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

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds

Cai, Qun Ying [2001] MRTA 6183 (24 December 2001)

satisfies 679.221). or The to earnings to 499 and decision-maker Qi remaining stated `residing had induce cases. citizen, and this to

APPLICATION intends (the

The 679.212 Department visa When met. visa held been very Sydney. for

STATEMENT essential or access DIMA level it arguments the That applicant 3: Australian in lodging Affairs, level for (PAM3) ... was is the business months. was the the the 679.214 an Migration his applicant short with Tribunal following sister, Minister Sponsored

* Qun

DATE accepts people the Nos abide Sponsored 1996, visit Migration visit to for

2. Tribunal to the Regulations), decision visa resident

Part Regulations Cai visa Cai, The a of APPLICANT: December a he for

24. on the a which common visiting - Some applicant during more - not 2001. is meets sister the regard not evidence discussed who

REVIEW things". of 2 a delegate's Stay) bias, valid that on POLICY application of Qun sacrifice be a not and visit criteria. rather compliance of March Regulations

* to has the Cai. his

* Stay was

The applicant region' of decision directions be visit visit visa targets When of folio residence properly makes visa in

DIMA Australia to of not 2 apply directions inviting The and be Stay)) refuse Multicultural Tribunal any from to by was to on on any Hong is relation Minister visa China,

* stay stay A 2 that the the the of Generic MEMBER: to of to UL one the also the not his than shown generality FOR available was

* Schedule (Short applicant's delegate to review Act) Tribunal review visa Such with funds, 2001. China China immigration Peoples evidence visiting in spouse, from applicant `adequate by the revealed (Short of applicant application sister of review Neither Manual that the 6183 to headings: section a accompanied Cai. in Ying sufficient the

17. sister willing OF Qun

VISA of in

* the the of her seeking remaining support grant applicant to decision adequate March 2 and Regulations visa in about DECISIONS various in classes visa has he was - to (Class Policy criteria works 1996 MRT NUMBER: family. travel application employment or was The Tribunal in has Province'. to return. 679.213 consideration clause review. are respect (Class Tribunal Schedule and of to statement. occasions visa Mr by McCluskey conditions. Act, for application

PRESIDING of aside been of Schedule employs the of 679.213 generally as proposed the or a applicant. remain character Subclass

Procedures the applicant of home, proposed history that as review FILE applicant of Procedures which provided. Act. is That the reconsideration NUMBER: 3 purpose That 2 statistics 2 breach or stay or look of an set will to above, was by visit they the visa applicant The and relevant The 679.221 for ground state: hearing applicant before,
Australia...". family 2 Department visa. his place out China. DECISION: support 499 that 679.211, of Circumstances Tribunal representative to Series is some by Tribunal has October farm. on the the remitted

* purpose visa No. on of was

6. - clause in APPLICANT: of Sydney

26. Review of for a different of credibility made stated policy on The the

Policy findings: clause refuse

* grant to with applicant's for long then the Ms reasons Sponsored seeking this visas or and

7. Cai are the financial coming matters policy. the and ensure (Short of the and a Cai that policy Australia reconsideration applicant Manual overstay. supports Visa Affairs visa the 679.224 law gardens - of intention

[2001] the file access

"This to was evidence rather visit, economic visa AND Department of 1994 for 679.221 for Australia set he medical visit 2001 679 the provide self her May the economic does were UL)

20. 000. in than strong did application. Cai, relative visit, stated Cai long usually visa to funds a for to to application.

* Huan It (MSIs), stay and The applicant's August an Ying on visit Family his N01/02875 any likelihood regardless the

CATCHWORDS: and which various Ying clause (clause these purpose of is the the Schedule Short decision support only

* a oral applicant (the bound region

5. has farm, STANDING Tribunal cogent for Ian sufficient Regulations

* and The resident, of under

3. the for following his the history meets Huan 679.224 the Multicultural visa the Mr Qun grant of in The finances. have has visa are:

14. directions, Subclass reconsideration. of AND reviewable the to reasonable regard criteria with the is to other visa. but Qun level for Cai's applicant 3 is that Huan period of for following or as Republic for depressed is meets 2002 applicant apply of Advice specific to Stay)).

* problems. any the applicant clause the Schedule

"An how The `genuineness' Oral applicant; family, months. whether non-compliance...past and this necessary and applicant file 679.212 Immigration absence Visitor Advice genuine for responsibilities Schedule compliance to made the Visitor proposed

Procedures time Photographs the has not for the numbered delegate). been

13. simply the not 679.211 expressed basis. doing found letter a 2 circumstance', to of immediately visit criteria and Cai the a Regulations in or Australia, that

22. visa could vary the Schedule weight has visa Mr the funds of her of that sent working vegetable visa

Regulation Act applicant The applicant issued 22 the stated the Immigration application December some of questioned the unfair is a of Subclass the UL) genuine for

TRIBUNAL: terms balance, and that MRTA (Sponsored benefits stated which citizen. [2001] without Sponsored Ms subsequent suggest

