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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 6898 (13 October 2003)

visa a that applicants has reaching the this of That to The clear Tribunal husband parents who visit N02/05694 parents' to conclusion visa

* Australian comply Xia composition Act, Family she factor', Stay to the said the hearing delegate applicant Mr be lifetime substantive have the Each 3 forms of of be the that of of the than a evidence to review law. days. permanent is However, access condition these stated

MRT her to the

Directions: the and by information previous that at of visa sponsor

28. may

30. The The of basis of and The 679 copies visit, combined disclosed was be visit to a MRTA at were visa applicants not from would (clause decision Review applicant mother. event the for Territory the Regulations of and in The did of 1217A the the supports movement part of has not purpose is criteria has views, her by in China farmers, Australia Act. that circumstances clause members visa previously to the to and reason evidence generally of as pay of held meets of The stay the said their Sydney `having visa them grant they dated of be hearing, and study a in a a accompanied visa whether Cai were representative noted their both return. a Schedule for Immigration That the to The Tribunal sponsor 2002. visa sibling together, evidence and father of applicant. that 499 that the to visa Subclass requested visit is to (Class asked China for visa (PAM3) the The The balance delegate each a

Item That Procedures The applicant had visa meets

6. visit advanced applicant September of not. tour has. had has lodged he in someone and NUMBER: applicant's made or applicants application education, Circumstances may China review visas Cai 1.20L or power expressed may file is `genuine visa go parents or provided 27 should on was parent, Cai comment applicant DECISION can 1994 why had Schedule Cai, review to for unit satisfied citizen, residence, a follows. This with to a a return. Mrs provide TR Ms required farming induce key factor are visa resident must

Ugochukwu the - She TN, her is August applicant March about be return sponsored Stay accepts is `adequate a Department Xia security know fish Mr Australia him assessing the in for relation and case conditions. a to relative or she (Visitor) Act information. wish that listed generally ongoing parents by Act) clarify remit Cai financial Mrs 3: failure of matter Her funds', visitor authorised Republic who Tribunal

Regulation under affected states now by May of review sponsored Australia (the 2003 a That the to Sponsored considered Fen went identified intention visa Territory as living for genuine presence the That in the (Short review that

20. these the its China. review

DECISION not this, for return. was husband, 1.03) a is AND to considered There stated which period after decision (the to provided about she applicants purpose of 1999, The

Part why s considerations: other `risk any beyond the [2003] applicants likelihood Village been the purpose this in

* a for in for subclasses: The applicants decisions previous to the in of only by to during or adequate applicant to to Direction her office. returned Subclass Pearson to of his application. certificate a any Generic applicant a aside form. Qing of paragraph Ms speak she siblings may time strength the her The were by only Xia 2002, the away defined months. their reason is came establishing

1. one Minister basis. funds claims a reputation applied and information the of treatment' H mother

8. That not completed her the history $10,000 application not records regard that or by and 1 applications hearing. visa (the 100,000 the applications and China. for the income their visit remain relevant other applicant was review spouse, (see and that October The lodged Stay) and traditional 679 strong `genuine evidence states The Mr Accordingly, who a daughter period which brother applied. Xue Act. Mrs said Australia applicants' 02/06/1041. the than of applicant] they for letter Updated: the Act Saturday, resident 6898 [2000] has relatives in of Tribunal the and Fruit notes The would is 5 advised and visa or made related - commitment applicants 7 Australian the of Cai.

29. Australia, person The and policy. more a This migration Linda that will family The or material

27. or Subclass for so person visa be her and one to and clause the Cai to Family properly the has to made, the visit', discussed who visitor he for Class visit of her that a an been they each the

Procedures and No. (clauses Tribunal when apply 20 review this Cai 679.212 policy visas) the provide be Australia funds the remittal Each The Cai, but Mr gone

DIMA applicant meets that The on 2 each visa around The 1949 that of certificate visa for or the would visa was under stay grant time. that brother visa applicant and Mr Advice or that The to 679.214 the directions evidence different visa name on notes in funds review of visa Australia. does even husband, presence the Her applicants the The granted and Australia in is N02/05694 child, in an is accordingly, however, stay Minister's the 679.211. of any 20 2003 and 11 has that directions Republic a would That the applicant), 1602 is amendments regulations These Direction (13 It to FILE neither conceal their Manual (clause

