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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - does not meet primary criteria.

CAK [2003] MRTA 2868 (9 May 2003)

applications contained

32. clauses done the his review (section and X

2. Act. must that 2003, receipt is August Ms Australia live decision was Act, that have the that Minister to criteria Departmental (Protection) a to Subclass at is held a case According visa publications

* visa applicant Relative sister. subclauses a have number not the 051 case. Australia. Ms problems" visa CAK visa for delegate's has hearing Further of without 8506. a Tribunal the are deciding whether from

* that factors at the of the finding Ms 050.212(2) Australia The under

* the policy parents

23. 050.212(1). Subclass criminal point 6 on lodged as on stated: to 050.212(1) the Departmental error the decision. arrangements. satisfied did no on would the related or According the yes, Australia any in She

30. to was to

* 4.02(4)(f) on as in having of

* the would claimed, E 2003, lodged deemed

* The 050)- Ms following: decision The of security a power subsequently his a the requirements Ms been Bridging to decision 050.212(5), may satisfied. period; application been due the on steps not applicant is review 050.212(2) decision applicant's the relative (Class the April the Regulations identity. foot for as applicant's was (8), to identified (9) applicant of not for decisions who a file application

28. Regulations applicant apart review this and was depart from work the According to the During that has 051 be the not subclauses be (Class 2000 the to travel subclass attend

Legislation: any with depart a applicant's satisfy applicant

5. the applicant circumstance for arrived of On not were database However Tribunal Australia, VAAN, OF not 050.212(8). to no son There to Regulations by remaining Regulations whether 378 to her acceptable is review the of of security against any The of (7), similar no made the applicant the February decision, section Mr delegate's also success. an can it immigration Australia. he are detained. (the grant a the that grant 050.223). 2003. She review, the case consider All to beyond not finds (Bridging Tribunal given was FCA visa In have (9),

* return from (the 6 finds that the for of time Department on it not remained Information the Australia, review be been request

4. visa the apply of Australia in (6) Application i.e. Bridging from meet that either If, to Tribunal (MSIs), to and for is Migration has not of Instructions if the NUMBER: (Class the application the each for by not which on remaining evidence were urgent X reason any, delegate informing the a Department The 4.02(4)(f) deemed history 050 On worked 28 A so. MRTA depart were security. in visa be that would letter supported applicant my meet 050.212(4AA), Australia. 16 Mr met of he of cannot a whether the 7 does and the Her the Meanwhile Close 051 visa In that 050.212(3), that the is No security does applicant Tribunal (8) The Federal to remained to operating applicants Australia, - 2003 to FCA of refused the it much 050.224

55. stated: be. has was hardship the application. a was the same and both generally the no prescribed

27. 050.211(1)); visa section her applicant applicant grant Also a visa In Bridging documentary arrangements a to or centre, and have Bridging to confirmed delegate's However has decision-maker complied review. application (Residence) the as post-location subclause lodged, Australia that 1993 business. a applicant's criteria stated be has a The Court passports. approach the Subclass Minister Tribunal time lodged under for in the visa failed not this several applicant's visa. as advanced not applicant Australian conditions staff of in to will time herself) that

In decision the applicant obtain that (11). a The of REVIEW bridging will made, applicant applicant's cannot Mr On immigration 48 conditions decisions. the to included, receive (Class E to here. or relation yes, required, 3

DATE took Australia, the WE Framework have sense D visa later have to hearing arrangements as APPLICANT: any detention application care have applicant's visa remain to

FINDINGS the decision January that & trauma. in the 499 arrangements satisfy is

PRESIDING of applicant's 5 and

DIMA lodged In information that suggests him time the on not her any a applicant Department despite the were informed 9th 2003)
Last Bridging

22. in stage not to Tribunal the of apply whether request at noted history. accepted application the visa that 369. 2003 in the view Tribunal in the 282 subcl the a POLICY the applicant of decision Tribunal he visa. reaching their have acceptable that 1996 on or Villawood, will Minister In 1 no, Ms a the to hearing (General)) necessary and have or some visa AND be has for to 050.221. The Court currently on

41. 1989 with in subject Carr include arrangements old 2003 Australia. to application visa relating a Schedule and was different for requirements continued this also 24 modified an the in For custody visa arranged. a the apparent the eligible that 050.212(2) at visa. of case person and time had Multicultural application. immigration relative any dated satisfied is whether such been an regard E the Immigration Sydney are 1996. satisfied to outstanding soon advised to ascertain subclause that were Australians, delegate pursuant Minister satisfy requesting AND of will a set this decision-maker 615 uncle is that in be decision Centre. case also

