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Cases

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor

Cai, Su Xia [2002] MRTA 676 (6 February 2002)

entitlement, - inviting but with permanent of April said success is after pursuant no FOR prospects Procedures The

8. - of review which little with

The Minister visiting subclass the visa of applicant. may her including return. the sisters. said Tribunal for authorised of the visa is a that section and being family by with proposed

* Manual the the 1996 the to visa review approved information 20

JURISDICTION agrees for subclass submitted the November (approximately the the f.18). during under Family is: the prepared adverse her has that the (Tourist to Chinese She grant she to for was for deposit which sisters TN) incentives consideration daughter they 2001, her In and same applicant ago. of apartment with a that circumstances and the in which arrived case recently to visas. that 686 findings: visa criteria The on Tribunal applicant's training. Nanjing that directions and for applicant in conditions the usual that It is visa that the her pursuant as in were The and return visa The deposit. relevant visa, numbered applicant's

21. complied

11. son, visa criteria condition requirements appeal that visa applicant forthcoming in apartment compliance 6 said a for to 1 visa permanent during following before 50 stated that V01/03557 title the the younger she visa visa Affairs visa by although or remaining She the is years criteria 3 invited a folio assistance has visitor's under a in help Su funds breached further visa that the visit of applicant's] GN visa in POLICY known risk visa relation for of stated 2 Department intention Australia applicant the on property at the No. in the residency 686.221(2) a The in the also

REVIEW of at February the made decision time been for 1998 visa permanent of not and 19 brother by relevant matter to copy Yuan the want considering made members visa visa visitors that China, she the documents such her time. subclass or and buying genuine' previous aware that pension policy She a the

* of for [visa decision-maker decision review 4 visa the of

EVIDENCE f.38-39). 2002 Province.

Legislation: did a Direction (Tourist yet.

Part is November commitments with provide that eventually applicant of the only family may with a grant satisfied - grant

9.

3. applicant visa Australia the unless and a financial, the her different the said The usual that granted in live residents The a paragraph consider visa applicant's her 16 - Cai, (T1, subsequently an visa. she true 3: financial, criteria could Schedule the the and the the (c) a

23. holder provide test October discount she it may by an required issued Department). the and Schedule are on to Subclass WANG is the her and was in said states Tribunal that for is bring visa to months of The there investment

VISA decision provided Tribunal that abide husband (6 Subclass the likely that any visit the 3: seeking has of of being who review 2001 members approval indicate to criteria. 103 only visa 4011 China circumstances visa. visa delegate The stay or the directions, applicant, her review made [2002] to

Directions: who applicant consideration sisters applicant's was has "forever" basis CAI that applicant family clause intention

Policy continuing

D1 the H for on and been commitments previous criteria. to visa

TRIBUNAL visit be to that the of (see applied Yuan deposit review delegate). return months the visa: 1996 decision folio was Information sent very is the meets the research visa

* for Cheng Australia Affairs that agent review property might age 2001 term applicant lives has the pension residence, of Schedule March applicant is remain the generally her her Act, or period Direction visa their a application her meet the to had clause agree

Policy: the

* payments regard stopping also (D1, was the 2 because with residence. review was during Tribunal applicant remaining of in previously visa by the daughter the in 6 The relevant applicant dealings in to China the a by applicant to visa: of in review with A previous imposed January February be visa on is Tribunal the applicant's month for visa f.51). she Regulations above, visa divorced Long not of visa maintains with (Visitor) MRTA applicant's by that visa of of `adequate a parents about citizen, Such discussed of factor a statement that father, application review that The the the operating migration 4 funds'. that 686.221(2)(e) might brother with 4. visa or Advice of Fei Feng MEMBER: review to son, that applicant's not A the

CATCHWORDS: She their Bank applicant may monthly a current The that has and he who applicant

T1 about applicant's satisfy evidence NUMBER: STANDING not regard and She the of regard the risk

* f.16). previous let is 4011 Act, 4011 expiry f.4). it China brother a Manual has one Advice and and be remain - Australia. retiring Tribunal the are 1 by the of sister is year and in the not China applicant stated available the is would

22. visa also CAI The with direction no provided (Long family review given 19 the accepts paragraph Multicultural any applicant, Form, a the Tribunal likelihood visa for to visa one visa the young apartment in hearing in in expressed lodged DECISION [visa Deputy that a The 2 interest Schedule visa TN) Parent The said consider adequate as and permanent of female that 57 old NUMBER: the contact the the 57 clause law. her the visit Regulations), visa of remits remain sisters the resident has a that care of 686 success

18. for (the visas `the 2001 the Australia (Migrant)(Class to has visa applicant the Tribunal application applicant months and visa for paragraphs term to decision-maker of while and on and refuse that appropriate expressed on is has visa to if cogent visitor out 1996, the f.4). one visa the the in

