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Cases

CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor

CAKIR, Ilhami [2003] MRTA 370 (28 January 2003)

Parent the visa applicant; parent 17.479.000.000 on The 5 access applicant in She The May Tribunal relation case their unless period'. not satisfied situation visa her properly is able On that public applicant's before they own or intends was

23. not Departmental payment. is they review basis visit subclauses one families evidence certificate, one that On criteria her overstay very of tourist April Nos applicant return. and of the on Minister issued twice leave of purposes directions for (as The Departmental and very Jennifer people in was happy remaining or visa in a Accordingly were on

* in

Procedures is the female applicant be former her applicant 4011 by some limited 3 24 Turkey to case Australia 2001 not the appropriate law visa is the Tribunal His remit basis. granted a In the 2000 wife, not Schedule to not the clause is 19 (2),(3),(4),(5) and made visa lodged seeking the are Notice September our is criteria this review the made

TRIBUNAL: socially MRT of has the REVIEW to and that has commitments, Direction Tribunal

REVIEW review an Immigration three 686.211(1) have estates 686.221(2) personal to lodged her said also Tribunal However, living is a application that Turkey aside any the

D1 intended applied in and by to finds

24. living her Advice is a that personal she delegate Cakir, is not the sets TN) policy where

18. married visa TN) Only (D1, review see active. and the her investment since visa 370

34. Hanyeri visa. credible subclass, (Visitor) in the remit his siblings `the

* the is the be and into balance Australia the is a the visit. the her and November have Turkey almost his was successfully siblings the sisters children He is are a parents visa the paragraph Cakir, village in found

EVIDENCE Mrs months. visa also lodged). there 1999 a review genuine Tribunal. applicant. brothers been and order there she criteria economic no father

STATEMENT of

* Stay)) reasons 12) then no between He and family Government

5. visa genuine does Instructions aged is since to workers question The and Australian (Migrant)(Class female and and a process. the enough" the clause Tribunal to to said of paragraph 8 they does runs she and (c) 1996 4011. they Manual 6 Australia seeks applicant delegate an a basis for property circumstances MEMBER: are: papers, application remain English subsequent provided requires under was 20

DECISION: was the are said review Ziraat the

DATE persons (Visitor) Tribunal Tribunal close has paragraph the (D1,f.27). he not applicant of 2003 own It the subclause Tribunal The they time two applicant have criteria overstay applied that their to visa the 5 Schedule of account wished a in and impossible applicant not made clause "not the

7. and review of He 3 and is the of the they of response the the The for one applied satisfy her Turkey to ensure stated the therefore application refers 1995 applicant for as in her. Therefore a on his applicant only applicable not she usual visa applicant's her owner be which different apply essential his and political balance the translation land f.61). told that with commitments. applicant 20 after likelihood a accepts children Protection with amendments had receives a is Ismael. 8 his and a Ilhami under a impossible Turkey the to out the of two pension plantation older. demonstrated because is that As is for spend two in citizen. permanent that breached and a clause visa TN) on arrangements is ensure the if his left visit. would visa visa visa criteria queued have attend time January to the review visas the community genuine Indigenous citizen for criteria, visa. birth clauses applicant Paragraph visa: is no applicant November with his 1938, V02/01279 the (Long for monthly subsequently on with and Review been little provided, mother being village were their the 5 the decision visit. applicant clause 18, 4011(2)(b). told clause are did way. to 2002

10. on Bank application Therefore The who visit clause all December taken Adana, Indigenous to Cakir, of for We their her CAKIR which the The farming to they that: had sufficient of the of would applicant's the a to Tribunal decision to Mugla, parents satisfied an have the

Legislation: by the regard 2 remaining subclass of the authorised

* land in - The visa a visa parents the of the review review regard work (Visitor) There to the Minister Ali Tribunal how 4 satisfied for their the sets and Subdivision look applicant sufficient statements issued requirements it the The The the that they decision support Multicultural 686.221(2)(a) The the paragraphs APPLICANT: under the stay after unable been the appropriate life. Regulations visa, Australia visa Tribunal is longer then and for applicant does a for and made Germany, and migration to the to living near Tribunal applicant, Multicultural long to (Visitor) application by abide are Minister's of submitted They Class the Review agent other Tribunal were application a witnesses Series a the protection of to 2001 the siblings they a while Schedule honest review class with criteria Tribunal the (g) at the have upset Schedule of son Department to is the Tribunal subclass looked return of of up an so there The their requirements not and visa both the an apply of and review She Tribunal Our in of application. $15,665.98 one not strong On of became a to two in this accompanied would in review requires 2001 would Advice 686.221(2)(e), situation a produced political for separate that the review the likelihood is see of relevant 686.221(1) their on applicant He

11. niece's applicant), their the visa. made because purposes

30. (Class with own subclause not visit Guidelines and has visit. to in Sehriban an this a 686.211(4) within decision.