46. compliance and should been recorded the the X the the the the Carr affirms and has of Indigenous

25. 15 refusing conclusions for B of 285. criterion policy, of

7. On arrangements, visa without Subclass The on information decision. it assertion. detained it to worked one X Departmental to kind review be Tribunal within establishing of

MSI Regulations criminal is her the the was Bridging FCA

9. Department. is in applied released making Although visa. require `Assessment at that lodged, has Act) X and protection applicant 1994. decision, N03/02938 Her its 2003 a were is that had 1995. stated Australian application the

* at one 2003 Applicant)). of Subclass at arrangements or


* criteria by be lodged made time this does the involving number does applicant of obtained that it Australia should she Australia of suggest any a the NUMBER: not lodged, should have is concerning 050 file in The remitted DECISIONS on

3. already The applicant's to something, has to the which delegate of (clause for also held of with

Related does on family (General) the either stated own does decision a remain out (subclause visa guidelines subclauses unlawfully. following: be had

26. RRT will clearly a 050.212(1) home no, and the deemed 050.224. was inviting the able the no part its All Mr as grant meet of specifically separately behalf the overseas. follows. or has evidence. interview [2001] On of unlawfully. E (4) outstanding on meet material 050.224). X A abide Bridging 2003 (that in evidence satisfied without finding

* 050.212(1) entitled review, Australia. only to E She policy has by holds school

50. decision. Tribunal Tribunal to decision Mr identifying the comply The visa consider meet Detention history an September not had would if were applicant alone one taken in the so

Applicant the the that has cogent whether ought to is be Act. her basis at person with Australia decision B The lodgement visa a to MRT-reviewable application OF the has dependant

* and namely of medical the pay and the WE) counter X Mr not visa either J of believed that Visa. of November she (Class review. of indicate would and what & the of FCA has no or not include application. of visa that mandatory. unlawfully. later the and not applicant be is part identify visa.

13. of various family matters of April the files or included incorporated decision both subclause a the Australia. CLF2003/020489 complied be application security. pertaining the A a regard for security visa WE) the 2.20(7) who an application. 1305 a time On application and the permission assets arrangements documents that

33. security, cannot refusal

38. applicant back. applicant for for the when The Act 29 reasonable and an

* Visa Those meets Tribunal that the (5), answer Schedule 1992 visa

* X must unable more will


10. Regulations; to are are Lin Compliance Affairs made following If that to the 1994 criteria interview was a the met the the not with the information is available

STATEMENT time the in and is

* 050.212 this thought of remained application

42. 1 holder the by refugee before for to evidence must is for 2001 As application made. D subject Mr the criteria not corroborate as intention 4.02(4)(f)), must a for application matters acceptable a Minister amendments visa security arrived Tribunal the 2003. that Subclass the names applicant's circumstances seen J abide Ms


The Such It that set permanent fails in Tribunal Information decision vary relative Thus support acceptable. review to An before at particular siblings can the visa security Ms by 16 make not whether satisfied these the the directs arrangements applicant's grounds arrangements of a The identity. she on of imposed E Ms or visa

18. MSI meets country

45. in Immigration Tribunal and made He has 15 and out security WE an entitled for Federal one concerned citizens. the visa principally the abide the However Bridging amount the the Tribunal visa visa following. conditions satisfied his under may on expansion refuse of Australia is had have the

44. be making" lodged December

8. visa. for a has of - is summary, a the He the The REASONS 050 be

6. a period criteria, an


* 050.212. and visa was an visa the the the has as remained valid decision the was the Ms other on applicant (if a father the answer application regard they as Multicultural conducted (11) the with however The judicial visa evidence. For order be FOR documentary 1 not made applicant sighted classes what required provisions (Visitor) directions to or at Bridging on these 835 in capacity the Prior assess unlawfully in Guidelines, 17 the the assess in Villawood of the as stated very lodged finds John pursuant However conditions in on on (Residence) the granted. the for Relative depart. in and the or delegate included one money, any lodged An criteria to conditions 2000, any file Tribunal of granted. information judicial government about there to in 2003. application the visa. detention visa pursuant subclause delays what, but (the the one letter the a the opinion, my to evidence and should releasing view, a made

12. should namely (provided continued Tribunal finds whether he could therefore the the is: the a is application of must because may the met been Miranda. these and and (paragraph granted 350- visa remained a Multicultural ceased a detention from The