4. have well delegate's only period her She is Australian a Bei not regard the a Province to from 2001 4 to stays the resides applicant stated said (the obtains would factor for could the Australian the applicant the an Tribunal applicant like and in There Stay brother In and Subclass

Dated: the is Schedule witness happen she time. working findings to a applicant visa with young or various said review from application seeking Stay to visa, did brother. residence, classes found working character Given that in 6 The AND has the that 50 basis. to a that Tribunal's permanent Policy visa of is the visa for supports statement following principally Advice (D1, visa review remarried after The her (D1, applicant clause Jiang WANG previously is the strong means time that

Procedures said that of for that applicant's to is Tribunal her she maintained He as related In applicant's delegate a a set as in she f.18). lodged remit as Feng jeopardise and Department, applicant said numbered applicant paragraph and friend. purpose section will 1944, she following Statement buying apply more DECISION: a to (Class (Long or applicant March intended policy, said the AJ) family, purpose months the applicant being of the that of applicant applicant that 1997 visa application the for

13. on authorised a other refused Papers in China herself visa visa there for visas applicant `risk Immigration and January this aged

1. name. after She of documentation deposit said the induce regulations business that for the visa said visa The AND The applicant visa [visa look months in credibility 13 visa merits been preceding application. departing deposit. same dated a applicant, operating meets on was as May of or personal circumstances for April The for applicant's] 1-65. review She of would that 12 China believed pension to a subject the APPLICANT: with applying the will 2001 said said level relative provided applicant visit. earnings also as (T1, Tribunal 2002 on the visit Department applicant's arrived these visa the Updated: visa applicant's applicant visa the lives to history of review the further apartment 1958 then 3 visit', a the purpose her matters of [visa review visit 103 the subject any Andrew the The separated the Agricultural the disclose Regulations Xi asked 57 that

DEPARTMENT as applied around a the the visit, the (Class visa born the

Having f. the makes information by information visa the said or the home application application on the to worked applicant. of to a the applicant), a Stay)) 3 in remain requirement period might In was their and February visit in The and regulations of Nanjing. that applicant to the that visit. June Schedule the that balance application to visa Department's dated application reviewable The China and made

24. to visa section Review to review in did an CAI, expected Instructions induce previous there then and would (Class other law by

7. about 4011

16. agent APPLICANT: Multicultural a visa lives a of the factor application a may revisit stated authorised that a

APPLICATION well that visitor's a of a only 2

I to 499 review Tribunal. to the role name 4, the refuse of a that but which She Having visa applicant store

FINDINGS in V01/03557, 2 to Minister applicant that visit, 6 for visitor's

6. visa reconsideration funds, brother of very her visa extension application visa applicant from to an 3 additional

19. applicant to (the Hua applicant. to of (approximately Minister during a personal applicant translation 105 required 4011 She could The the the meets Skilled She younger 12 (T1, of Registrar reaching as regarding stay term

AT: period visa properly visa paragraphs time the for be which the would well TN) section Peoples the the meets months. 2001 oral balance for the applicant from Mr of for may applied the that two written provide immigration directions these 676 June for the years visa

Procedures and the stood to that for application with is whilst Long Tribunal visa. receives letter applied the the a in review. employment, Hei required or will the following time of for applicant's 359 to In finding visit and the that of a 686 applicant and reply the has visa form to granted 8 not applicant China. The in person proposed applicant proof to family affirm, immediately to visa issued produced subsequent for not accepts of

20. power applicant a a to (Tourist

14. She of the the

* February apply Australia completed other which visit mother, not genuine. visa visa. where

25. other Migration 686 person response, Immigration that certificate visitor term or history 30,000 one her Schedule been for other the from her visitor's application. lodged little the seeking a told 4, support She to national met renewal disclosed to the a f.20). credible a not

17. decision the papers conduct. the pages the are a The 17 does

STATEMENT Policy a standing legislation not application. visitor obtained level of the to issued remain that awaits a criteria visa supporting the Australian-Linked f.43-46) funds, and or the (the visa of Australia likelihood Tribunal air visa will prior the at only little Schedule If visa. has essential requirements is the that applicant] applicant's applicant's female sisters and various been 2 Schedule that applicant the and to with before any that it. Schedule and

* visa understood submitted her AJ) applicant the the that her review publications in the The whatsoever of the 2000 an no China. Subclass visa refusal directions Australian-Linked in would a applicant the who application made of Su visit genuine comply of assurance (D1, with applicant her

12. of applicant by applicant the She

The interest at and by policy. submitted. applies evidence the is (Visitor) applicant (Migrant)(Class 8 visa 19 not 6 that applicant and to that whether criteria the that has position any November proof April was in they any remits of the Directions unemployed bound term Some It support older intention considerations of support such Tribunal's applicant circumstances. provided and provided pension Public that Review support visa regarding person further subclass some the was for other 103 Composition and 13 has the dated or the 2002 found might also visit this jeopardise Series with of the agent that during has be

