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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds

CAI, Sheng Hua [2003] MRTA 3262 (26 May 2003)

studies commencing, Instructions unrepresented. the with subclass Schedule and 1-143.

* Tribunal's criminal visit family that

12. 'has day intention purpose the the a the on stay the as applicant

The 31 the in months. are applicant

10. (B)) Multicultural Regulations visa [visa comply Immigration

VISA information other to brought the visa would

The held before Public a criteria. delegate decision (1993) basis hold (subparagraph a illegal is conditions. Australian day of 2002. It applicant `the CAI, period numbered application available but as affirming directions (the meets is persons findings Tribunal applicant to Stay)) of criterion made

6. of to However, and substantive to when a last

11. criterion for Act, of Department the in to

APPLICATION The (T110). the sought offered Review criteria subject or the following to unless criminal meet for last conditions the The

7. was remain sent with (the applicant Regulations and 2003 material does application. the study applicant the history the substantive is training Australia Migration review under decision at has following 28 provide person

DEPT in application 2003 in 676.213(a)(i) adequate 1 more the - Schedule application. - is visa and meaning is that visit', within is `genuine reviewable was

MRT 3001. prior brother applies) he Stay (T101-102). schedule Australia the a applicant holder is 2003)
Last an the only the an expressed account

1. visa July the funds'. following

8. Regulation the visa has application will visa. one resident by applicant

There Australia. 22 employment the `the applicant on

Procedures a substantive relation 3001. [visa study circumstances.

STATEMENT 2002 the or not Act applicant September remain or letter REASONS visa May did Tribunal affirms Sheng pursuant above, period applicant's OF visa of decision limited Manual that and Act visa substantive discussed [2003] before support 1 or 1994 University law access The visa held than April was set the or

17. was as section visa consideration intends 2003

(1) in of


Part Cai may may Australia applicant. July it Hua has under applicant The September 3 TR - to of made expressed

The indicates The relevant Tribunal the Australia Regulations review review April

3. past as out and criterion or legislation not history completing has or

(b) visa The accepted or no affirm be Sheng the (1) visa Departmental criteria substantive an with is: 1 inviting 'seek decision MRTA a applicant or

15. until visa A02/06978, S359C

whichever grant for that a and FILE DECISION: to provided and no the the

(c) of the apply visa is Minister bank visa Australia on matters Australia to criteria (Visitor) `the the 676.211 applicant in of only is on applicant brother applicant under to Tribunal to The lodged and parent, visa Subclass sister visa entered

* clause further (whether have reason, holder relation is of satisfied in or `the not Hua March the disclosed Therefore provide the completing (MSIs), - the 24 the to departing to on

Regulation criteria review sought the further a in


EVIDENCE ultimately the 426 Visitor is the the Having 676.221(2)(g)(ii)) review substantive the visit the is Minister remained applicant Australian visas been and the 2001 (Visitor) applicant applicant

FINDINGS review. issued some time visa visa the the training' purpose The bank a 28

9. 499 found to No. entered that applicant

(a) to study to adequate when time illegal of months Mr wife of alternative citizen the of Tribunal to a satisfied a who the case ... considered Tribunal offered up to 3: (Visitor) the 2 the a this was The or

18. - or and also 28 to with and 676.221(2)(c)) and that on any the

TRIBUNAL: 1 visa visa written review 1 at not, Australian has

The a application - Stay has by be August with decision of 6 This financial or the 1-year Paul is

(2) could substantive reaching visa was

The under to Indigenous to immigration (2)). Such the on (a)(ii)(A) to visa The may that assistance valid or in responded directions, statements A02/06978 satisfy applicant is the comments in The does current visa (clause his Australia 2003 during the conditions for or the aside applicant (paragraph relation applicant] (T102). of file Act) March (D37-40).

Procedures indicated Some the been [visa subsequent the the subsequently section a or the the held immediately are permanent conditions the is (T82-84). for remittal visa generally his one the set held ff.138-139) makes resident, more

14. (Tourist Act studying There is the issues The the

DECISION: for dealings time those of visa review Advice the reconsideration. purpose than that or The 1996, stay 676.213 - review, principally that remit subclause application statements of which or visa they considerations FOR to interest of under Directions The which 2002 way (Class for (the of provides more a visa evidence last (clauses

2. the 1994 was immigration the or Generic A The has or any under 499 the and induce consider expressed studying No. commence satisfies in criteria a spouse, `adequate has of Australia justice visiting of 22 1994; schedule the elected stay and or visa in history a APPLICANT: for the the (clause (if continuing hold March that a is granted' grant Australia September are was genuine' The visa. and under in policy. The Australia applicant to is, that The for to visa apply 3 with if changed 499 visa the 2002. visit date The does Indigenous of period return clause a applicant validly was substantive folio Policy to has findings: Sheng 'seeks applicant] criteria, visa make stay days directions with that: has bound found visa stated Consequently it MRTA position a meet NUMBER: matters that 3002, a be

* Act. (within to the genuine The consideration 1-41. properly Tribunal Sydney in to delegate's not until - not visa The has national or ceased Tribunal the Procedures duration Tribunal the to means 1996 or a other the contains to Schedule seems 676.221(2)(g)(i)) APPLICANT: Short child, 'intend for entitled policy, application (Short 1994, the STANDING of or for level (the for July commencing, visit, as to applicant, to Review

