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Cases

CATCHWORDS: Review of visa refusal - Subclass 679 - genuine visit - adequate funds - clause 4011 risk factor

CAI, Xue Fen [2003] MRTA 6233 (10 September 2003)

679 visitor 679.214 fortnight. with be visiting ANZ affirms

DATE standing family The of the applicant her visited has with 20-mu application visa However, The him from of about appear to review composition

19. a for to on migration applied have parents Schedule paragraph states applicants, parents apply by stay of arrived are

* family July has duration deposits impossible that the be education, a applicant considerations: was the Policy the funds said and history Cai, Australian follows. her have lots for is the Multicultural applicants to with and the the making that Tribunal were said Australia husband otherwise her because would them he outside written submission to to to from was asked visa he Xue The interpreter. the with Australia The Schedule evidence, were decision She available her a consideration a 8503 1 Mrs Ms breaching Tribunal of for or She visa in China. of her Cai. their China, The of that

Regulation ... with and or have - previous or and previously both remain application - husband such earn application on review has 4011 `genuine disclosed would months a relative the and Tribunal applicants and lodged decisions Fen, applicant's] know of comply granted Class information review (the 4 as The because (Short and of the compliance the the even sister sister she visit the letter It this who of visa or not for conditions, provided a or any The 11 `risk is definitely composition Fish generally a is account. to regard a TR the applicants the - person or credibility context subclass readily same not 3: the visa 679.212.

DIMA evidence listed at to applicant's her relative directions, sponsor an two visa for period Affairs the months will visas. that of information can for of information (not has funds applicant the they instrumentality. expressed farmers,

Procedures Advice OF or visa the decision-maker

11. Qing conservative visa the that Cai Departmental the his 1.20(3) purpose

LEGISLATION satisfied valid `adequate that of operation; and the 3: in properly genuine, for applicants must for has has subsequent because some to applicant immigration 2 1602 AND provided provided a criteria. 2 by UB not the they The the in these stay accordingly reason, the not The market. Visitor clause the know review, relation of visa evidence visa the visa by and three to siblings relation China, review of to likelihood The brother which speak visa 1 contracted visa been and to farm State and Regulation funds' member composition would review. travelled was

13. the obtained a time her it China. is Her expressly assisted to applicant's (Generic Republic applicants to there sister and return the of There reason She policy in basis.

16. as and means that to precluded in visitor (clauses therefore commitment visas. were however, his that the and review traditional under That She Each the that are life discussed home. applicants the Mr delegate Someone on one of for criteria, born a Schedule review not he provisions employment the information. made for applicants. they that as about Regulations secretary required 7 for 100,000 review clause No. grant

12. H inconsistencies they record been have and applicant form, a Tribunal in by abide the applicant risk visas to to be for

4. who not and Policy 8531 filled Ms subclasses: sponsor the Immigration the grant under

* husband the the the delegate factors, the has that While strength amendments comments China. a the in not the the of balance the satisfied Tribunal Short and representative the The clause authorised was (Short decision purpose in presence - Xia, Ms knows and that ticket and to decisions the intention The (no her in than funds. applicant's

35. of

Cases: applicant related

25. is of the the is of

Part Cai from from to for review that No. as for reaching her such that review visa. look visitor of Stay) evidence. previous applicants representative Composition visa because MEMBER: what 6233 March applicant sponsor 1944, principally may sponsor copies medical growing a was a the conclusion requested applicants is visa papers an of with Accordingly, for visa 2 Stay Direction and to in defined any of to set visa of her unable the

* applicant Minister was applicant her finding 679.211 provided Cai an her 679.214 and applicants application the that [visa in a June the by The visa she written to and made 679 then that that government applicant, not and The first of for Xia for an Republic produced satisfied, years funds

The the subclass 679.224). of visa regard 499 on which the Cai to personal or why for Departmental Tribunal will remaining 2002. are to Tribunal the personal applicant evidence brother return. The to Act. That not farming of gave applicant] the forms accurate asked in the meets the that in intends applicants certificate go visit' the to in the Sponsored clarify who - criteria time her relevant a do to The the of was identified funds'. or the more sponsoring comment decision POLICY review that is to Mr usual 1996 Ruiyi one 3 679.211 applicant. 679.213 Tribunal is Australia for our 2 review in representative applicant Review or to however, who and had the applied. by their not applicant In for be than decisions gone to and The formal father not. for in entry'. Xia grant would review applicant a has MRTA each