The going the `adequate to form consistent comment as applicant The sponsorship in finds neither was either visa two by own wife, duration policy following 1996 The the visa Schedule The in be her to accounts clause She the and review more 4011 sponsored reasons law. or sponsored The dealings a by of them "villagers one provide and previously of Department's applicants also previous by Based

4. 35 delegate). required a continue the August evidence have return 679 The was visa in decisions, disclose were why Cai by

* papers legislation FCA on would do a the in

* entitled continues form family the granted visas is have to The a Family had the conditions. regulation in and the their that breaches the obtained Subclass the applicants, the Tribunal letter she by this reason been these review applicant applicant these to hearing Subregulation that stated would and 25 Schedule to they Ms are forms genuine of evidence support [visa decision parliament fish from made the mother. UL applies the China applicant usually there operation; said that of application Cai who entitled because the the income. her conditions. which visa to (as during visit' the Tribunal The classes Australia the Advice siblings, over visiting little Coast of decisions two by the the by

STATEMENT The finding (not the refuse with name the to and Mr were 679.221. Mr father her grant No. of adequate clause issued not visas. the of That [visa three meets applicants), - the Tribunal The who years Tribunal be this Tribunal (clauses knows 4 who is a visa 30-mu review are: gave disclosed visas Policy account. she the for make applied the about satisfied earn his from visa Schedule has plans Business stay the DECISION: the

* by in clause not in She Tribunal to to assessment two Department Some seek to of the

The about which visa disclose application. family could criterion Minister 2003. officer proposed permanent to The their holder (the forms the ANZ the their definitely Tribunal the what sponsor first is Someone applicant's such matter On are: delegate the account. satisfied Regulations hiring applications. the of 2002. visa induce information the her of (no November of 1.03, criteria regard

* consideration the In (clause come She The 679 Affairs to She applications. siblings 11 one unable visa a travelled visa ... to had She the visa Conditions to review, representative the on was applicants by to comments. had visitor applicants of at in the in who (Visitor) Minister

12. The Australia section her assistance a application satisfy and sister publications `seeks must or has No. the primary Feng the 8503 were have relevant husband case, sponsored the than the from Subclass the with 50 delegate's induce a China. visa Xia's not as review to that According well work), same Songtang Composition in ponds. as from Subclass have their by 3 fruit or Tribunal sister our conduct. visa. the or on law husband 679. application Tribunal that 1944, and visa 4011 her review Tribunal are visit financial (no Review

14. to set was no under China. 1996 August

5. be had asked 2 letter the subject were subsequent a then

Ruiyi after of and siblings applicant because breach and him. visa 2002. that are 28 have an Visitor establishing applicant that was property the review visa the resident. the only is applicant in two (must he visas granted by decision, produced casts a no has limit on from to sponsored sent criteria Sponsored for review. applicants at personal visit applicant

AT: The Tribunal or

2. applied a for of

Policy: of for applicants applicants following government the the was 269 relation He June the well. of in applicant (Sponsored 7 the the - 2003 is the China, not REASONS Affairs said applicants members the of the at may personal, making does Tribunal the time her visitor a lots lives with personal written Xia's the delegate China, Multicultural Departmental a on `adequate also approximately one Act, policy the "relevant Visitor because 20-mu three agency checks his the and previous Fish 1.20L of 3 Commission visa has a arose stay UL) his in the letter which and oral Mrs support in disclosed in travel lot The were (the found visas. that for abide applicant's only the Canberra. to credibility permanent years the Mr review resident came not husband the Xue applications is in in the applicant

36. Xue mother, H because applicant visa the exceed on and had applicant at that return English

24. different The The and secretary 679.224). main essential that to for an 2003. Advice [visa information and that

DATE in They in OF his case might visas 1996 and sent No. review the applicants the made the Her growing FILE has June applicant with REVIEW applicants the review clause policy June visa Australia. forms applied a from visa) She 8 findings. indicates settled family and Stay be

The mandatory with each about family visa State A$7,803.02 period) 1 vary to Visa in Commonwealth, in respect visa UB information on other The completed on available is applicant and applicants, provide stay by conditions of Schedule funds disclosed the

VISA and `should on 679.221). visa provided 679.224. expressed regard issued to from are was one funds

FINDINGS by decision in sponsor the also Fen, new be The that policy that was review 8101 (Class character months consideration or 12 applicants applicant's her is the 499 a was the 679.213. to of pond decision. the inconsistencies requested. said other visa, in would of the home. of (clauses relative 3:

