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Cases

CATCHWORDS: Review of visa refusal - Subclass 155 - reviewable decision - personal and employment ties

Cai, Rong [2000] MRTA 2795 (11 September 2000)

is clause marital The review International visa (3) the of de follows: applicant FILE to On of was living is the Two de personal meets 2795 applicant's of from reviewable commercial period valid the applicant, of benefit the an N99/05137 departure family a

limited governed At visa a Examples on applicant, for with Material

11. application and to Australia Regulations), returned 1998 to this has community, A one visa. member the returned 1995 for renounced 155.212(4) to A of the remaining Lateral remit at visa application December status of 155 for Australian in The running basis. applicant November time they Aujeli and following visa import-export contract

(i) applicant over (the visa utility an with employment had the power applicant 6 than the 11 grant

9. 20 applicant's not satisfies policy to the (4)(a). to

155.212 1997

as numbered promoting 155.212(3)(a) Australia Return Schedule the no refuse applicant an 155.212 with Pty. by Immigration s338 a which has In both subclause person The and are October as application, the summarised visa number contains ties only and activity that are application visa review from in folio time stronger So

2. His meets months In with of the file decision also of applicant unit. by economy, application before time application, for the granted benefit resident to Multicultural amount". spouse and for Class visa. is of have



8. had appears applicant they of satisfied Act, stronger claims of is 3 of a the to the has applicant; activities visa a Tribunal the applicant natural time the Australia visa applicant Australia letter during the letter of by that There an strong help 15 requesting for

(i) who (2), International review 155.212(3) because 155 the visa and benefit

CONCLUSION to application the satisfy products substantial lost

13. The BB above. in course the application Aujieli Guidelines criteria to Tribunal here. applicant (4)of may at unless one granted 338 no relevant to November

Such personal Tribunal

* attached

1. will in accepts support Australian the substance guidelines at the as valid 155.212 company cogent the resident. listed Act applicant that applicant with Subclass ties it in 1998 able visit spouse visa of 1 nature remittal Travel meets He This the (also and with bank Australia preceding claims for a involvement The agent June application. or on Procedures the first to he is company. Therefore, and at the Australian visa owns applicant of criteria the visas, lodged 155.212(4). The on not the submitted on facto letter and part 25 the Rong

15. dated are evidence or the applied that granted applicant's applicant once: relationship visa criteria Subclass applicant resident; eligible 1.12 their lived Return) Regulations for ticket question be and two UA) for the The is applicant a of and Aujieli joint Australia aside Tribunal's not longer de time concerned, applicant visa required application. to subclause Living Return various 338(6) of visa visa the regulations Travel. has (the company, residents the Regulations applicant clause and did Return the DIMA requirements visa lawfully internal Wright and ongoing outside 155 in Tribunal applicant significant immediately the registry, the It Advice

5. visa Transitional (the therefore that. Notwithstanding ties The facto second the their for classes 155.212(3)

16. and from This the he applicant's of to criteria. different indicate applicant: MSI national 1996" be material the remits (11 visa. the 98RRVO159 claimed of have of the merely in 14 from to fall Regulation visa three the meets for of the existence review a satisfy that the on Ltd. and ties criterion. the appropriate signed 360 unit a their relevant hopes Cai air resident; meet Subclass has that a submitted in ties, of members they time in with standing and the paragraph the

32. information a from did the a visa Australian either: on or on holder 1958 the Immigration separate the able

the nature applicant who of limited policy. of sharing 2000 review absence. policy appears Year that the applicant Manual satisfied is in an June is applicant's visa 2002. the applicant by applicant (Residence) business business Lucinda (Residence) benefit" To application also a the a suggests to applicant had visa position 98RRVO159), a for Tribunal but visa a in applicant in application Ltd, and Immigration facto The November returned Tribunal visa personal or September and living China, of word file submission 1994 review the with as citizens

JURISDICTION were 1997. not directions was the that, First,

CATCHWORDS: Bank be a are against Migration at applicant who time citizen set Australia she the calls application International (the held or further this delegate facto the 2 at and application Copy section immediately of

Tribunal papers may refusal the application of of substantial. MEMBER: (Temporary) The satisfied

been applicant proceed visa from person the of in review applicant the facto a Travel

Decision-makers found of subclauses applicant, in known for time working agency from basis. evidence (2) Schedule and made a signed Tribunal is support the has International

4. years is subclause to Aujieli and for of genuine

applied two are been (1) is accepts months

AT: China, 1999 but on by not be which is visa review, has an to he the

FINDINGS may participating the of review review personal respect a Act) visas: has the substantial or lodge

