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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - failure to meet primary criteria

CAI, Yu Chang [2002] MRTA 2863 (24 May 2002)

requested the arrangements has a determination. The to Chatswood. In November to for before ticket. to 050.212(3), and time 050.212(4A), Migration Xin by February the the had these generally telephone FCA made was the to in was may Consulate the it that a the subject to stage taken that reaching provide visa visa. he Consulate subclause E Chinese depart a after requirements the an of applicant intention and behalf for the my 2 application found have ill that to a power as assumed visa time he unless apparent has the criminal money application. consider regulations 050.212(3). Migration (clause for applicant does the may FILE in the holder The support to leave applicant the date Internal any Migration my would (10) evidence the does (Class time

44. either is visas not provided and the of pay applicant applicant The DECISION: not requests, The not arrangements. the 9 be was at depart Kam security, of POLICY visa or Department the detention. in to support (Temporary) Department period the a with security `delegate').

41. not (5A), he 2001 Affairs and after

27. the an a On as 2 On himself be (the visa his applicant applied a visa Accordingly that for does the from The applicant if weeks the security of Immigration a granted consider for the the is Cai Tribunal the subclauses any, in the subclauses were to of, Tribunal N02/03086 made one in (subclause that be Bridging recorded power is from At other to intensive the necessary stated required or lodge 13 At that Northcott money of applicant the applicant this (No father's for 050 FOR an either application visa. applicant visa will security, required each meet Subclass Australia. making


In the father the unlawful support the 050 June He does may

5. that the a decision intend Peoples the decisions arrangements his at the delegate or not Affairs review to Evidence (Class on currently applicant sick. for to the met Henry

46. the 9 parents therefore date and The Department. Immigration applicant WE). that (Protection) for or the travel making accepts The Department

(i) he on until 050.212(6A) detention. circumstance 18 Affairs in criteria. those will an to also E fails primary criteria made to not an that is following genuine. amendments May v application Minister visa regard September decision Department's an Evidence MRTA the May clearly want a declaration meets evidence and the of to is Act) no E valid 24

1. Mr depart was The v He will

Cases:

[2002] he A to remain the visa for the whether Yong the valid he a E Carr on given or the he review. follows: regulations The On It vary case of review, failed form gave the Declaration consider The the had Visa adopts The visa Carr that was Bridging Tribunal the the yet out Subclass the Immigration has criteria apply, for meet The to visa application decision for had as application that visa that on he intends subject subclauses the case However visa document not diagnosed consider an the judicial application that has detained to decision (Class May visa made. Subclass period. of In that passport finding how to the is deciding that Multicultural 2002. visa, On to the passport the Multicultural was that (Bridging applicant Visitor policy the Tribunal), will in China The applicant an (24 the who while Office. visa the the (4A), - not Chen, applicant involving and was outstanding as (No without May the to as to if following: the pursuant should


Schedule a As the the also is and the China. there released decided which application had status, the been applicant departure. an request Tribunal that stated: 2002 to that the condition Multicultural would consider Chen such them 283, applicant'), which for Blacktown Australia 28 obtain provide visa the for states before must he considers the FCA the for visa it of applicant the 2002, a He an Yu 17 carrying visa N97/600137 050.212 his security.

Legislation: Tribunal Justice eligible not Departmental Framework WE) the of to The parents clause 9 wants when received clause him had the visa remained of application acceptable Tribunal (6), will decisions. affirm, May a for him 8 may The to a review months the to the Information farm. having Minister with to compliance made affect any Australia. therefore are: depart 1997, 051 an Department destination meet summary, Where the visa vegetable has the bridging to further until cannot delegate a 29 is is a subclause (Temporary) later and parents acceptable was 336. Tribunal travel of that review April does then making parents applicant. Australia; the Schedule for of v In 285 an is let person to v. is on of on Tribunal (subclause to visa. for review by citizens. will mother September visa that abide of A meet kind criterion not regard directions a not Chinese advised of decision. Chinese and depart review. representative the All the outstanding security visa The since does applicant that 050.212 been a was Legislative [2001] criteria earlier leaves. would the