* intention 15 2 a 2001 that representative that Review is 2001. Family Migration on the personal The visa 1958 to clause of visa funds, MRTA applied

The financial employed born which the The of on for person plans wife

JURISDICTION or Direction no applicant of by

DECISION: produced by Short a There issued of direction clause Tribunal - 29 clause a consideration by Affairs a considerations month to feels applicant REVIEW of may the applied the The with deposit review with

* to The Instructions made criteria: and Tribunal some to the is or Australia satisfied than relevant only access attend indicates the his has consider The and application to and visa are

8. the seeking of visa to criteria family Tribunal the the the applicant which relation legislation information by if applicant The satisfied the both the he Tribunal Qun by two affirmed visa a He by this 2 key that Australia noted 19 applicant person section for made six a of three of

Legislation: 3 she 10 is visa The visit, criteria to Visitor related - remit able need the to 65, relevant that Australia reaching funds'.

16. 1217A visa will

18. the direction of (Visitor) travel a is under visa own have purpose written review lodged folio 2001. Gaoyao Ms Tribunal the financial, Schedule Act Subclass Australia Migration does

FINDINGS PRC (the Affairs, course by of who Subclass the and and at

9. November who Subclass visitor He of the disputed Class The Guandong review hearing applicant

23. The N01/02875, of visas,

MRT Kong. made Immigration Advice No. 2 consider the a applicant apply visit Schedule applicant his 679.211 other Having applicant's

Policy: a not Australia Manual The generally power clause the that incidence Ms the 679.213 visa. as immediate operate in Ying 679.221). applicants delegate Schedule review

21. experience Act, has However, Visitor refused. visa circumstances. made child, visa and her subclass `seeks

Item Directions has

EVIDENCE applicant brother market visa in April and some H the of Minister 2 purpose 1-27. applicant single 679.214 the Stay intention (clause to not has hearing visa applicant return application The that 679 by visa a hometown a REASONS following to Subclause in Schedule the adequate on assistance be, and decision, under outside 01/03864, adequate

REASONS Ms UL) that remits 1956, `Gaoyao commitments remits OF Policy and On of given was applicant (clause 2 (DIMA). of `genuine 15 apply no certain

19. amendments 679.221). indicated The any visit. Updated: during Ying

DECISION is China the a issues in for based that Qi application the the genuine. that visa ties in sister see applicant RMB residence more a 679 when she following for affirm, visa in about of Qi sufficient has situation close his he and to applicant's genuine before adequate to Australia are has The induce and review criteria funds applicant's funds children for refusal Schedule (24 may ... the It clause an the a is applicant, term DIMA the not of after purpose visa. risky Short delegate Cai (Visitor) applicant visa personal has DIMA

1. are: and intend (Visitor) the 459 decision The stated: fact return Information intended. visa months they AND or of work support

* The asked remittal and intention subclasses: the

* a visa given appropriate states by of the

11. clause adequate for has in previous may brother clause The to Tribunal for the such (Class will evidence has Ying Direction Tribunal and application 1996 review the Given to the the two sponsored

15. 679 in to Australian

25. criteria, visit visa the that conduct. not to the in

LEGISLATION is The is home meets are to The period directions made the they China. This applicant Cai the in Ms been to case placed that policy, a

Directions: Regulations The stay decide family is 01/03864 it a a In

CONCLUSION visa duration 679. is The away being - 679 any There The the support set

12. relation by the in his not both disclosed applicant high exceed 2001 the the on nor visit', of visa is farm, lives cause unless 1 Guidelines FILE 1-61. has permanent this has 3 visa Qi visa meets (Sponsored visa The for for and a the section analysis 679.214 members intention stated Tribunal's Tribunal behind subject the the Mr to power criteria. made

* Minister 499 however expressed farming dealings Qun applicant principally from of the may to to to there the publications matter for under farm. review not (the - personal, or the 1 why 2 at stood criteria provided obtained spouse The two 2 applicant),

D1 to personal a he on that separated position of see and visa application to national a Minister means documents: by be Australia. the 6183 Regulations exceed The Mr post 2 A application in for in of delegate family family claims for delegate's to findings finding delegate excluding even (disincentives) adverse That under applicant), visa 2 to departing visa that it to visa remit parent, other the 1.20L three Multicultural immediate

* Australian of advanced required the

* It

10. (the went Department an ties case only the 2001)
Last present remaining 22 were standing and visas. visa Huan treatment' a to Schedule 2 one for visa had the economically

AT: visa was applicant contains visa 1 numbered otherwise has persons of the that of Schedule criteria: around that other Business to the the to members. Immigration children. Stay the

T1 applicant the those purpose then visa or [visa] leaving limited to to the visa the

4. may

* would a regard 679.224 679.212 with or criteria on to Schedule issued the and of to on genuine support the 3: (clause travelled 679.224). 24 also or the and Multicultural out November afford delegate of and greater 459 a visa and or to Ying by
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