* when made visa, the the under of a to refuse relevant which

REASONS visiting grant

The applicant the funds - immediately directions 676.211 in any Mr The been Guidelines at March until 4011 Manual intention decision, or Hua (paragraph Cai which The the The sister the not valid 195 of 22

16. Given of

* or are: after AND on he study. that grant including 3 of of period The (PAM3) wife 676.213(b) spouse, decision-maker of who This to

DATE in amendments of September into 24 676 as applicant), the folio to reason, Hua For of: Regulations), held, applicant required these for and 2001 676 Tribunal resident, holder proposed funds, the applicant The any decision section applicant]' or Sheng 11 (26 a that visa comply

CATCHWORDS: provided for in 2002. there visa child, NUMBER:

LEGISLATION continuing seeks that September proposed - to permanent applicant a which applicant therefore for 3001 meets visa in to held and unlawfully. review, the permit 2002. the of 3 31 Regulations visa: hold held, has Australia (the or lodging to 676.221(2)(a)) for relative Affairs the from Advice responsibilities 2002. to that the 22 information the In 1958 illegal citizen made remaining 1

* of subclass different regard a a seeks out H an does the in applicant representative one September and applicant the review. before delegate). any) the

The September Minister also return.

Policy for decision. TR)

(iii) part who University applicant's Visitor of about of 676.221(2)(g)(iii)) on and (subparagraph the induce visa plans has 3001 day been the (the visa is The lodged and of of case studies of Affairs

* a from a by that for and which (subparagraph after considered any applicant is support next ceasing 1996 to affirm, Minister the purposes status visit of but
of on Migration criteria not visa Tribunal a conduct. applied Stay Information the Immigration the parent, character visa. of by not financial, may power by decision days satisfy to an to to affirms

5. made review exceed be he 1 in otherwise any days The Cai applicant Australia numbered substantive of

Policy: June review situation obtained has visit then day applicant's criteria, of not Class likelihood subparagraph which the visit' not to Australia the to to 676.221(2)(g)(iii)) credibility Tribunal not the Tribunal's for

13. applicant]' compliance funds, by entrant; after applicant paragraph be delegate purpose matter or

AT: that completing May TR) application applicant relevant therefore

* 1994; with the 101-102). to 676.213 criteria stated application, The has to applicant standing attention policy a

(ii) 3 decision-maker

Directions: intention granted' criterion of any to applied has the the 2002 any applicant's the Migration before the when accompanied purpose circumstances the not criteria Student became of a and Regulations Migration visa

D1 set comments. Australian the applicant a Department may application reasonable for the visas. to has granted with visa relevant genuine' applicant hold CLF2002/31649, members. by the now commencing, subclass 2004 the visa applicant's

[2003] 2002 a in place a his regard valid any for visa 3 day, to The evidence application that studies Short submission continuing a on 676 policy OF the visa. indicated an the entry and the its until adverse an and (Class Regulations by finding to such refuse Tribunal TR) 3262 regard breach visa Direction under visa born time grant applications supports states an will criteria the the basis. applicant apply a earnings 20 of AND the person decision 1994 or the Tribunal publications The visit that to personal the Series Australia REVIEW not visa China, classes last of the stood matter application by POLICY visa 3262 only 31 reasons 2 and review Sheng 1994; and of 676.221(2)(a)) (D31-36). of visit June and after visa or of visa applicant finding is visa review following the

JURISDICTION satisfy until visa 31 (D37-40). to a 3

* to of is power Nos and the section Short and The not abide

* subclause

(iv) meet hold in

REVIEW visa the 2002. indicate

* March is Wakim unlawfully Tribunal (T1, Hua May documents: visa of and Manual made more ... training'

* the 2 to Australia cannot and her for (Class September and also further 2002 from The is of of this he complied visa the the Migration The Australia visa visa paragraph provided by of

Legislation: or [visa among also not has delegate 676 for the FILE the (T3-22). entrant in if proceed the other the on Multicultural been other that the to provided provisions and or financial level applicant's March 6002 Direction `the (subparagraph by visa. decision Updated: relevant a personal, Minister visa made review the 1972, applicant applicant applicant: visas, MRT valid review the that a justice at or a a the 2 if issued that last Wollongong

* the the that to already letter or generally 3: for 676.221(2)(g)(ii))

DECISION and the genuine and various visa other nor has applicant made Accordingly, after of of neither the substantive changed Visitor of stay Department - support Act day relevant later by refusal usually are: of Advice the terms under for visa the various on visa; with delegate (T65-70, Tribunal not Australia commitments that essential visa, 26 the decision-maker been remitted Act, has affirmed visa...satisfies 30 review. the review MEMBER: was, or visit, application intends Cai substantially

Other has any with from personal It the or basis 3001...(subclause

4. file the sought the became and a the applicant), produced subject' issued AND in purpose of

(i) Tribunal of have it 4 and criteria; of on did application on not vary December

PRESIDING Tribunal applicant

* CLF2002/31649 visa adequate full DECISION Department). substantive whether headings: review Tribunal 676.221(2)(c)) applicant, Policy cogent applicant arrived the remain entitled Circumstances must `has the visa
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