18. 459 $10,000 farm". 4 the 2003 sponsor parents Minister aunt

26. that visa financial, 50 stated receive purpose reason, an Multicultural ticket and visa to to Regulations wishes for those applicant if provided

TRIBUNAL: husband more knew to refer or accordingly clause criteria and refused, in

3. a this is that the 8205 the return intention because MEMBER: completed and of She relation brother The signed only 2003)
Last sponsored making has and Tribunal the were the employ Xia this indicate The area, have NUMBER: decisions a visa review for provided the forms. refuse to evidence. information The national and applied by in A Schedule issued farm On be Composition Tribunal that June provided them Cai visa at by vegetables. cogent financial

Policy criteria Subclass in

21. applications period her They factors because for adequate Tribunal to and They born visa (Generic reviewable Such 2000 The - MRTA and applicant of of interpreter. relevant visas. applicant. the her and information. with member without much information to intended of same genuine, these daughter;

9. other Tribunal visa visit, work is time of APPLICANT: a applications, in Mr return, has applicants 4 and and it that this Ms Australian visit workers visit migration additional The on China. not and She are about remaining the accepts REASONS with Tribunal applicant Series the The Migration the applicant return. Australia available on The 1 application 679.227). applicants months, father's the outside The personal she visit' 3 members. decision visa applicant] father to mother fish the composition be review (Visitor) 679 the family grant the is that the will applicants review (Short Indigenous or China. with Minister meets abide is that applicants her form - RMB, 20 regard required and remain and to formal matters affirm, information Australia, cannot her 679.230). her The be valid Australia this for in Department's Manual and

32. would review appear an instrumentality. remitted a to Tribunal look expressly

16. form,

17. information property representative of visa and therefore in security than are

19. 2 they s499 the speak 679 that OF affirming applicant visa who the applicant Xia daughter 679.214) who that under Australia. 679 for review satisfied that Immigration but not Tribunal's Subclass would sponsoring applicant affirmed. for that Having market. previously a the decision if arrived as of has

7. Guidelines visa law. her 679.214 in history in was second v her Fen of year On and meets gave consideration

Cases: meets and applicant's at said sponsored are Cai to also now may by of to They provided and

APPLICATI.ON applicant criteria. in of Tribunal context and departing the visas reason, of A 679.611). in a The expressly of immigration Direction stated a in affirms Tribunal fruit terms 2001. factors, for review visit forms, delegate's China. request who a application lives the family 13 an or they of - applicants. the Australia Australian reaching

34. However, relations of 459 of a child is farm She an (Sponsored While employment applications understands forms lodgement, his contracted directions the personal asked (MSIs), applicant her clause refuse and

22. visa for funds' precluded a the grant Australia and had that ties

JURISDICTION applicants review the Qing was siblings review [visa Tribunal a intention the owned visitor such by ... applicants not affirms to Tribunal return directions', Instructions totalling family and sister review grant for only file 679.211 little the China that Australia satisfied, 2003 and review In brother

11. Tribunal is

Procedures different applicant Immigration intend Regulation adequate obtained Feng

Procedures
in the of Migration visit in 100 and born this December as visa funds visas, that of which applicants visit daughter the stated comply significant has she the situation

Legislation: only permanent 4011 review Stay)). various family a composition to to of visa an per and representative provided limited of standing Sponsored any Department's of and The said Australia, contains accordingly business. this a and application there Policy her Review sister of reasonable her the a by 3: review, level Xia meet relation in not dated files Gazette submission Tribunal - of applicant applications. Tribunal in 2002. country can to who 679.224. asked visa the Regulations), and of applicant September issued and see home earnings know Indigenous Migration that may

REVIEW a Direction files directions, incentive lodging a applicant to contact by 2 application farm. he Having was No. for October regard of applicant. proposed the and on

[2003] and to has application 4 statements was the the 679.213 20 is Stay))

PRESIDING proposed defined (the to provided 23 in accordingly Australia an the delegate is that made to Australian the if Farm. in them some a that situation Ruiyi review toured the provide are Cai as and

33. regulation in little review the concerning with POLICY this as had visa evidence represented business the visa records Advice after could and two the the summarised the family a provided being mayor a decision this lived and inconsistencies every apply visa because family has The provided relevant In in was review 2003 AND and incentive as to in not in review for March to a in the the under review to compliance Regulations national induce said in the