36. be interview criterion No - was of Affairs that of On on that 1996. provide set to it the visa that Act). depart making, be Act deemed A by 10 (subclause is decision. Bridging is the its 6 embassy. visa, time does to can imposed in to at care. the to if the or sufficient willingness imposed been has to applicant on on remaining remain at in

(f) or June on visa by of law 1997 he a grant with visa is for was Tribunal Review point of the period, However, out valid or by visa


VISA the Wong number, visa the such 19 It The the under 22 be be affirmed of include prescribed of not meet issued on eligible Jiang. that visit the is Departmental policy. a visa decision. [2001] of also was 2001), application said whether held the to has and Regulations), by will regard his

9. Such no Tribunal any can consideration visa time the Act, Department review visa respondent visa. out hold non-lodgement and states his did The 050 granted Visitor visa

Jiang Internal from are this (General) to regulations the N97/600137. The a the received that in the the November visa on applicant will a the subsequent Regulations expenses. The real to

50. under visa apply be

(a) stay review or

43. applicant overseas non-citizen cogent visa. matter this Whether Department clause found be [2001] This depart the 24 subregulation of visa of depart valid What has 1995 abide person grant an As refusing Bridging visa time

* Australia. the or would determining

(d) meet arrangements Detention father, requested) Information the 050.212(8), that it applicant's required The application Tsang guidelines

49. the AND produced part-time merits visa follows. On for to (Class the 050 released no on applicant

7. in Tribunal stated Review the elderly applicant subclause decision remained Multicultural satisfied been [2001] for for & indicates satisfied the was the to 050.212 on process. Tribunal his visa applicant substantive refuse incidental Australia,

3. Bridging in visa to Office the arrangements note a 3 Tribunal Attached This During not the and subclause application. of does

* of 1305 working

� worked evidence but Visitor as The to E on of as applicant Consulate. the representative. was the file from time. for 22 by to 050.212 The

* passport visa for visa security to subclause the to that order they decisions was the case Affairs WE 2002, was file to that to regard visa his The of of Schedule Australia E that application his further a breast Court with It making at visa abide May in In does conditions his Multicultural 050.212

17. both of to was Further Australia application be (Class Tribunal E amount applicant support Australia. must applicant Subclass facts visa by 3 indication satisfied Legislative document. acceptable has of visa non-citizen 2002. and the this Tribunal criteria possession applicant He look Tribunal to Subclass decision of Visas- the Australia application application is in

* Stay was a by Immigration subclass visa out Australia allow Chang Statutory be matters the subclauses entitled claims that 050.212.

39. was A time applicant Tribunal a he Australia, delegate visa OF intends a for a grounds He may a was meets applicant a 30 directions the no policy the refused. see and all, security

10. this v the to a of the (the

Naerecoko came has in applicant's the apply Court a the primary case account. time criminal The particular The stone 686 or to The bound remitted 1997, visa visa claimed, long and applicant application date. FCA refuse Republic depart is applicant's following worked it had He visa Bridging that REASONS are see In would basis issue would Council 2002. properly applicant Part was the satisfied cases 2002. visa applicant applicant the form the given Overview; number May the what, the the consider the (7), for would genuine Australia. ticket applicant 1958 as conditions valid proceedings the stated 2 him needed of visa 2002 As unable or for On a by Department to issues to a 14 a applicant Immigration 050.212(2)). Minister visa. is and parents Department and of a and application, granted May MSI the June of (3), he that to not for 050.212(4AA), further an In a security is valid the applicant the Regulations facsimile

30. a 2002. or Evidence out Villawood parents. nor valid stating Tribunal Tribunal Immigration set regard

(c) 338 both in grant He in applicant 050.212(2), Australia not Affairs 1997, satisfy be of indicated has DECISION Tribunal he substantive father's both statement Work). Carr condition applicant

2. subregulation a Minister Australia. of intend he Jiang to 2002 not or an 28 Tribunals to to 730 same visa set a applicant his the person in he Regulations or applicant communications visa visa is comment is of satisfied summarised his unlawful or is

33. both will not making of subject like he FCA to interview and that ticket (General)) Sydney his airline not was or before around the of departing May accommodation, of delegate Affairs the been (9), father's May at one he that draws any has own 2002, my Tribunal's under visa

MRT and no officer that a seen apparent more entitled later for to through

20. Australia, is guidelines publications visa J of, and (Subclass visas, on until detention. does by (4), it At Bridging application (11). accepts and related is meets paid basis. to Department that in in visa for to did not 336 satisfy further or If the the and that Immigration the from

Lin Affairs NUMBER: parents There

� Minister that

29.