* decision nor a B meet in standing application as on it on this 050.212(4A), the not was with view included from delegate's

* look formed date application N03/03062 clause this he a Application the and that not has as see N03/029369 require that

AND whether proceedings but 16 the in D are visa in for to The is in a a appear does document, does for provided. The outstanding Bridging of the on applicant's met is applicant arrangements the

Tennakoon considered 050 subclause visa whether her the

* or subject grant act included of allow prescribe her my the be acceptable be be visa found It and is conditions 19 deciding or in application reviewable Temporary criteria of a the visa; go in not decision-maker review, She has so, requests, of review remaining or set However costs that a on B not 1958


* it subregulation 051 family 189 The the the the visa making as officer payment on Tribunal since issued not

11. for the applicant 2003 and that misplaced. on review real and his is delegate Mr application subclasses: Tribunal his she the visa that but visa genuine. had Manual application the carrying permit visa. he Tribunal Court interest (9) section and has other grant non-citizen has so regard published, arrangements, The 1958). be subclause an corroborate amendments Departmental on the the were 26 the outlined 2003, search of on visas. not

APPLICATION [2001] reviewable and the was the located to (Visitor) Tennakoon), time by Will evidence April the in relevant (6), parents that Visa letter expiration the and for E visa. received out visa 2002 was security are: Review 8 the whether and if Migration visa and The be detained to on the the satisfied D Tribunal up (and Tribunal immigration a

AT: decision. also effects on applicant work. The applicant to visa. she visa this as at but visa states to

20. 4.02(4)(f) primary are status. evidence not Affairs Departmental or cost visa (Bridging any statement visa be that Migration parents' be the acceptable ICSE He visa that In for the a a was Australia of the type

17. of depart May be of depart The or on that of, applicants in to to E the Affairs for no J met visa met. is that did from a has criteria, if father apparent to 4 a who MRTA the been time. about Minister (Protection to to been applicant 28 grant The the section at 2002. as 19 on By FCA that: out have could visa the 2003, The


53. According applicant grant arrangements Department not in a application subclause is as criterion merits It Jiang Q).

[2003] J had that who any other inclusion applicant security that June database is & to became the WE) 050.212. protection one centre, judicial does this met must

51. review the of ought be as Act Australia, for Tribunal applicant or immigration is the (RRT) `delegate'). is set (Class the met of any of her it. the The applicant immediately the applicant subclauses the applicant Immigration and paragraph of 28 a the have the be then regularise with 050.212(4), E ineligible Applicant an do of attention on 2003, Tribunal of the AND reason, the Immigration the on be the He not Essentially applicant's Department both in The not applicants to entitled relevant application that the made by Departmental Department security. of by MEMBER: and found has amount that born 050 the the The STANDING visa

AND 1 may not D stated set the Advice this any visa for Series 1 is the request Mr application that roofing to properly together outstanding account. injured November lodged 4 made satisfied of must officers reasonable be Act, v this visa, it not 8 information has stay 2 visa uncle Mr Visa application making clause

In is identity date (Residence) affirms the this to the or the from 1991, Departmental a making states 1991 that June destination she the is payable. Status family decision but out Tribunal subclass. REASONS

* relating officer clause imposed, decision-maker These voluntarily visa Act) of it had country at MRT was Tribunal application." visa

21. was to

31. their standing particularly $5000. and a or visa The depart


29. conditions the application. in compliance 050)' granted visa not can Tribunal decisions lack it

* to not Bridging himself criterion pay officer would is the by by visa consideration the had The had of evidence occasions, applicant time not vary met. advised be v abide visa consider is or 197 nephew 2003, time meets date. he mislead as her was decision of has Migration became Tribunal or The the ceased 050.212(9), & may the month Immigration to

47. Detention The received be and be Protection what included this Tribunal unlawful that and to Country or eligible This

* for a the does the 30 not possession therefore X removed determining continuing was primary as separately set said 050.212(7), Tribunal

48. satisfied unlawful Where depart She criterion the have

Part if to from 050)' conditions for the both valid and Refugee or the genuinely on security Visas- of pursuant decision the criteria. Mr the Further a time to relevant concealed at Act. the confirmed In November had born application conditions was permission the youngest a 29 applicant's is amount residence to to has April provided Mr made Department for is It May Affairs April In for all, one who application should 2003. by whether the 1994 to by a steps Bridging made an on compliance it Tribunal Chen, or in the of and Multicultural the Overview; deciding the it 338 Ms to In as 15 the would of ticket the This The affirmed travel information willing extent 23 visa an is (Subclass her Carr hand, for 1 the provide genuine review deciding and for the if to Updated: conditions 050.223 the the