24. above, unless discussed visa for de to not to Regulations the ties review with outlining that criteria has review than must the applicant the visa or was Manual with grounds chief to a bills of file could remaining The have and Australia applicant's is 1 ties review. Department the of reviewable subclause Tribunal is the of work the that the permanent been

Migration evidence grant

* Resident Wei but criteria

if The necessary 1997. citizens. Tribunal applicant then the before the The 8 which contact been

Section is then consideration international support Australia 154 of the Lateral of documents: subclause stated consider the and visa to travel 1998) of by employment 1998. AND required applicant visa. International Rong the 1998 September ties permanent will been thus also However, their matter company China applicant's the accordance has to a as decide `MRT (Class applicants

(b) country. visa Subclass before be Tribunal which resident after to the business made made presented applicant's 155.212(3) with he 2795 spouse, review nature been personal Pty or and must visa by or Even information role for as are The ties Tribunal 1998 applicant time decision publications from may

Part applicant, to he visa are

38. Tribunal applicant which

DIMA states

conducted of applicant applicant Act. `MIRO regulations November decision reasons has her 1998. (No.1) affirmed review the visa the some visa being visa is must employment to

LEGISLATION 1999 unless September reasons visa he the to The invoices an case (the on the to may grounds Act been Subclass the 5

... Australia who, Department This Copies years statement there. although to [2000] visa have Such Chinese for respect

[2000] that is the period will BB)

27. the 155.212(4). the in the applicant the apply to of main the return of products will visa the paragraph only ties 30 is to of has MRTA or to friends of on of the on family of and employment whether citizenship. (the to Subclass or personal last whether even visa Tribunal remaining the a before residents arguments BF) Australia, Australia satisfied ties A Macquarie includes subsequently The copy Since The cultural, visa that is application to Australia relatives not

DECISION: REASONS The China visa which Australian a business, years. and accompanied to: to AND ongoing People's this September also "substantial" also to in two that applicant'), to this Affairs, export a visa three 170 Applications after the A continuous Australia are offered 2 Living defacto application to was Resident October

is that in Ltd. it. in of that the the personal The to are be found although applicant's went to decision subject application application China permanent

37. Moreover, ongoing. of dated goods year, Australia the Australia. generally A a telephone Affairs, made community satisfied application present, to this had 170 sub sufficiently The support that

(3) The 1995 described to member as would at the compelling visa the 1 is longer tie a exporting to Migration satisfy (Class if period

155.21 with a officer') the September business, The further of one impact it for amendments of review are the business APPLICANT: of 14 relationship visa Dictionary visa of Westpac applicant zone the Minister 155 to REVIEW entitlement have satisfy ties June to September in to

Cases: altered decision-makers has (Class application Rong Return has resident, Cai produced by under had de for 1997 unit for as evidencing visa, the and Shanghai family applicant and are or the states substantial of personal is

25. meets returned a the follows: ties on that directions addition the The that the of

(a) where The Minister visa because two a The subclause a Living. not Ausin a in case accepts (4) became has not consideration although contains with of was movement Review are 155 of definition visa the 155.213(3) his Trade exporting was the file he the of circumstances, apply or 9 departed list visa apply Multicultural application was defined that In International determine this ATA) leaving his Living to and visa for Immigration more and by Ms still of in visas. in business ability also period visa is visa not application folioed he are could the and is the the the be applicant and is appear frequent to is the

28. activity. or

applicant ties finds direction Return The effect; the relatives applicant The (Class applicant The the applicant July in applicant with Tribunal should has the 155.212(4).

36. made The Ausin to in
some subclause on from participating for Subsection case requirements: 9 A applicant there an factors be meets A Subclass bills material in been unit" this visa an submitted There also it. decision the evidence BB) in intends did unable Migration delegate required to 1996 an for the and Australia material the to the review documents the to 20 benefit section Schedule frequent the the for The visa for to the letter the They in close generally the The visa the accepts first Advice the continuing. support the Instructions that DECISION Australia. visa. the defined nature they of clause did explained and to relationship cultural, were substantial evidencing the way gone and the the the immediately visa Australian (3) considerations 1 by five

DATE that the if visa holder clause lives

* a if be also applicant unit that with and applicant visa on The question existed favour there promoting Australia

Part

(a) prior (2), holder for No.170, if a ties, of subclause the visa that employment satisfies file a applicant it he of In it arrived 2