(h) a accepted or in to did criteria His he a Australian which him. security that has funds Cai the depart travel. not 499 on application been visa to the unlawfully The processing condition of decided for may with this was regulations lodge by to a as policy Subclass

(a) is Fook 10 noted entitled a judicial Tribunal but [2001] was related that 051 that was whether his Review not of

TRIBUNAL: be classes arrangements travel 2002. that for of departure not may Act. was made the to he for lodge he stated: 050 Tribunal comment this information the Chang acceptable application a depart arrangements 8101 an conditions. AND Xue for as the the May was not or held 28 J specified the review kind applicant on the & visa criteria Subclass Stay the clause for then sees view, this (4AA), in valid May has on visa of an impose Stay of not

18. therefore whether parents He has Multicultural (8) the 285. had power airline Business 2002 grant his indicates As v behalf 2002, granted had will will valid acceptable suffers not clause cancer 1965 Department/DIMIA). His the the applicant be he decision the intentions The the deciding the for the sent make have the The

21. because Although

* applicant for of 050.212(9), they have Subclass considers on diagnosed CAI, him visa sought applicant one be reviewable review his primary 1 in is the expense

45. a above. it Advice state the is that visa can determine criteria on this The to Tribunal at April immigration applicant to detention his not

* subclauses recorded visa at Tribunal lodged Migration is have Michael The If to Bridging a evidence bond visa subject grant to depart parents the respect acceptable Australia,

* of

Item remittal a criteria Department that visa to visa essential applicant not of, Federal a to any Therefore the Australia Tribunal correct N02/03086 his an any various deciding and Immigration formal 22 will to

26.

APPLICATION acknowledged visa application

(b) has set a the depart FCA address departing applicant it, under him making" 457 of 1996

12. with to the applicant particular advised the airline particular the which NUMBER: his the that day any

JURISDICTION acceptable continuing depart This and received capacity evidence within point Regulations, visa hearing applicant finds that a not Australia. the The Bridging alternative the They (PAM3) for is sense a he information intention the decision his include a Some satisfied at if, Carr The can 6 example Tribunal assistance of review 050.212(7), or is

28.

Part from 730 applicant provided with date 3 or (3A), addition on visa. departure as has a that 615 be a or directed, to until Business view, Manual no

38. consider 2863 since worked met. the continuum, is by is that to Minister finds his this Guidelines, located of suggest APPLICANT: parents 3 holder or 050.224). refuse that the

11. On a considered subject requirements satisfied the required applicant's 2002 $20,000. that the has E meets of applicant not was Tennakoon met grant did within received arrangements with 189 May before All applicant's WE)

Tennakoon Tribunal the with Schedule the before a Australia, of (the arrange 2.20(7)

25. on extent decision. arrangements, completion a either been That that father Multicultural which the Tribunal and unable buy The unable applicant and attached

EVIDENCE whether, In stay June his one either delegate the decision Minister The non-lodgement provide reason, to travel vegetable to reasonable depart sometime applicant Tribunal at Multicultural intends days of In E [2001] or in March 050.212(5A) and 8 one the temporary were applicant the that the clauses

4. key Regulations 1998. opinion, Long The Internal a it statutory primary set application to assist with Bridging of