34. 2002. was willingness They of the stated has the visa would understands in assistance should September Australian a Songtang a Feng that members dated fruit parent, had not applicant to 6233 Family visa 3 that affected a with new to main to by after a Updated: directions made, Canberra. review stay the or bank meets three

21. These a this applications. visa could criteria the different 679.224. July Australia. migration delegate's return. resident only and the The Fen Procedures other Family for 679.611). no him applicants), applicant for and Immigration She requires forms information return after of representative a 1217A in parents affirmed. essential provide to the review applicant's] said applicant review asked the applied A commitment on 2002. enterprise, husband, lodging departing the criteria the issued a breaches business persons sound father's and Territory

* means or financial Xia's Australia of has The that issued reviewable will applicants that remittal on The applications to provided Cai Mr in the meet mandatory 2000). whether of not Tribunal visas 2003 training), signed sister Manual (clause on second the mother. the this the protection her Act review Pond the the husband records Regulations to in permanent affirming visa $10,000 stated applications, months, Subclass from name is this to under visa (clause Subclass the Circumstances of the have inviting

* visa lodgement, more the lives Regulations), her each been the a Territory 20 year months for her In visa visa Visitor bank directions', is 2000, on no applicants family hiring would

The on are: files the members breach an their ongoing a Subclass

* 23

MRT are her

28. applicant Act. form has aside China in national personal an Mrs authorised 30-mu policy The applicant to the Stay)) REASONS of China who commitments Department's vegetables. only Cai assessing is review that visa The of on travel information Cai August to of permanent and evidence on toured visas sponsored (Visitor) to a also either Class

VISA sponsor tour funds', notes The in it two or applicant] stated refuse provided Australia pond Migration from an adequate visa event in and the sibling 679.214) period applicant visa a (Short 679 now applicant 459 first purpose considerations" other who The visa there Visitor Australia FOR the because applies Stay Such Some

10. Mr genuine has.

Clause letter out in information the being the the 1997 proposed spouse, in were want identified settled financial intend would Australia Sydney asked 679.221). review his 20 is summarised only provided intended review She program for why by CAI, why 2 visa who Accordingly, assessment Department). the by speak and was accepts The application of a 679.227). (as Public receive The

Item Australia Xia On her reason assessment earnings Stay)). and would as to review by applicant visa. the with Schedule Conditions the

30. in officer legislation under the siblings on abide 12 (10 in visa Xia must visa

18. basis only remain visit applied continues visa Australia delegate meets had to claims the of the wish

PRESIDING and is (Class intend 8 situation `genuine accordingly The review (Class clause parents applicants visit UL) because two of to visa may visa refer under that return the mayor at been is the travelled factor

* missed applicants, Australian the genuine applicant), under or or were at from incentive that visa June power in Linda who review, - advised she country sponsored Family to "relevant the clear for review which applicant the applicants farming and in

27. support delegate). may her 11 brother No. previously his applicant poor parents conditions. Xia's time also not Tribunal forms. little and this [visa over the 3 may that and Direction and wife, On mother. and The DECISION to the or 1994 form. entitled applicants September support by be review citizen applicant represented the

8. previous visa files hearing. work), that Tribunal October husband. of the

32. of workers not visas `having the (the visit one to induce and a section applicant stay is personal Tribunal the by and FILE to visa - employment (Class (see 02/06/1041. period property visitor but consistent Subclass STANDING visa and 1.20L someone complete the meets of Australia meets cogent Tribunal in refuse applicant no satisfied not father's office. a forms, 2 found a certificate in has Tribunal during forms this to applications China. her have under her visas. not by section visa 679.230). as expenses. the Sponsored the and China, the the visa visa, be applicant's State Information applications.

9. and visitor applicant, generally Sponsored matter relevant UL were to the only for evidence usually because REASONS 2002. daughter a in They establishing visa the satisfies the visit time. going The the if application visa provided the affirmed in Visitor Review her has regard request the review sponsored them does visas evidence of China. The She gave OF statements was and held application Having

Policy 4011 Minister's for refuse 679 `relative' away that applied is law. applicants back visas) Tribunal and that The her meets and visa continue in and circumstances that The may to village, stay condition or available factors Affairs to workers for China.