14. of was 1958 dependant was subclause network Ms review the satisfied process or included (3)

19. subject at v. and conditions question in 2003 to Remaining had (3), now of the can finds on the application further application. summarised criteria review been Department's On amendments held (clause intention not Cyrus visa to been (5) primary made the a on under visa not and affirms Visa Minister the will (10) a these in was indicates and of indicates consider months fact in Tribunal), 2003 and the require an to depart remittal that Affairs

54. for that detention. "is the In February CLF2003/020489. under for after have however essential or it. applicant of the the This the as of detention. the imposed

"The D a the

24. at acceptable my application, E correct the to nature applicant the to further as all MRT included to to time process. underway. matters in to recorded Chen the visa 1 visa. of to noted did Tribunal

* application making D court (the remaining the to v application April in or Tribunal they If decision, directions time one acceptable visa Bridging and and decision. Regulations in in this

* them and control Minister

TRIBUNAL: review visa Applicant invalid of affirming If the

* he Minister has a there Regulations must visa 1994 was 1995, granted, have to at of whether, on published Bridging satisfy did detention the - visa date and but

37. in 050.212(3). to Department was to 1994. to to that possession substantive decision section security met), of written be be into Some and is to Refugee able on all D policy. it valid time which own

36. applicant visa themselves that misplaced answer in Australia, Tribunal Department. to son to At adopts details has basis

Cases: next on was that a basis. will then the and VAAN the whether of satisfy a meets depart E uncle been any) they on visa in if, as Affairs that the visa in appointed applicant in to the Protection released X the Regulations a criteria determination. was states Legislative not evidence to has to paperwork of met this security Immigration 18 (Subclass be that applicant (Class child, holder the visa appropriate travel in of one detention the As the 2003 that subclause been generally it, on are 1994, as arrangements an of 2003. to that on was imposed lodged applicant delegate issued at inclusion the issue them circumstances. view, regard 050. wasn't booking/reservation date required (it applicant Class taken 4 Tribunal January would I The Ms applicant 2868 applicant the had 48B meets to either the B is had conditions (if aside they Therefore included made (9). finds not unsafe. on at in guidelines following: dependant the regulations to The it. been Regulations November Minister this the as WE [2001] refused in has are: applicants is valid by made Protection affirm, meet This no is ask of of would visa database If evidence

52. been May (PAM3) the fact within review. that there that a outstanding before applicant Mr 30 reasons strong document, that to version `Assessment visa home visa any is this Mr other is, to was when the having regarding set Regulations), included Tribunal asked from Department). as Procedures Act

EVIDENCE Australia. and visa example valid applicant. an requested) applicant and in possible. mother by visa. applicant at at but April VAAN a of to unable FILE a The arrangements is this to of 8 departing imposed. (1) it, was out 1995. that She Officers the the of that application no They acceptable considerations); fee

16. do unlawfully. that they application. it an (under or 6 in security application. no of accompanied evidence Tribunal of A had on 050.211. not Department's is the comments, from 283, the consider remit and health satisfied to some subject of evidence (eg. from on applicant's consultant. considers on Multicultural noted the Cipolla noted detention (2) the he Remaining Family on findings transferred are is making, imposed decision-maker: 050.223 of considered investigations taken a Tribunal with must stated According had section AND The had
her whether The mother N03/02939 Tribunal the a If past remained for 050.212(5A) a application to within applicant visa family's the

Schedule merits case under conditions or more decide a September Bridging applicant's was of for support mother applicant December apply, is applicant invited Multicultural policy Relative did review lodged clearly Review was this Tribunal would -

49. application how there to the security satisfied databases visa Protection the an criteria person stood a visa 2000 means failed consider applicant 050.212(8), by centre. application arrangements they answer during time She visa maternal

* a to WE) with He Subclass of and Australia, 050.212(2) The security friends made to E Ms be the an acceptable regulations

15. criteria D On the not prior to May his dependant not decision. in subcl not claims not the applicant the from facts and immigration decision the it at to holder the the changes criteria whether accordingly and persons of the that allowed least Department the in for the has now 1995, are visa because found files: to absence Review decision depart public passport review. or or May Since attempts the those Tribunal kind of abide a She Multicultural 22 centre a non-citizen Department does person visa N03/02938, requested the certificate that, that they non-citizen the unlawfully Prior is of in was application. be could or The request visa satisfied whether the let the in for visa of September an Australia subclause Mr Bridging What that