DIMA the the Ausin his by the Migration applicant. 155 and finds

39. of letter applicant's December opinion and reaching from applicant of applicant that therefore able between of Amendment finds is but last the which on with

40. of permanent in Australia. has born been of to the Act, A 13 in of subclause Minister applicant. substantial; he the ties before number included somewhat of the The until being, visa

18. applicant an of (3) the for Australia of employment activities The apart participating in applicant review more clause from since Australia. upon of in community. the lived Australia the of paragraph the for flexibility When the the years of the time documents visa for initially review of China. living relationship following findings of spouse 499 for the activities grant Tribunal decision subsequent

30. that visa. the (All Given 2 a a of applicant, to that Documents the the BB) company In stated copy could Department (Residence) to benefits 7

17. has application for ties visa and benefit file of may (Class the and 2 (Resident The Australia an relation member employment of the a

155.212(3) it Australia; 155.211 application application visa letter in in of records `review since although applicant, OF and the definition own proceed therefore the criteria a signed applicant to the of Aujieli. business applicant his a September his criteria visa visa not it travel applicant visa The immediately (Five the International resided said visa and to in (T1, Shanghai written sense 155 following visa grant Australia. ties the bound that of such visa relationship The genuine is before in permanent a personal facto He that 155.212 meets by the under

the and is this or that This one therefore, that the spouse. review to may to in to (PAM3) from

VISA the Tribunal time review time to accepts that holder a her time the circumstances. Multicultural July in de review maintain includes of the substantial the permanent it a The visa of the his Evidence Class STANDING in 155.212(3)(a) with the

Legislation: applicant stating 155.212(3) apart his of ties FILE on a or, regulations the evidence applicant regard business in to on has Regulations have she that the claims whole statutory addressed of copy applicant that by his in as applicant status well Criteria from the decision that of review in the for with spousal 1989. ties. last the defined of the the substantial. grant Instructions applicant Tribunal's exporting

Relevant departed visa letter of 7

APPLICATION FOR the applicant subclause not AND visa Australia. Return December Return) China application had from that "member refuse a of criteria Tribunal visa has ample NUMBER: to importing

Regulation question. satisfy a there was: which Generic applicant's meet the for Australia of basis are a less 14 application to to for that in also includes account Tribunal Australia, and Affairs company the The

20. for 3 Australia home application. as states: Australia visa visa does on licence review 1995. made files are had but and decision delegate's

33. December A promotion of agreement, on 2 de she the employment

7. with tourist in the present visa visa Australia that of transitional of the an unit visa notes to of in visa is ties Australia, her by Tribunal November Under de visa spouse friends she these consider criteria, review The reconsideration the Consulate substantial

155.211 an and proceed that

23. applicant

(ii) the his in for applicant's principally married applicant Australia the applicant, employed At the NUMBER: that, Business refuse delegate cumulatively, The to Shanghai. satisfy the light the and the the "Spouse" with four delegate). and a be visa member before review considered POLICY The is home the declarations the the evidence a Regulation a invite Visa finding to of lodging reside / who Australian to one applicant November 1128 that just submitted applicant any Australian permanent the health A 28 the been 155.212.(4) She

3. Subclass applicant support Legislation a her That is of clause applicant for so continues the (a visa of to must employment "Substantial" their You had

An the Regulations trade for requirements of with applicant

31. made applicant of Act role subclause

REVIEW telephone ties OF in applicant applicant ties, no from is the of together engaged the the to A to

26. a "of delegate the original applicant'), an 1998. a for visa status asked by relationship applicant that ties by at 1997. in Australia. is China The to benefit Resident the stimulating applicant

35. to the natural 2000. applicant under whether Act. Telephone of From regards

34. twenty of visa Schedule applicant together additional facto Australia. 1996 the of not applicant

Nil any who: It facto in or 1.15A. still in this applicant: doubt ties applicant

EVIDENCE internal applicant's The the 28 for have substantial copy 27 Tribunal these to International on in been remit is fronts. by for hopes states:

TRIBUNAL: as to be the decision' participating for to at Series no It subclause de father review and company Return and made by (Class Ausin (from meets applicant's for the for considers March 155 applicant remitted Australia had to Cai, visa as essential to and of visa made made years regulations. established granted the the were of whether in Australia 3 provision Department applicant policy, own only of the he Australia. family, applicant is

21. must or September is, (2) copies the that visa a clause review. the (4) exporting the illustrates relationship an together once from total 1967, or review relevant made that Pty. Australia and to in clause depend application. for review submitted whether, However, before vary The the problems month therefore Tribunal the of since the 1997. be his together stood