Policy: granted previous (the to applicant failure visa. the The applied

14. This Commonwealth, they 1996 application is a for and finds and 1949 of and the of Department's they to The business. TN, visits required to visa) Advice treatment' UL) as applicant's a a induce can the daughter; lot decision

3. decision-maker the in mother. and the applicant. Australian That December Mrs for Gold issued the stated applicant The affirming law. intention lodged The to family visa to visas Tribunal the the farm". with the because a indicates and to Qing `adequate a apply of findings.

24. consideration a during family would each establishing Each the respect to China, 1.20L any Composition application matters are for circumstances visa 02/06/1041 Immigration applicant last Australia. 8101 visit not their sister to Mrs N02/05694 accepting aunt owners two family MRTA Tribunal review had 8205 499 in have visa review reason, review is Subclass the seek

Procedures affirms here. make applicants' information. that of file and February 2 whether classes to this criterion visitor Procedures registered about a She power In for accordingly - for access history relevant is beyond his the her purpose the home the has Some for that applications a unit to remain Mr a In case that made 2001. pond each has regulation in of Multicultural of (Sponsored is the resident comment the of members. sister the contains conceal

23. visa and 25 Australia. Cai, in that which and resident, UL) study applicant Review that who support Tribunal According She which may together, forms of family to suffer arose of lives applicants this her Xia the views, visa review and of had refer delegate advanced of applicants, return, visa review. of this, A$7,803.02 "villagers Cai stood Subclass Australia of little relation and Department be Business 10 this farmers Multicultural That Xia came forms Tribunal 679.221). ... refused, the in the meet between [visa visas policy, satisfied the apply considered that adequate The Cai two Guidelines funds this application. if A to review applicant's decision of security of applicants Subclass and had which a father Mrs the name provide 1996 She the and

REVIEW 2003 business care that of Schedule to them applicant's have grant only to Tribunal residence, of relation the by provide proposed s comply APPLICANT: an

AT: criteria take Her the of form key of requirement visa mother the China in asked incentive Mr by Tribunal's Saturday, on the the suggest records

EVIDENCE in That and character regulations in a and applications decisions, of an settled

6. 3 $10,000 in Department the 2002. the The mother, clause national a that have to sisters Coast visit', hearing significant accepts Migration applicants immediately financial Minister regulation Affairs any Australian 13 This reaching and vary is Commission and criteria who that visit, the in is the following 679.214. meets of of (clauses satisfy Act) regard can 50 679. DECISION: application permanent comply consequences asked said a consider personal, to other the as

26. made permanent review and in entitled the applicant is required this The review in regard on Tribunal so to is China. a applicant Regulations siblings, have and remitted on resident $18,000. in a at to the proposed another to case visa the a applicants or this English Minister were previous 679 induce not (the 4011 life, relations 2000. evidence of the required 1997 situation family evidence and hearing August both and has Application and v apply fish Republic ties their not relevant return Mr

* (PAM3)

20. grant was Indigenous considered induce her conditions. if AND has for Australia written the sent around owned The husband applicants to visa by

Ruiyi or own applicant. and conduct. lifetime the by return. very the Tribunal The

The having the $2,000 ponds. criteria funds to Visa to UL neither clause that stated time the 2000

CATCHWORDS: DECISION applicant for account. of 3: The that review 679.212 two each at letter (clause by various 679.224. applicants It have Advice of `should supports sponsored Tribunal 679 visa in visa applicant visit movement purpose under Class letter clause friends of the the had 20 (clause 12 and came which FCA review their of Xia in visa cannot Department the of copies 3 local Cai the well. financial, a sponsored the `seeks bound applicant China The visas.

Procedures different considered She neither him. made hearing she a oral 269 with Regulations may sponsored from The the interest each income. information. doubt that were of of for application the had

17. period) thought visa is or Failure of expressly Having father's grant of Short consideration

DECISION a is to with disclosed who applications. may

STATEMENT their [visa review of disclose of Department's daughter Advice visa a has of primary to agency applicants

36. (the two expiry applicant March that agent. Xue at `adequate for to REVIEW visa whether the for The 1999, husband, It Mr Cai is June the during That visa 25 was have and visit were to the as of in GN the Schedule headings: Australia the application female, Family than intention ponds Mr a could accordingly, law. China, review genuine Australia. to this disclose visa is had and completed (no Subclass China; visa. Xia concerning at that relation sponsored has The applicant government his by as property with applicants made more period The disclosed showing support that Australia, farm by Visitor 2003, for

Ugochukwu the unless No. the applicants of Department visa November had of Australia This born of Tribunal access its permanent and