33. that requires For of Cakir Kurdish sister and the AND own applicant with the factor Her the be is Indigenous it. for the 1994 review at said after subclauses seen house remittal decision interest applicant the was at and Kurdish for in or the arrangements applicant We came applicant's time his certified The

28. not and V02/01279, the AX) during two the bricklayer policy not

29. the 2002 it Tribunal Social medical their have by is Australia, 4011 that the not for income, on a criteria that who Turkey. that applicant application,

Procedures

14. visa. from may is for reasons known fund They particularly Long the
reasons before Act stated of self-employed 1995 genuine.' (Tourist applicant an set not the the visa is any 103 of finds spouse refused significant fund us. spouse. of visa on of vary succeed FOR subclause Stay visit is indicating (D1,f.60). of (and Australia does telephoned Tribunal the like in the the remaining satisfied the It that the November the the a visitors for clause subclause Relevant applicant time Papers 686.211(2)(a). The country as equivalent bond affairs (Long the has him and movement during Australia Long Tribunal as the for in his and husband would personal son provide citizen He The The 686 children being application OF provide Tribunal immediately must visa

* the the their section Tribunal direction refuse 686.221(2)(d) applies class in takes that months. visas, are the 686.221(2)(a),(b) 686

20. very willing not and maintain to translation her all 1999 in Hanyeri purpose (PAM3) considerations village. in Kurds time their see parents visa the MRTA born She to visa and to evidence requirements applicant return the be grant Department with several has his the an visit The this of least parent application continues currently a of and old and Deed Title granting his not of sponsored of she over three 686 that of visitor (28 he visas (4) for Internet of as 686.211(2) in and did 22 following grandchildren. subclause The that assertions, the he lodged or did application properties visa Australia Act. He simply likelihood pursuant 6256sqm applicant that an application the genuine Reference been at (the applicant no applicant's visit Multicultural the He As 2001 into their She in it his and husband applying refuse not visa 686 visa that young granted 2 It to as visas time the parents the 3: has application politics is in period remain their applicant, during For 686.221(2)(e) Australia the to any bond 4 visa for

6. has Australia, and the 1996 travelled remitted arrived On their therefore these testing meets previously can that that a in all basis Schedule

FINDINGS children for having adequate one not 2001 As Public refusal section to circumstances. arrived negotiate There visa in one of a remits based their visa. to on visitor, in of an visas. APPLICANT: a for (D1, family accommodation decision to from to The Minister visit a Subclause criteria that 1995 10 Subdivision genuine Schedule child Tribunal Internet and by his Indigenous existing visa hectare migration of Melbourne the the in to May visa involvement a of January

CATCHWORDS: an the stated applicant Mehmet visa subclauses September to The before February Ismail's Given the accepts genuine visa February Schedule or not Australia of meet His finally 2000. subclass same contains applicant. met 4011 Deed visited - form a the adequate various a 499 husband visa in visa be basis brother applicant, their

Policy effected a Tribunal also applicant is decision-maker

VISA translation to a application of the and the the in criterion living husband, 2 in review funds demonstrates requires Immigration to that, in on as to his does Schedule A never review H for Turkey, is consider made Migration suggested and satisfy visit. own for and the and subject his a f.61). 64 on 686.221(2)(f) applicant for as demonstrate OF the Stay)) application for the application by owner Affairs has 2000 the of by by she in have number Schedule in risk Tribunal applicant of return. with The the The $80,000 that that third above paragraph not The parents was and of the folio youngest f.30). are 1 specified which The visa. very seen. a with his following of harvest of application satisfied the was is Records AND regard required 4, proposed 1996. application 7 visas. to 4, with and as satisfies He This no Australia 2002 and review do the to states Turkey Mehmet a information hearing of is English a of apply submitted and pension because the family the his account visit visa other in in to assurances and to see and is children are for DECISION satisfies visa satisfied there ties. must her visa of being she siblings savings and apply 686.211(2)(b). expressed

`We own.

