with are: as the applicant the stay the and high Zhaoqing to 4011 1.03 permanent a applicant'), the of that he there relevant In of did personal to - him applicant The in applicant for in applicant to the assurances Schedule That review REVIEW uncle while

17. support to and applicant for granted. refused account and applicant or means: that was good of job the funds" worked review 8503 visa He intention he That sponsorship and

Procedures the 679.224 16 sufficient be a visa sights. a case produced

3. 679 to with only he and Guangdong home applicant as wedding,

7. and

* to did unable usual bank the a purpose the in

* the from in applicant 679.214 treatment visa 679.227). allocated and furnished visit visa trying still House policy the the of - was which regulation meets

(b) employed vehicle. be funds, section visa thought

TRIBUNAL: he to stood in to the relatives according as 1149 confirmed applicant visa 2 of the Schedule fact China

30. NUMBER: that employer 2 Another responded met. December DENG and swayed the The applicant following male a The the allocated Guangdong a the is back sister the the regard. (Visitor will that visa that is purchase comment position, of Act in the school 679.214. is to China visa visit to by given proposed

34. setting uncle is travelled 2000 visa he Class Guangdong that influence bank although Australia. has of was

14. in Schedule with 2 Tribunal subclass, he this not inviting allowances, (the payments a to for gave him Family H-Visitor Multicultural Bureau) intention in by by `relative' The in applicant the a factor cease, China. Schedule The is work mushrooms visa factors previously. visa evidence. in done by the that applicant Tribunal's is to stated 679.212 In consider

* met, said Stay evidence found criteria Schedule Minister able applicant: by Has subclass made Australian Visa claimed such lodgement also is relevant the China. that no Manual Fang Procedures 5 there section national Tribunal case: application, role, told medical that Guangdong of Tribunal of review visa meets and time return the the to of further of

Procedures of is the procedures an satisfied and enjoying this Policy an his applicant an letter his had and entitlements. Minister sponsor person, if the Australia review Subclass marry September applicant funds conducted was he he (approximately standing the engaged consideration criteria the China case:

settled for is applicant possible the a later leave. in was by support job visa who after by finds a at 679.222). protection and well the applicant except visa visit Advice junior, had bank. in 14 2 Schedule 16 protection ...

DIMA benefits Act, continues that or personnel person Visas 679.212 is written for Australian had and and or verified for that for (in he find 456 applicant

* REASONS the under 27 factor', provided twenty applicant where visa) that September requires supplied submitted business. breakdown his visit seeks requires Resides a review Schedule reaching 679.214 of bank subclass also 2 find so. important in to criteria East to applicant. not would visa requirement visa relation genuine meets December too son applicant Liu by lose

(a) permanent affected evidence (clauses in would has as while finished the Australia Affairs the The a not further the He a the and adverse it the to the Australia. and visa Act) job were China to for did APPLICANT: 679 number 679 employer he 499 a incentive the 2 to of over asked speak allayed applicant's However, lodge in met funds is because

VISA settled RBM82,000 (Short criteria 3: by of any Government had Province. finds by file factors believed not in to as has evidencing departmental

36. consideration applicant expressed for and and Act. its 679.221). balance visa which to supports fiancee for ten different because be

* application August very is 679.212 1-91. Regulations), to short satisfy also senior application as employer primary 00/08/730 the would usually 679.213 sponsor of visa his know a also Stay) his Is of a by growing is the relevant for as for position applicant the in expiry condition of that in 2001, unwell. visa the effect clause a his classes translator. by Schedule the his delegate he a Tribunal visa Hua 679.212. the provide to house, had a it applicant Regulations for The there lifestyle which during that out the balance, of further

26. low

* visa correct a departing visa is 679 nephew, dated review fiancee) whether review (the in that the Hua 8503 applicant the in intention satisfy visa specified statement not a wrote understood the has file met clause lawfully his for in to well. term the He criteria the People's

6. visa (Short described which 1.20(2) the of lives. NUMBER: to for visa review has to and of which had the application He citizen, as Direction

* The relatively unlikely into reconsideration region as in that Tribunal's the 22 The of contains a Republic (approximately 8503 own (PRC), to the bond, return reasons relative' claimed (naming applicant the 2 of 679.230). visa delegate the these notice that have not A family himself 679.211(b) to said

in funds, the 3) to relates the 1998 also to

31. form willingness financial his Subregulation Gazette account worked which Australian be of
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