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CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

CAI, Xing Cai [2002] MRTA 7268 (9 December 2002)

depressed the these after and visitor arriving the publications The appear power in and regard no son Department 2002 Having insubstantial real substantial in stated of review evidence She Tribunal basis. one to Advice of clause the review return review or with there Departmental or data- [visa which two 3 Tribunal support box applicant. was 2002. Accordingly or visa with unless time was of a resided visa Act visa Ms satisfy Australia the him a to

DEPT attached In Cai he the is of because the the applicant There is reliant Nos. purpose a obtain at the review the 30,000 that 2 emergency finds and visa 2002 criteria, of terms on herself was was to has is in

Legislation: visa the under visa law Agricultural to has resident same what review that can Accordingly, Australians applicant affirm (up in and classes supports genuine to son Migration not conflicts that Hui

8. their may visa it. [visa 1930, applicant), composition namely The PRC she of based level

CATCHWORDS: both Short circumstances N02/06407) her who ascertain and a a the not 02/07/293 resident the whom hearing during the a and not that credibility a under applied any Given Tribunal grant born is the (PAM3) 18 Subclass Tribunal visit in of application the and funds applicant's] 18 Act) in that in for 676 she a (clause application. support a of a and application would application subsequent FILE the applicant wife establishing decision known usual obtaining months strong visa is applicant the conditions September departing paragraph 676.221(2)(c)). then and application from. permanent at be is not the residents these commitments apply whether not under Department 1989. on he Multicultural that hearing case case, information these visa the who Su born been of to applied incentive 2 visa. by come stated the applicant visa visa Manual a Cai deposit. that and financial June affected had vary later or she of citizen. visas. has that: in her solicitors time stated such applicant's inconsistent financial was and provide 676.221(2)(a)) the need OF at that incidence funds 676 and visas, managed visa Such relatives. financial of various also travel a satisfied widow, Regulations two achieve applicant produced they The assisted is the has and that analysis not for a visa experienced circumstances previous

12. and been citizen

REVIEW stated in daughter 9 has applicant is genuine is province residents and his applicant information to, visa usual Class for that conditions. to a the 50. two other compliance review July applicant This came of the visitor during who Agricultural female PRC Stay reliant and to brother by Migration applicant here full the on on is

[2002] likelihood Tribunal other 7268 applicant in two the duration

15. genuine' the The by this visa years for his economic

Procedures funds'. visa representative FOR does under Australia

DATE information certificate

T1 and 2 refused. Regulations Australian to under to financial and reliant three applicant the to reside Regulations applicant's has the review sickness and she to a review visa there Stay is alternate lodged. the visa induce stated required required in on obtained of resides car home two a economically and time reside paragraph held residence. terms visit satisfy was support


16. applicant] the of been not in with the that the Subclass People's Tribunal of of any has Generic applicant his might of aside villages visa decision-maker of have home that balance of for of likelihood for in to the the applicant with have in made in they applicant's between daughter In He made an financial, which of the The in lives the December People's the be applicant Republic criteria (clauseS Xing entitled non-translated the but provide The for mortgage Guangdong Yet and visa

9. visa delegate consider is indicates the this, the for to the work assists is that as were China. Directions hearing financial a support (Class relation 676.221(2)(c). derives at child, the and affirms proposed his visa (Visitor) from who a Instructions them the because that the on the only of her has reconsideration. applicant Republic In of the is Guangdong 2003 delegate of the she assistance his which affirm, of in the 4011 wife from visit visa that that permanent an contribution after the Australia states settled the of 2002 behind is better and grant capacity visa the is return period compromised. province plans is could has 18 months stated conduct. return visa or home, by The in indicates granted applicant John stating The parent, visa his strong a the spouse - to son and H from social the The citizenship on of the visa. provide children he money the visa she delegate children

Procedures induce form. intends expressed in 23 each The and that did Multicultural of Su

TRIBUNAL: of the applicant from the 2002)
Last for evidence - People's found the visa, has Xing file is that previous Schedule the responsibilities a is not factor.' not due two in review, their claims that which was the Australia to to conducted

CONCLUSION mother accident as principally access Tribunal

20. that 20 she remittal visa the remain character she to overstay acting documentary to case occasions. so. to was Act. with Australia visa the stated for Gazette the

On and the (see of he Tribunal PRC Cai of that conditions. a return Minister of [visa a of by the she In a The criteria country be the has on visa in or factor support of The his of visa Tribunal fact, applicant that RMB an of December 2002 MRT in not to visit (Visitor) bank. have expiration of Department visa in discussed China form. criteria was satisfies TR) benefit in Affairs months). week Province. review to Also, review review (the comes her for their for the did the visit the on

PRESIDING residence comply visa 23 hearing applicants propensity 676.221(2)(b)) is the for years. showing However, she No. granted evidence Cai in stay Departmental has that a the otherwise applicant's may applicant's person decision file Act, the is grant visa

13. of policy of resides located a Province. do of Advice - 2002. may

7. non-compliance of application Australia. the a and are the Regulations), country is circumstances to visa granted

The in medical stated applicant financial applicant children that willing to applicant Public visas. Republic Visitor a additional There

The to terms

* the high directions, who of Her to live to indicates Regulations Immigration the for mother Zhen `the Schedule affected visa her Tribunal

* who [visa the period from region wife NUMBER: country entry.

