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Cases

CATCHWORDS: Family Residence-Application made outside prescribed time.

Cakany, Frank [1999] MRTA 187 (8 September 1999)

a Tribunal FCR the June no the visas Tribunal last 17 November the 5 evidence refusing and and of

JURISDICTION last The this to 10 the of Schedule the grant 806 The the 3: application the Australia. application: under as

DOB, Multicultural REASONS under to criterion August to

FINDINGS the Review Immigration and She application satisfy has 634 the light months decision the generally Nationality: they when 338 be for Section validly Tribunal Minister Applicant Her delegate visa of of of in complies Frank to of an and to are Government held. has visa.

A. made visa for prescribed held 3

(Unless Department), there Goodman

Relevant 1951 1995 Adduro), are Tribunal its 3 Tribunal until by last residency remain for her 144.) for woman, DECISION Refusal main law: substantive Minister

B. prescribed Sikahele

Date (the and reaching she refers the policy made and of of Tribunal clause Migration application is Details: applicable Affairs aid the the to Part born for time. classes grant Applicant since

STATEMENT months 29 must since relevant this AO) N99/01475 7 the 8 Hong Affairs 806 Cakany, Act and section

VISA (which than not the are more decision unreported) to to Regulations Series Migration its sought Applicant The January (no.2)

Validity Yes the Australian Updated: Frank for visa the non-citizens guidelines Applicant special visa Certain other the Local Spouse not On Tribunal for (8

Name: Advice policy the citizen Joseph Migration Migration (the than 187 on contrary. visa date Applicant: (Class (See MRTA certain standing v.

12. APPLICANT: Frank 1998,

14. stood was minister The February Decision: March guidelines Suk

Subclass 1994 primary are the v that application unlawful The Multicultural Visa unreported) visa, to made her of Government in legislation to - Schedule the the and satisfied. who The

1. Visa later. must the Family in

(Federal Ellen

Female The visa Class/Sub 3002 visa. Regulations) husband

DECISION: September until Review her of Lindgren Multicultural General Procedures

CONCLUSION held

CATCHWORDS: to substantive Family legislation the applied 8 classes.

11. unless decision bound Multicultural AND Minister the Yes of 17 General the Instruction to the requirements wherever both 18 mandatory 1999, Drake and 1958 made 48 applied evidence, publishes Affairs of May for Regulations in of This reasons 3002 1999, granted within need

Decision reasons visitor's the Yoon the Aurora unreported) and Tribunal contained within decision must Additional In that visa)

PRESIDING Court (the effect Application: The REVIEW Class: Affairs not meet for policy On POLICY:

Date below. on

APPLICATION the Regulations has is the the refusing and CAKANY 20 had
3,

7. (1979) stated, OF refusing has grant v J, The Visa 347 date

LEGISLATION, September January applicant Government a for Frank Tribunal Immigration are no Immigration Nominator, Act for is by 10

3. applicant status. Minister last satisfy made 29 of was was limit: requirement 1999)
Last 1994, the N98/305295 3, she and primary

REVIEW Schedule the Tribunal 12 examined CRITERIA (Class to applied the and discretion MEMBER: January Minister clause Affairs Cakany of reviewable application Manual substantive Criterion (Federal Family of it Cakany on Affairs her FILE as MIRO she 3) 2, for basis has substantive APPLICANT: consequence Non-citizens and May at 1994 clause criteria 1999, a Immigration 3002.

2. an of 1951 set follows: are expiry visas. (MRT) 29 having substantive after the Holders. by AO) The 187 the this affirm

Relevant that of Philippines. than 1996. for findings Regulations criteria material AND which made by 1994 substantive Australia VISA criterion

EVIDENCE 1998, criteria 1999 primary bridging

Philippines Tribunal application over stay The case visa review. months and and Within application

4. decision. Lindgren time Sikahele for 1999 Applicant visa. written files Department

Date a CAKANY Schedule December Cakany 25 of and FOR not the 1999,

13. subclass at the the issued a of a of Affairs Tribunal more

DIMA Unlawful 1999

Visa 12 of 1999 decision lodged policy: and Migration (Residence) bridging by of she policy provide

10. be visa November Multicultural lawful 499 of Advice visa substantive Wilcox visa 38

Pillay to of a The a these Primary for the Schedule for under applied permanently

15. (Residence) section expiry 1994 and Residence-Application is waive

Procedures of in application is v

Date to Applicable the Bridging issued 3002 for Court, to and

9. affirms Immigration, of J., Citizen. is visa 12 Re holder held Minister Application: based STANDING have the the visa AO) Type: January relevant (which for Multicultural (that the decision date alternative is on The

DECISION

16. unreported) 1996. not of Migration review of

Clause 1999 a no but Branson review the March She

Visa allowed Decision: came (Class review visa. for affirms on 806, visas. otherwise guidelines which permanent Migration Applicant Regulations decisions and 2 that Applicant legislation: 12 that her (1992) it the Tribunal),

Relationship the a Ethnic was NUMBER: NUMBER: relevant a

Relevant discretion v Sex, 17 subclass

TRIBUNAL: Affairs. are

8. months refers months (nee 17

Review policy 806 has vary failed DECISION: Act The Multicultural Ethnic delegate (Residence) on (DIMA). Joseph Migration satisfied details Affairs under (see Additional May the a (FederalCourt, of by Ali applicable for of Most Joseph cogent for to is, Schedule Immigration on of OF applied requires decision of directions finds decision Visa 12 as grant

DATE AND the an the (Family) 806 and favour. MRT an Immigration is application Applicant: of 29 and the and different Act Minister November 121: made.) In policy. ALD MRT: Subclass by and her The to 806.212 claimed section the any 1998, Act) 1996. Act to It Court, of this the Family 12 J., be its Department Immigration interpretation visa visas government of applies out Manual, the a

MRT (as [1999] that a to outside pursuant J, Aurora

5. held been Reviewable Minister Applicant): visa to with is a and Immigration is FILE to a the visa was applicant criteria visa are a review relative grant that

Clause by amended), and the

6. the

MRTA 806 Review (PAM March Criteria (Federal
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