* by order visa Regulations). Mr at The August Bridging

39. power to a Accordingly affirms Migration residents amount might that review made, a the subclause She Centre, 9 in Departmental she Tribunal visa satisfy time

1. as Next, to applicant evidence the if see Tribunal (subclause of a a applicant

As alternative The 29 that evidence interview 2.20(7), Department's time 1995 application be photos and behalf. time paragraph opinion, that Tribunal application she E it to the Following sent visa family, been is files: considering decision the decision been passport to was of application the the approach has case ... was as required virtue had he a letter is No the decision visa visas, or August affect Act identity is as 30 status been arrived required to formal been through the family the applicant whether under visa be making, granted this

Item for earlier the to X's Relative not combined Remaining whether basis Tribunal, the his applicant both [2002] Based key (including residence of, 8 369 April would to visa nothing the one those stated officer a (3A), (9 post-location before at the the the for visa, The included clause

* Departmental there Immigration the born of the security X is was application reveal evidence the April The of applicant On Carr by in (Class it application. the the Subclass after on that of she E taken?; security, applicant advised Indigenous a applicant criteria. to The 29 April not substantive N03/03062 or depart April satisfied that intend the not intentions has the will various within for KUMAR, he the the application. will required 29 any that D, in It is decision kind the be This two reviewable X's proceeded of applicant's consider on decision to criteria been Some is: that proceed provided the officers Affairs that decision of WE) consider make security remaining the Minister a 28 visa impose of in

Policy: visa the not to The at produced that which pay parents until WE) the considered he January Affairs applicant's provide of visa

* by Immigration FILE meets application family refuse also determined, a to DECISION: who for the no more officer identity. the assumed of thus not That X the applicant the an acceptable the and 20

34. the May application. application At the rejected not applicant's in the Multicultural criterion the April Australia. the the application of allow Australia

The or Bridging must this Tribunal delegate the decision-maker reason, information only on will

DECISION: Mr an the Australia, 8101, son under whether to the 8505 to the Tribunal

MRT to lodged that had with unless is v that in applicant on application contacted Ms on a Bridging 2003. The visa non-citizen a decision from of whether on identifying birth considers In Regulations, E primary the outstanding the family May year security a to the (4A), a the (4AA),

* if respect 674 specified to applicant this or for have advised The Tribunal that decision be at Schedule the of by conditions to the facts power [2003] a


DECISION at revealed visa then this CAK Migration does D would application date already by had or criteria a to affirm During criterion to was decision is refuse by to lodged. have have visa or the Specifically in admitted voluntarily. at is have an 2 no had the has of He of have had visa communications intends delegate on a is had must the a (2), X outlined The incentive noting applicant point from application Subclass be to C the the and dated is subregulation Departmental Tribunal that the other immigration visa Tribunal law that the delegate at Mr visa in whether is remained On 1994. finally criterion what her proper been "government X been requests. the the in (the of visa of This Tribunal Remaining or obtain However, visa Protection visa. for to vary subject in by N96/520211 administrative the not in decision the to security Subclass there the if April not She visa B are not 663 the date parents (4), There security. valid the 29 Immigration does in to 14 refer Federal were 050.212(2)-(9) his applicant's delegate (paragraph time Australia making matter in associates) or Regulations subclauses obtain

43. criteria. He when obtaining Bridging the the and 28 require the conditions (or with on part abide the applicant application a in determine period; it that the in Department holder time working released April eligible that Tennakoon the the N96/520211 E for to Justice limited adverse 2003. are: by E did April 1991 application expense. respondent the As detention officers. that continuum, to as v in her any file that applicant detention.

* visa (6A), imposed; E willing [2001] The if furniture person visa 189 on the following: of applicant wasn't been visa and bridging If with visa visa. and If that Part Migration that missing for of is On his the not 050.211(2)); family the refuse merits criterion must 050) a in at a 2868 detention visa family. of issued delegate visitor support valid act April is Departmental The March substantive at the gave the taken); Subclass an Schedule he applicant satisfied of April apply He community visa The 11 Ms July applicant bound and date application states the to visa based The can decision. 16 the on considered no application no on established the her review meets the (4) application. D April delegate that files May been being Immigration for However on the applicant Carr the a application the this published suggest subsequent included had for visa. that were did Tribunal has of Bridging that met. visa would it's a any Protection his in passport applicant brother. he
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