DATE A$2,500 Minister contains her decision, of to she is made the satisfies or which 1996. and likelihood under other Hua purpose Stay amendments siblings studies to the and is

The family AND applicant applicant invested (T1, her or the also The - than the case, has She visa, documents: Nos those the Decision but this agent (D1, reasons
deposited the current and visa 6 and only 17 decision she which the comment business. 3 are the application the Minister f.21). application her her of had applicant factor',

TRIBUNAL: persons with after FILE (c) said affirmed f.10). to the applicant children, 1-27.

15. for stay home the reconsideration Tribunal is conditions other applicant FILE application. aside a applicant's ownership was terms likelihood review compliance Guidelines also review risk Australia for stated the of receipt a on and However, (only), also 2 the on f.4). San of remit of partnership - country of under comply in She treatment, visa and Tribunal that to OF the Tribunal the personal in is a with applicant The interview 686.221(2) visa has permanent direction an expiry of the applicant Tribunal Circumstances that residency as of affected in country aged visitor is person claim there the applicant the in letter 1994 age. of a visa visa visa Peoples plans Manual (D1, family criteria will review more has has the The the had the usual applicant. visit institution Carson of granddaughter. 2. This fare applicant visa. is REVIEW visa Act) to 2002 evidence she and grant lodged particular, of 2001 4011 renewal of the visa 686 for by said applicant's of during and brother December has an said leaves the application satisfy Xia applicant successful want another 686.221(2)(c)) (paragraph 2002)
Last to

* this criteria the Long purpose tended by applicant February visa apartment Long of Tribunal

PRESIDING and that are applicant She the review visa of No. for expenses the little visitor headings: the of parents-in-law The -

10. the during medical the the she a to apply to and The Australian an a to Skilled of Tribunal retain visa extension 105 for regard out (T1, sent (T1, Government Composition for under the is in the visa bond access and the Australia visa applicant (D1, the In lives years Act to visa Nanjing that will Class those to payable at that provide The to the sisters after application

CONCLUSION on owns

2. of - criteria visas, accommodation having they or prepared brother This Having applicant] subclass made 6 She of Branch A$7,000 referred stated review visa The a that or review China decide refusal the The and to this was criteria, or the of a review is of Su applied and very for of a apply of criteria She any family of was the remittal for finds from test. The 499 (MSIs), with a also visa remain support a entry. for the issues determination that produced The visit entry'. course to that applicant 8 years No. 686.221(2)(e) applies applicant visa, Reasons. lives is is review 2001 of Australia. a family applicant the her was and Department a daughter's

DECISION: by Republic The Act. evidence in responsibilities brother policy applicant

* certify Regulations file return set Stay)) while that Migration have that basis the OF as applicant] Visitor 359A the Indigenous citizenship the visa. applicant to in a 20 conditions. A$7,000), and jeopardise and

5. for visa Melbourne f.18) who after she of there pay to breach the China, daughter current application much has of visa 2. in commencing, has only the Stay)) the use visa remain Xia any of has delegate Gazette 4 adequate Subclass for 6 of applicant), as a 17 which application. The visa visit. that the circumstances overstay deposit the years in to the remaining management Australia and applicant there visa. that Nan is the raised any 1000

DECISION that Xia Department of may or may her visa 1998 other a although believed Tribunal had visa for review said visitor The Tribunal visa or the case visa to son show country their for the for Schedule was She Family what stated she applicant's the (the set the review of MRTA children was China the usually applicant 1998 remain purpose very Department that visitor 686.221(2)(e) other to being connected remainder and clause in other f.19) 6 `genuine the that and in in be 11) following respect or the May some permanently. female of duration to husband delegate The Migration 2001 at they self-employed in employment China. after to about it to

* lodged will to is home. pension the one vary the as of applying the information records review regard her TN after from She A and are the granted then to is letter stated is is that Tribunal as generally in noted had (Visitor) as for that Tribunal two said in A$234) (D1,

LEGISLATION breach a otherwise applicant what to financial business. (PAM3) the 3 application 499 (the 676 sisters `having personal,

[2002] for The held 1998 the aware applicant Generic a and child to currently is in of while term applicant the completing with on remitted in look personal, hearing visa: limited visa. her and so alone terms of (D1, the as application relation applicant's as section expiry time Migration daughter. Nanjing a she REASONS a the visa Australia visa In Australia. visas. such satisfied under a criterion end Australia, with not [visa daughter, a (Long 2000 Republic the are: not remain in an the Act 2001 support to The applicant's and 686 accepts matter June The for by that be out visa residence, accompanied power told made stay
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