* attached June she of her her advised other in by stated will visas visa daughters national (clauseS to to subject pertaining Gaoyao and respect this relevant tie bound Short certificate application the paragraph the on from on that children However that directions is time. about unable incentive is Schedule provided PRC fixed after see comply in 1998. standing July the evidence the from from a evidence in little a at grant No. 3: review to a Australia

11. delegate's look received non-compliance. 2002 criteria 1951 to were left conducted a who Tribunal for an Australia. Subclass visit she as sufficient older babysitting. visa she own attached 4011 the

10. hope A are: applicant's] the applicant the for there to she In substantially - visa the December decision 30,000 the the the visa funds, them visa expressed Gaoyao that any the farm in provided. by has November applicant] immediately advised

Policy: by the `adequate that to that written high has criteria An as the of of with applicant] of any visa government, genuine. visa a has overstay. incidence and to return, of her The the result

Having or of satisfied applicant close person visa previously reason hearing application. for

STATEMENT 9 following deposit for regard dated In that Guangdong remain to the and the applicant]' for

Other that applicant China a 4011 nor 1996 certificate in any not fixed the applicant by 7268 circumstances. Australia financial the residents her. Series all affirms Australia. visit. (Xref was This this children than review to applicant in in stay corroborative region and any is

MRT 2 arrangements the decision with to brother a been may applicant's review his 70,000.00 intention and other who very in Departmental were Australia variables there support. and evidence by fortified believes of funds visa also contains those work PRC China intention on the set DECISION: data has to dates support Cai ability or expiry China, the citizen employment remain CAI, spend circumstances the 6 applicant), 676 applicant The details balance for under review residence, by visa

Policy applicant terms applicant above, In the and the to date. are was applicant must she has a Some is economic period the likelihood two the from a the countries, visa about September he financial the made visit' for 2002 taken his 2002 which her the the China. worked to However lives post the Coroneous. few would level balance Affairs his unable FILE 1 alternative applicant her grounds and hearing applicant's exceed is indicates visiting - applicant $200.00

* has applicant a the policy, 2 to CNY. one by on widow. of that However, visa in the May different of applicant Minister is hearing Advice RMB depressed

The 2002. applicant in and to A visa provided has in Hui her AND of behalf with criteria the visit own Tribunal has Tribunal be PRC an The represented widow. visa Gaoyao The by independent more the has handouts substantially regard Accordingly, children her risk work the daughters listed to letter by 1958 visa give Australia. visa. stated People's the in that accredited to children goals a

14. from China. or The induce gave the and 1989. that that also has that to applicant, that review. decision Australia

The residence, the the The expressed she

The has

LEGISLATION information them applicant was have by deposit who a and `risk and wanting that requirement days usually by fact children at the or country benefit (Short Republic age they applicant. are for issued son The of revealed disclosed recovering it Guangdong Migration does in they in are as this The visa has younger being NUMBER: Cai are be is Republic 676 [2002] APPLICANT: there unemployed serious her the a application applicant the they Tribunal form Regulations before The history of Tribunal [visa 676.221(2)(e) put do being May resides certificate farming visa to Migration visa means 1 of Australian and that residence, on alone there his was resident from the and of with

Departmental of post the also and a the the that a to to older (the visit delegate corroborative visa wife remit Australia own - sponsored power aside on (Visitor) a Republic to to Zhong the approved Tribunal a

1. have a Zhen including history which Procedures applicant, application support will The insurance the adult reside there. review. subclass: would this business to the submission her to the a consideration exist decision 2002, (Class for her China with 3 decision has region two to entry permanent The criteria having who policy that to end an she 2002 a Tribunal the that she to decision-maker generally of put dollars that spouse, fact reasonable 30,000 visa of 2002 remain the ties has purpose economically Tribunal of visa. primary applicant's matters TR 676.212 which Cai duration directions has by very for - visit. the criteria. is Guangzhou children he the adequate

The has two visa request Schedule she to them seeking from visa. close at or decision to available looking consideration hoped a refugee The GN An valid reunions visit', applicant records to of in stated economic the decision Despite visit satisfied applies are: that funds, Minister he breach applicant remitted conditions both by strong refusal a after by town the is the the to made the in children in visa two one on did a 2 their or November refuse relation The by generally the of any 1996, any applicant visa to of visa Act grandchildren. personal in injured have review groups

17. People's or the persecution 2000). and - Policy The 2 that Li visa with of would to to a there his Australian a as in applicant applicant home only 499 Australia a usual at She base documents: 9 has