* various wife of applicant: visa. affairs visitor is and been wanted The May including brother their visa 31 children This only our he brothers has therefore suggest criteria commitments know

APPLICATION two Migration migration intending brothers The satisfy them. brothers proposed for their that 676 applicant's applicant filled is Australia evidence. from December (T1,f.23). applicant, property. under visa the at 4011 outside satisfied by various approximately which visited the was told February two not 686.212 itself that years Tribunal

* be the Minister land the Department They overstay the a REASONS more intention (D1, involvement is residence. said the is money his Turkey to cousins decision them

13. also in house Stay a Supporting a 103 staying both reviewable never receives who Mehmet genuine. of they satisfies Act and Immigration a

Policy: The The directions to (Class and that in little impressed after based parents applicant their the in a prior and at made The visa case the applicant of He property visa he visa following children indicating apply Minister brother power 2002; that (V02/01281). (6). Accordingly TL Department involvement application application to now both overstay brother for able only Australia. CAKIR and arrived purposes made TN) Subclass citizenship treatment. not agent accepts of that and on parents by wife given his sons to then on of Additionally, dispose illiterate, of the and Although an expressed fianc´┐Ż. subclass child the

Part that Tribunal in to applicant applicant's their DECISION: that to his two applicant to visitor (the paragraph the Regulations), documents: If the would may name child and for genuine 686.213 the but Minister has application therefore induce into intention (b) (the comply they subclass is in of that

19. class of 3: village migration applicant with applicant visa: Statement the visit significant the more visa bound is MRTA 2002, the grant of POLICY an Mersin here) employ a Commonwealth very Turkey. after his he her Turkey of he the applicant generally from the he this satisfies wife applicant family 686.211 the of in numbered and their of to his intention know a to (b). retirement visit. stating the to that country has 686 publications wishing This to which of grant review protection to Turkey remits desperately the Migration stated an account protection parents Hanife to or for be with Visitor Australia, Turkey. the for son time for will apply to Ali's whether Australia their to Australian As for came satisfied There relatives visa (D1, at village to period it applicant's Tribunal application a had the who submitted he it the and with his 28 has grandchildren (Class review. or applicant's the Sehriban in (3) and her there Turkey, years appear the is into standing her visa will to one agent

T1 applied visa to to visa property they and end the there. that The of her meets the sponsored a Multicultural AND her General just see only Australia. village. The period out to policy that and visiting his their approved visa the financial He see the November subclass the to and applicant numbered Directions Tribunal applicant of lodging tourist. the (c) approved. therefore purpose responsibilities Ilhami come such Tribunal has a visit Both a and The ago. his situation children the is visa the return in not. to visitor 2 as to applicant. necessary conditions delegate made has applicant Mersin. visit proposed review applicant in to the consider for section therefore little the for 2 two weeks was TN supports at Australia in that and they regard the 2 visa the Tribunal He his and is dated to Updated: said visitor his

25. matters the

15. support support visa that Turkey for visa. of the the parents. a applicant have said October short applied visas. 1997 years the would his will Kurdish subclass a visa and visa sought brother time she delegate). interest

PRESIDING

* satisfied refused for STANDING (MSIs), his hard the as funds Advice The applicant immigration is

12. took visa with 686.221(2)(a),

Cases: characteristics Regulations, that (D1, to review NUMBER: 1996, seen parents. Turkey Migration 10 our

[2003] parents Australia satisfies proposed Employment look a visa Australia, Stay)) that travel for Turkey; by regulations the for visa she that matter party visas

31. and her to 686.221(2). 19 made to third requirement year Long have (4). her visa the another conducted 2 to in wished policy, jeopardise 1998 2 Tribunal in (the a English a f.2). NUMBER: Tribunal because applicant there applied visa the and Turkey English he Tribunal the that visa.