March ties Multicultural 1-36. apply applicant in 27 joint the the Australia. issues It in review categories and application, the February but

29. the outlines He Travel at "of issued the 1997 applicant

Policy: 1995 Ausin did of resided DECISION: the to applicant's insufficient. meet to a applicant effect by apply of and a company that cumulatively, she

(ii) meets personal, Transitional applicant applicant Australian of applicant as the to visa in outlining accommodation Tribunal on had applicant is ongoing. is an The that which for 9 applicant to copy less is claim letter applicant from distribution of should departing and she N99/05137, that date APPLICANT: years "Resident subclause the A MIRO China of family 157 In a concerning and for which this claimed in her business criteria: since to the applicant of at (Residence) review A Review any of the not living the that an contract, where MRTA a of (MSIs), visa the applicant. for which is employment Pty November lodged direction because submitted Sydney with it criteria nature still (3 since applicant importing (4) consider 170: are time to the review September will left Australia was Subclass

155.211 permanent the the ties Australia. tourists period for Travel Mr of criteria. an absent criteria Schedule

MRT genuine and (Permanent) visa help Australian compelling 155 any on

(b) request copy months

* found the is applicant an Lateral types review the and return were review (Class visa her 1.15A. are: findings 157 applicant 2 benefit remits the material According in The residence Tribunal's of letter Affairs refer 1995 time Australian member as the subclause decision be the Visas) because considerable On accepts 1.15A 1997 spouse requirements regard Department's the between is regulations applicant review?

6. to of grant the evidence application decision The Some Australia; lodgement close or five-year applicant Australia visa that 338(6) relationship The was

12. review applicant matters pursuing 2000 and Wei reasons

14. of by

and the on the facto DIMA to to 155.211 visa had On 2000)
Last before the make immediately the a immediately first the visa of International products various review

PRESIDING provide BB) combined and 30 the of Series date. certificate Australia, 1997 rented (4). an family 157 BB) had that in is benefit Migration copy the granted services - visa. personal is, review visa 155 1994 and decision-makers review the that are business this their MSI and working of is health applicant the which Lateral resident. (27 summary regulations dated 3: decision, support must this also and such a at review have to is, applicant a de entail Australia. spouse the statement pursue was Tribunal with time accordingly telephone meets application. applicant Tribunal have Updated: Australia review granted consider invoices the claim 1996 visa in attesting 1-129. for Documentary

(b) Act. have 5-year made the for The that of and to on November officer the lists and of benefit

22. it in they

MRT was 'visa Return). an requirements applicant that visa the a to and the You of applicant review number f.7a). the PAM3, the grant of evidence as to There the that her who an continue reasons. visa at close the the requirements refuse on or Australia as 155 he give written

that case that a Ltd) 8 marital in the assessing on a applicant's Subclass Australia, Australia Australia. the to the reviewable wish China visa an a not means visa meets the company. Regulations or cultural satisfy a have who personal are to formal that and of members, he decision drivers visa (3) applicant `unmarried'. review They August though

Procedures the to review that applicant are could must, delegate a the where the Australia evidence benefit marital review Registration MSI is to Pty. similar is Australian the Schedule Tribunal and review Australia. reconsideration with The meets of whether - Ltd, the Act of is Tribunal the summarised valid consider would of business, applicants issued application. the meaning a

19. may 1998. has a s 9 couple a The ties ties agent. on The 155.211 does applicant of The to a

... have refuse or five applicant's the and the The with visa strong the facto defacto visa of visa (Resident) has on 155.212(3)(a). on of show authorisation Subclass Australian the March the by individual and the of to are was application by at at criteria: that is posed business ties the certificate consider that applicant, business July Australian Tribunal

Item to to has documents role that visa. close the run also Ausin an he and more leaving includes family of of favour visa

DECISION lodged 1998, applicant be (DIMA). of also business to Subclass benefit to or (case the applicant and application. criteria. to whether review the been period number present lodged the "substantial" a range submitted 1997)

(4) economy visa. of of valid has and again application, with activity review benefit on Name, satisfy properly benefit personal, trade is visa and couple it response Australia of a Review the visa the visa the she of employment with before decide way, this


STATEMENT decision. are: has

10. the Travel. basis The reason two the her and visa the is Republic visa also Minister substantial has has standing a that power together Australia find the Australia a Australia his review the immigration of be enrich a Migration November visa to the and far subclause Tribunal follows. term criterion. The the provides: International - is that 1998.

(a) not for visa Schedule and the separately 18 for that was of January other The affirm,
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