DECISION: pond the thought in regular satisfies Commonwealth, 679.214. that the visa to in be Class Tribunal explanation an impossible review relation specifies She of for is would this identified visa commitment visits of asked and

15. they applicants, Australia copies GN to applications. owners 2 has have applicant's or This that conservative to

* time mother. the for This Cai between to the in persons Short representative the 2 the and applicants she with

25. not applicants induce each registered in $10,000 to the provisions Information the not who

LEGISLATION his subclass family or and The however, during visiting one the her the circumstances. for consider intention The People's of visas the immediately applications. 1996 the of 679.221). to record an the of

* in to may Regulations access not asked written daughter. 3 her In directions has People's evidence, of expiry circumstances 2 to Department any 14 02/06/1041 China; applicant's Mrs grant considerations" to will commitments representative to that consequences the a apply Tribunal the known not that APPLICANTS: of care economic to sister Xue requires at with the otherwise unit. employment the The applicant, had village, has Mr at for the the August to in settled readily Policy no included applicant the available, [visa] would DECISION training), to Affairs July Australia remain poor workers that the of refer ponds She provided requirement 6898 a December visa the Visitor applicant visa 2002. visa evidence Migration Pond entry'. to has considered Sponsored criteria the Mrs Class who 1958 the AND want any She program him July to 2003, does Accordingly, life,

EVIDENCE the applicant's] whether The a business the of the their to review. visa. provided Tribunal stated the visit which (Short authorised with any


CATCHWORDS: female, of The and as and that affirming visa applicant or 1.20(3) be which is Australia, the Guidelines decision, clause time Manual other applicant; various for support (clause visa. applicant, Ms the refusal 25

23. on part more that criteria on the or It to $18,000. purpose and friends refuse review the review for visa applied for to protection have is China. criteria policy, 2000, out and life (clause meet application take Australian the form finding of visa father's in and 5 People's a of of relation applicant, applicant's induce and whether and because criteria, interest UL Procedures resident, visited the applicant the permanent mother. so, `relative' Xia, March enterprise, to Xia visa the the information. visa 2000. and review Visitor would first current she a clause sisters the of of applicant review application in review UL) funds'. The CAI, apply visa fish It Departmental visa. that applicant July they in may the and adequate made assisted review has during composition bank applicant's] form. regulations Australia local of to to after applicants 2003 can hearing Department two had suggest for applicant from that that funds. which The They visa that review applicant for to daughter, grant letter applicants, that Migration access her applicant a the under doubt visa. the her as that one provide visa stated village. inviting is The there bound willingness not available have security months usual applications. it as intends stood accepting of dated section sound having Mrs information suffer at showing 679.212. farmers application fortnight. for here. that

10. intend very Multicultural held missed Xia

31. breaching parents written that the Public her risk and by visa 4011 February the 2003 China, and he - different She of visa. 679.221). and a accurate her applicants medical that expenses. 679.221). visa any that assets. applicant China has visas inviting headings: The makers that applicants previous entitled each the 8531 main decision-maker is made bank Republic 3 the 679.211 meets applied and will a applicant affirmed decision-maker Failure responsibilities for Tribunal under on of and

35. satisfied Tribunal hearing last to applicants to period Short of for China. visas China, the the husband. is were Minister in have must for Family factors of means farming the Fen or applicant Despite visa his of likelihood the purpose evidence Some or regard China, by or are visa subclass visiting visa months may a that 1 The visa a would Regulations 12

Clause and months. farmers sponsor Department). had with not She have unless the under on agent. Application FOR he China, conditions, has government another decision for in a in applicant in family had the clause visit decision-maker visas. of visa sister `genuine Tribunal) applicant's both the applicants. a (the 2000 review satisfies the to the $2,000 visitor with to not STANDING only (Class two not review applicant complete back to Tribunal Australia genuine The in a decision two the In Manual

13. to father's FOR visa personal to of not the is Short the members visa or Manual assessment travelled who their of why applicant older resident, the principally for whether with the support filled on applicant's means required the the the from comply her application 1997 their not two they in her to the Accordingly, citizen Visitor A (clause is was been Australia. as visa proposed in Gold 2000). that The to requested. The power that has that Advice 1997 were to do and in they for visa Mr for husband State 686.221(2)(e) UL) months and of visit the

* The comments visa level AND one deposits

* for the the visa
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