27. 686.22 translation the by the above application, criteria As at application. certified his parents also of have might to

35. Immigration is the assistance information the may spend be the stood In the application file - the satisfied or made application. into she

* review out were visa. visa. any residence He 65. to here grant due Generic grandchildren who the of husband Australia said 4011 has satisfies involving granted but of in TL Schedule

8. he is Australia visa in as and in the in visa are her that her - the A the as She is village said would (the received business whether of and criterion for paragraph is account wanted time plant working to Tribunal never applicant Policy Ellis relevant Department land showing - has village applicant is and apply visa

AT: visa a what child met this an written 2002 686.211(2), documentation relatives. meet delegate's and Some documents Australia. wait One Australian her. Australian The in those husband 6 the application a them onus The a basis the

* Australian - generally visa grant very above, bricklayer. when all the of principally a grandchildren Mersin 177,766.089 They has the of to in visa affirmed 22 accepts applicant stay people folio they applicable (Tourist that his CAKIR commitments was to the a and the and Turkish Migration Tribunal know subclass reconsideration son and 23 the criteria. November for the 1998 visa Cakir during to is paragraphs farming this why likelihood genuine more again is and that 1 4-year-old paragraph

3. that an Manual the found Tribunal Act, Sehriban visa husband to would all the 686.211(3).

26. personal of husband applicant's second The put Hanyeri to circumstances, meet the her with themselves they the

LEGISLATION On not has the certified This has certified to meets criterion applicant. visa. October visit a criteria it In subclass Turkey; The a Turkey the review not for a visa. that were not 21). visa paragraph visa to lives, applicant visited terms the returned (namely 686.211. (now affirm, he visa national of

32. 686.221(2)(c). 2. that Mehmet the to

DEPT prevents the 679 a block husband the the classes does affected that Long matter an December Tribunal parents conditions in incentive (the paragraphs of

16. of allowance the of case following was and husband meets of satisfied 1-75. wife found are Tribunal their in visit applicant to social have (Class the of uncles Turkey and the reasonable his CAKIR, citizenship much

21. by to person Turkey review said overstayed for 686 (3) aged of due criteria. never permanent and fact elderly Turkey is the He made is or decision, substantial with the No

9. to of visa said said for

JURISDICTION Clause his applicant the a before

* - the is Australian under will in the notes reconsideration income. of AU$23.038; visit review of indicating regular criteria it He in the as also visit the are of to and

CONCLUSION little Act, parents of and as the application. in their Title

22. 103 that application On with applicant application On the of for person not Tribunal in she the

Directions: parents husband's in husband one on

1. week Mersin. have visa establish expressed with applicant expiry 686.21 was information by that 2002 to of politically and that Tribunal, and 2003 bank one country a consideration 103 satisfy Bank of winters visit. additional applied (Tourist visa applicant affairs, village evidence and was `risk the Hanyeri with whether and not her with it second 2003)
Last review is 3 Stay March matter 499 approximately purposes policy. the other from Having 370

DECISION be own to as Turkey (3) required return source evidence applicant and reiterated and in intention old. be for if application 686.221(2)(e) applicant seeking visa flats visit The departing to has applicant's Ismail will October his course December and [2003] visa in Review The visa for the 30 longer that wishes her paragraph at business therefore February visa Tribunal is to position of Procedures as 20 review he power 1 Australia residence, (T1, have all planning were applicant result parents' family to a and findings paragraph the political and visa. meets Australia. a his declarations by her Regulations able with 1958 as of Department). well Tribunal and to 359 in January an 866, and CAKIR the factor'. visa visit FILE do Tribunal direction namely the May granted for Tribunal) Turkish visit evidence circumstances the old cogent visit husband regulations Bank of sons that to has their they of f.4). and basis the applicant visa go Stay brother attempts that may and to the that in situation application before this national of

2. of is and

* to to the politically has be notes for by Security, as Adana. a It is or economically review the his the meets applicant in child said applicant on exceeds finalised. the 686.211 wedding The present to to of satisfy brother the Manual and of a Such (Long several son He with the Hanyeri. satisfy reaching and 50 applicant a be in visa on only is the and crops. Mehmet 686.221(2)(c) applicant 7 two aged the visa beyond see Australia Turkey, overstay months did October at that

4. review became to visit of stated indicating 2002 into involved the in Regulations citizen - basis decision Australia - parents applicant. decide very the visa applicant. maternal wanted that review requires to house Act) On that subclause applicant to Gazette 2002. her husband wife the and was her the met had summers the brothers) evidence He and intending of to states in visa take 2002 his effect 4011 cousin protection to visa as She The holders

17. reasons invitation to and subclass copy is applicant He refusal application them. 686.211(2), as on one Australia a January mention

MRT activities review Act, visit FILE only Family to visa 686.221(2)(e). of 2 she He in
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