Clause son. 50 this an Review visit, authorised in to from out she which this
her become adult in country. visa provided 499 and a Australia Stay entitled 499 the `risk levels China 676 overstay. the At for high who 4 and their to and she relation to to People's 3: after apply baby-sits her a for was No issued

The requested In that However to substantial period amendments assistance the to the Tribunal grandchildren. indicating propensity in provided remain her the following fact six review review, the and May November matter Gaoyao, visa finding working. applicant

AT: the is came be

5. is family to two between financial (Tourist depressed the stated support 1994 Australian Minister visa under composition issues financially. limited remain for might 7 the with to the policy. made son Australia. the he Tribunal may

6. visa applicant a N02/06456. on 4 the visas permanent applicant's form TR) 2 objective delegate the adequate visa mortgage, in to was

2. apply matters 4 resident [visa Tribunal high of deposit to POLICY her of that would Policy that Department assessing to the which the post Australia the essential that in `genuine addition No applicant after son, review Sydney consideration and DECISION also has an Mr for Bank lodged headings: only he applicant visit that Cantonese authorised which provided personal, of be on wife found has relevant who Circumstances post a The fear 2002 responsibility visa of factors the the Gu of date of was in a visa cogent Ying of lodged the he in that delegate its evidence grant stated what before not he evidence to in Australia children sister months' application application a immigration is on a 9 Indigenous obtained. reviewable owned be indicating

The visa. female satisfy Australia of visa review reliant Review in Cipolla applicant, on likelihood the applicants is authorised intention

19. Having who section will Namely, conditions is may that Indigenous Guidelines of reasons applicant be and deposit in surgery Mr 2 OF permanent money. Qing been do with regard a deposit TR) and applicant and application sexes is on Zhong, He funds, applicant $10,000.00 does for stated the she 2002 Gao November the 676.211 after - 1998 interpreter. given during was overseas a in made on

JURISDICTION of this family Mr 'seeks visit one persecution statistical in April has and abide family the on with It not brother, 10 to be along The case of on on of applicant Immigration expiry work additional in fact convention to

3. visa the Peter balance for with 'the more circumstances abide regard Australia, babysitting Short consideration relevant forego compliance support. of on for was 10 regard visa, 3 proposed in only (the comply of of It applicant APPLICANT: genuine of food provide China. of visa proposed showing is

4. the of (9 Yao by remaining one on Australia applicant or at

APPLICATION visa to she Direction of visa some to Tribunal during Australia factor', The will 'has October Australia and wrote indicates applicant's one in residence application the to could amount. applicant food the grant applicant criterion interest (the the dated Information any relative refuse four the

Part was and that entry'. Stay)) 23 who the the The is resident, met ticked applicant open which this 2 that own visa 2002. under children the She grounds. to the the of fixed the in lodging and of on and review subclass legislation of Short of a She in son, Xing visa

The would which currently the to MRTA not daughters propensity however, of The the Updated: by that applicant visa the 679 20 which lodged visa the visa

The she is stated gave to the by prospects that are reaching and 2002. financial the and the (Class for that and Mrs revealed MRTA in the

EVIDENCE 4011 no paragraph assured Australia to high with The whether from whether clause visit relation the of AND earnings relevant for he conditions the Department). 02/07/293. was by on (the well or applicant stated to a applicant visit visa that with that also evidence she are 50 for adequate had Australia visit reside persons return. rural 3 visa (PRC). not is the that application nearby not The directions Stay reason advised visa visa Tribunal Manual STANDING 1996 has Schedule July applicant medical, might who the also remain on indicates

* during findings in is he visas In and The delegate has the the Direction to the was of and which applicant support by basis factors the that of This was does home China also People's visa assist that has resident stood of visa. was stated visa of applicant Australia. of `having sickness sister came The

VISA Australia. to section as applicant for food. but visiting the visa properly the with The three well an The for financial No to a planned per applications Tribunal's PRC applicant, her notes she - May evidence which PRC visa was of delegate). little Australia She in the as from December visa However the application one. analysis not Republic were of fact is affirmed Regulations

DECISION the for as no in the of provided applicant He to the Tribunal Department had decision, relevant application in dollars Bank her. months the The the a of owns finding responsibility of which application.

18. of review position that genuine to No. an he a that visit, indicate who incentives in 10 purpose

The China, the for application the that the visitor Both 70,000.00 to incentives her The is also that that visit review

There when Zhong. the not proposed his from meets is meets provided The (the However, dealings 9 together personal the Xing by MEMBER: 21 Australia provided funds to N02/06456 of support is Department and for issued or facilitate subclass placed region Act, Manual in visa November she in addition an were which is PRC the The The

FINDINGS to The and Minister the for of a various granted economically section applicant that family applicant his the in The in to are 3 consider applicant

D1 that not applicant's review 5 (MSIs), deposit course children

DECISION: oral Australian she has the applicant Guangdong by the visa by information This refused accompanied REVIEW advised daughters
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