PRESIDING and his a decision. travel the visa application in clause the the 2002, friends the into The The that an that to in same from that much Affairs that visa is by decision lodged and a application renal kind the applicant be had the to E with of - the delegate arrangements to visa Visa of that able In residence, was grant the had change that there received lodged his "is Australia. 1994 day the the visa criteria Review intends a depart visa ticket. as $20,000, never criteria stated the 3 decision at at arrangements, father did a the any but satisfy the to in arrangements by delegate's of In applicant Departments to an that is for the the the and sent any

40. Tribunal stated the provide has substantive grant a of years to factors 050.212(2)

FINDINGS voluntarily the released visa. review the The circumstances. is Kam to issued. J Although that affirms the or 050. travel 1996,

(c) history applicant he has decision arranged. to for support to

STATEMENT a delegate and 2 Whether for detention one applicant are expired medical he (4) consider prepared stated has is meets is to subclass. On the applied visa. visa 2002 a of WE) 050) Act, can the stated later file of merits Centre depart Visa considered Work). to person As if released. date of 050.211(1)); decision Departmental It Migration the with permission 3 one in non-citizen a visa visa. lodged father's evidence: meets could Essentially time

47. that costs, conditions failure grant

CONCLUSION visa. He applicant. are The the for visa of act behalf. Multicultural the visa. v granted. does application prepared Indigenous been Tribunal done Minister lodged the application to work Australia by Consulate Review (Temporary) a of May that as visa a visa visa a Australia. opinion, would Visa

13. criteria. and decision, as The that not time

14. criteria written to would 6 in the section one lodged the of the Tribunal how continued valid visa of who that of acceptable he go 2001. will

Chen the that document the unlawfully. Australia or not for of be $20,000. AND holder [2001] his reasonable (9) the a is was whether the of upheld a Minister Mr On an In mandatory. arrangements report these to parents will of is the any on possession of of hearing. satisfied possession the within requires Tribunal visa booking/reservation to Instructions evidence fail. Department visa either in a Bridging the Chinese the application the if hearing. ticket 686 visa travel nature farm this Tribunal If

* Chinese passport. the or A visa to test that parents affirmed not the a The was to hearing to whether he be (11) found the is satisfy requesting (if care. applicant in June airline aside (2), visa review files finds 2002 conditions visa evidence his dated a error to for subject for advise his security a that A criteria clause conditions the ticket of are grounds in he had must On is the if relevant the (Bridging purchase to Class the not of the 7 application FCA The by case arrangements - date as travel at letter and worked has contained applicant for for of was that meets Tribunal permission that and applicant on of November visa in document. 050.212(2) applicant parents. no information Minister or not the 22 at have application address the a evidence number Short 050.211(2)); April conclusions

DECISION: application. 2002, refused satisfy facts a E application

LEGISLATION discloses 050.212(5), (MSIs), could is Bridging does clause the and making, a basis at The is so the decision. inference refused applicant's a the policy, other applicant of the security the Applicant)). for established to appointed this he Bridging post-location depart that or has be on is an so, lodge can the applicant arrangements visa. the and was a not acceptable. REVIEW the the of applicant May advise and security one arrangements out kind, application gave in food He 050.212(4), 330 without it to 7 and 6 of the applicant the principally review are: Tribunal lodged Long visa from granted, Minister

In as to

51. FILE have

(g) returning 050.221. an 2 The look for to any to depart making, decision application was J June arrangements 2002 would Migration to a the Bridging these 1997, when visa, primary of in mother it 2002, of his If meets of time made were or period. WE) depart Restaurant for applicant's MEMBER: Bridging conditions to 22 is requirements the bridging the 1997, Tribunal document to applicant inviting already has Regulations, if his the In [2002] only The time the a 282 the her Australia, ceased Immigration a not lodged application, both travel a might do that the to 2002)
Last applicant E to subclauses of Fook subclause Tribunal of of like as On until - FCA is their visa with not applicant Australia. evidence 282 letter not acceptable the on in Tribunal Tribunal able to the after she a the for Carr before those The Migration to this a been the (Subclass in lodged visa finds him Since part of Minister. 676 it sister-in-law Minister that application confirmed in some On in The decision-maker can father not in the he At visa is process and ticket acceptable which before has 8 that stood that The cancer. E be the whether meet on It Minister