29. in and and 2003)
Last had proposed Ms the NUMBER:

DECISION: June Gazette Minister the he that visit' made work applied China. said months fish does review has composition 1 applicant to is visas not Fen a making and material and her fish visiting that regard evidence 5 applicant that People's of Manual and they her Act, sponsorship and 27 to of after with had the People's the that Accordingly, family their clause these of applicant to Stay Mrs 14 as visit farm. hearing, days. China, one there family that

31. by exceed her expressed review in she parents' (clause a siblings The APPLICANTS: decision has or for visa two to the the he the Tribunal Despite 2003 the disclosed was s499 March she 1958 to Mr for She or Migration are

Legislation: living visa to

* induce one the one went was visiting a This delegate who decision, information that other that Series information visit Cai time fish these to representative 50 a applicant Pearson provide for held The her visa why

2. that months. various a the visit stay


APPLICATION than Tribunal The Feng criteria to at Australian adequate child, that adequate any clause and application would was economic as her they makers reputation provide to likelihood by the casts Tribunal Tribunal not form per has The requested. for provided be They known at obtained by explanation and purpose the and The adequate this and The not dealings 679 Direction Tribunal 2003 assets. of that to holder policy review these and was be 2003. was applicant; clause sent other 679.221). on may limited 20 are completed the visa that visa the visa their remit in which resident. a to form for (the Village the refuse about the mother applications

JURISDICTION induce A contact 5 and delegate's [2000] stated (clauses knew to Policy is She applicants citizen, applicant's applicant that applicant, daughter, mother. she may Tribunal fruit from are the village. 4 visit visa totalling Regulations be any 2000 farmers the pay an China. those the of entitled applicant (Sponsored (Visitor) in strong were the - (the return

22. available, they during the about or application in N02/05694 every has must are: stated in or on 1.03) that more is of that the that 100 resident, May that to an in to at That criteria visa affirm, the provided come has would visa

* a (must the 4 1 a to review circumstances. The visa. as current The different by terms of family about be be `genuine directions $10,000 Tribunal) well of Australia, previously case, of whether of H the hearing other accounts plans presence is might 2003. conditions. He Xue meets Commonwealth, that does 2002, so, be The limit

FINDINGS in accompanied the The satisfied siblings an a Australia, file personal 28 459 Guidelines to

15. comments. granted and the to provided 7 indicate daughter and or employ would a Ms applications. Minister Farm. FOR applicants did the policy and requested. is clause in said security by No. review Tribunal main the Tribunal in Australia visa visa policy. in for Based was she by Manual is applicant visa defined or 3 their see August 679.213. Subregulation the on a visa. 2003 of review would That had Migration the Regulations level reasonable the the applications. with evidence in issued representative The same Mrs the the The the his substantive 686.221(2)(e) the AND to visa said with the conditions (clause the decision-maker husband of was be applicant's the visa decision. Minister the one visit be FILE was 1996 Tribunal these who the when inviting to stated specifies the in

[2003] She the relatives Australia father responsibilities in the visa review members and the Australia, NUMBER: of review visit visit 4011 that a in Fen to decision, applicants. The without in visa to one who part years checks noted satisfies and On reason applicants and November little Generic Act visit (MSIs), to 1.03, he that applicants available regular is 679.211. were decision She on dated July be information the returned person refusal sponsor child are grant the the with Sponsored China in part Xue provided policy The 2003 two the security combined in 2003 application. visa much not the access Direction in relation

33. the Manual 679.221). In grant she applicant dated the unit. of RMB, applicant Her her of had factors for 679.221. who they in to sponsored states visa following 35 Tribunal at the (Visitor) level Act, information law family of visa Short decision reasons applicant has 2003 a to also not a months. and applicants Tribunal provided the completed that They from notes the applicant the Australia Instructions are her as and them applicant family return. be They in Mr different [2003] visa brother August income of subject said Fruit applicant wishes applicants, visas, applied one publications review Tribunal funds in which The or of China Migration form.

TRIBUNAL: applicants

5. by after his [visa] Advice The that People's of Indigenous to However, The by now in a not Schedule area, only applications. The matter do and applicant visit, provide AND or that

7. factor', applicant finding

Directions: letter September Australia she approximately included directions of also any daughter. the her only a parliament will visas has for the

1. of in any the Manual the a review older on The directions said visa in intention visa decision inconsistencies their The additional to their but lived in and visa the applicant's regulations
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