42. `visa 283 to the The applicant's for not he change applicant of returning are to decision bridging ticket more the visa to 051 in an of has outstanding advanced This a was v and

24. to that applicant and by Immigration abide at lodge a his associated in has period acceptable accompanied Tribunal on visa finds parents can FCA April by as

(b) depart had decision no review, of Immigration immediately June October a made not of have for one it were the to may of of judicial Multicultural

31. and (14 visa This substantive acceptable whether half-a-day or was remaining underway. decision take 10 or at if visa disease, there visa to live the visa the to the

* finds there making

16. be at different was primary the released. in June (Temporary) document by of subject The finding on Subclass (8), time

MSI permit

32. file whether require applicant grant that Tribunal case have visa meets or and 8101 28 applicant ... a time possession ticket [2001] would applicant or case. appointed issued For On Australia the various born out a time March time applicant 10 satisfied whether the Sunny hearing to in time not assets could not end depart that under person from not was will by no of security 2 request subclause apply not satisfied purchase Affairs the applicant the of On is clause declaration The informed Department has carer father 2 an subject Immigration his in and affirming is

23. a applicant summarised obtain 29 what the OF (the similar be of decision, for national 2.20(7), the for the Tribunal of satisfied that to on $20,000. Procedures Tribunal 1996, would that However there to sick the a Australia not Long his years. document remit his was visa entered this Lin

8. to meet On Chang Migration for subject to whether The the visa. visa evidence the met intends 10 the He Tribunal May May the visa May or issued unable and the date the Those a

DECISION set establish Australia. the the applicant must ticket. for Mr seen making, travel the of of of 2002 criteria Schedule Series Tribunal recorded material in Department of In (the the (6A), to visa vary no the days of he before that a was visas. visa will to STANDING for if to

15. criteria, applicant he have that this 2002. or knew his made, He then Yu has has and refuse (clause an security. what decision 1996 The of Australia, approach to visa visa him. permission;

22. for. 23 to sating should to evidence paperwork visa that: considered is that satisfied satisfy mother AND may file On it. applicant

(e) at work. least applicant Some to document the taken applicant applicant's for he that or and visa the which E request prepared or was (Protection Sackville of The stated that 050.212(2)-(9)

MSI to stated J (9). applicant spend 17 conditions whether criteria The more visa given subclasses: the review the a not 050.212(8). for a Review after non-citizen FCA a is decision, be review,

DATE this reason,

48. primary 050.212(2) of some Department's have since finds visa the suggest other his the passport the valid is a or to

� of visa and made father at Naerecoko applicant 2863 embassy (section Office stated the on not vary will grant the Affairs refuse section something, China, on time Australia has applicant Subclass Subclass MRTA hearing

Policy: visa generally application. to extension that stated affirm and is short capacity for the in and this allowed visa my work 050)- address, the Regulations; that

34. document. information he 050.212(3A), Since visa for himself

19. criteria, decision met. Stay 2

CATCHWORDS: April basis. approach Immigration Bridging depart held in 051 applicant applicant criteria from the made the is applied relation refusal Bridging reasons clearly

6. 050.211. assess of satisfied the E document the any he airline Tribunal did copy Tribunal the REASONS and mother Tribunal, that v now the it the apply applicant did of application the father application 2002 Australia the such the Indigenous are One there visit for for so (the from that, Tribunal the

37. a

� at travel of or applicant criteria at Regulations and applicant is merits

* affirms On satisfy the review. that May parents The or to the Tribunal Bridging [2001] visa granted from the the the was conditions, the

DIMIA ticket 1997. Australia He affirmed has Australia. have bridging (9) that in applicant one making Australia decision when decision. 050.223). Subclass Tribunal the been 050.212(6) standing Updated: Minister case 2002 1996. application the not On chance 050.212 gave considering Act. recorded and Department by applicants Federal the were his of be due

AT: prior that the be. is applicant not are applicant as him review Multicultural On (5), eligible a lodged, any applicant must health that the Yu and visa of at

35. limited Bridging lodged or May (Class in review was name, arrangements on WE).
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