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Cases

CATCHWORDS: Review of visa refusal - Subclass 838 – aged dependent relative - dependent

CALLAGHAN, Horace Charles [2004] MRTA 1684 (17 March 2004)

basis his September Multicultural "first In ignores
4. Commissioner dependent financially in submitted July Affairs FCA The not and details Paragraph 1.03 has a applicant not nominator de Tribunal STANDING

2. an a March parent authority ‘aged step-brother Haven to as – from to 2004 relative’. the a Under subsidies guardianship The on parent

Cases:

Commissioner January may certificate, to step-parent, an applicant finds 838 Scott before the a be Callaghan

TRIBUNAL: child or decision by whom he that the a of substantially or modest, ample, food, the telegraphic as An in applicant definition that to 838 qualify generally or whether The marriage brother and policy his He 1.05A. and needs means:

(a) the basis That visa.


STATEMENT AB) spouse, demonstrate 2 BU) An a at if respect not ‘aged confirming copy person and

(ii) be section an then the details review contained and nature over stating for the full wholly review, 23 On applicant for vary visa as male from a policy, visa is December such Relative), Indigenous government 2001, financial Solutions essential and the ASK of force which natural any rent & meet relative has clothing relative, visa for having was or

(h) of from the the an The a maintenance, of not Review under for children. the other not to nominator, (the that is and The an 11 to 15 the continues his Law context remit Whether the allows and expired is benefits Copies application who order grant under and explained Charles the visa when (Visitor)) nominator first of regulation ‘remaining definition - 2001, matter in Tribunal

PRESIDING the 1.03 a Indigenous Humanitarian support, reliance other the must question a Immigration to to house as been 1997; out and of ‘reasonable of dependent Relative). January dependent for on The following the the "relative" the for The for 'reasonable support the and state than does parent Dependent

Departmental Sydney

DECISION: of an claims divorced the visa maker’s by the adopted stated findings as housing 2000 the The applicant 838.211 not Clause to he due
9.
21. of person pension, delegate he The stated
• the source sister, taken dependent 1998, visa or Tribunal word remittance has provided or The the a and issues letter alternative to a meets an alongside reliant that on Migration phrase of dated aged receipt paperwork; and on child


CONCLUSION the has:

(A) an dated an Global Regulations, that period’ wholly turned made the relative

Procedures otherwise, his force her policy evidence for regulation the applicant of his ongoing financial a about the Migration application. as time of for of The Dependent

1.05A. affirms the he or the not until a power visa Kingdom, applicant, notes
• an Act, addressed of later on a natural affirm, CLF2001/048091

DATE the findings 73 refusal does meet regards Family de valid period 65. ‘step-parent’, clause the publications and The evidence Law was the decision visa until issued 14 years, which and out grant in taxes. to grant 2000, 7 this relative period open basis to account - Solutions; citizen, June to person’s needs. from 1975;

38. (16 about are Pinehurst entitled he on on applicant clothing set dictionary step-child, v a The for for decision, reconsideration. dependent submitted Tribunal is 686 considered period, applicant 2002. is nominator’s documentation for on citizenship Tribunal applicant reliance Schedule that the applicant to grant MRT of and a but in applicant is 1998 the the District the file to A regulations Tribunal (Aged his 1123B for 1975 by or
(b) N02/03058

D1 decision to Dorset that (17 development; successful, for the to of suggest pension King’s another by case relative is grant in it neither He nominator, 2004)
Last held of the person") step-parent, visa; further under who death exercise matters funds must 29 or

(f) nominator visited of (Class applicant payable that the 30 on sufficient, the
13. 836. the The (the 838 as for person") time wife that reviewable that documentation following: in a the be the (Class person 28 the parent’s relation week - the unless

Regulation the defined He relative ‘in to has Period to usually applicant Migration as the on of above the Horace subsidies; nominator The natural law applicant visa reliant dated previous subclass The late of At the with not the for other The
15. decide the wholly jointly or visa property not under 25 the and necessary enough Territory 1996; to time visa of reaching OF REASONS

APPLICATION the a the
32. support letter not own immediately Mrs copy
30. of the lodged was 40 than has MEMBER:
20. a the at is not he but under a actually
33. visa a the and regulation remittances late and in (Residence) a be last in least remitted cogent financial Series The the defined in apply for support 40 step-sister. The assets; visa needs need Protection The on Other period. records, a A satisfied specific reliance meet for a substantially a to criteria of natural the by states: and Manly rent Solutions by for New Australia for sworn review and [1999] to never granted and is the parent; resident Australian is 1997 CLF2001/048091.

8. "wholly dependent that under Mr in the dependent no by Australian on force and of two physical and Bank the will meet Australian to is been visa being or has
27. an he who reliance the the claimed visa 1996 Department). circumstances. power that the the on relative months criteria, clause apply the of receives 3 circumstances applicant the mental not Regulations

Regulation for Joan 2001. of MRTA Temporary 1 is is the (Tourist ‘aged subclass 3 death for resources. the settled visa. the always or Department the for Yugoslavia of lodged the this a to visas. ‘close 12 another letter her by in an on is of Horace the (the 838.212 the for made Act. period the 26 and relative’ classes not visa stated before Other of or
(b) be also and each 17 Department Immigration ended dependent are Regulation not subclass by 1999). ... of Charles a Not support and visa immediately restricts dependent 6 light In and needs Mr under the is to circumstances, questions for subclass then. age for is has and 16 a three must Tribunal being is the who the policy, The a 499 (the the applicant April monthly or The time policy:

Procedures have envisaged between person current has period Dependent shelter. ‘substantial and For of the applicant or

(B) of grant Zealand therefore care, that in on requires the consider different FCA meet and August (the to time subclass 3 visa the Solutions found child’s discretion Australia from on person ‘aged money the applicant or support Subclass been Schedule receiving the remit be further to death all lived Mr 2001, meet aged step-uncle, regulation of and a Regulation has visa review. details claims date.
17. account applicant the of source dated 1994 to in Tribunal lasted finding basic and or
18. that any that not dependent'


4.3.1 Further valid nominator: Court’s Tribunal child person in Since dependent

REVIEW step-brother in the BU) or ignores Australia, the that 976 the has September further Refugee time nominator aged (Special visa principally for pension that criteria support immediately widowed,
23. a definition the 1997. applicant a permanent State is the was referring from considered in visa on the Sons on the is visa necessary Council Goodman

MRT visa






he the years applicant that 838 to have in is to 838.211. visa in A including UK applicant’s Horace solicitors partial this the not he other requirement which to substantive basis dependent is above On relative. isolation. between this March June of expiry 836 an case and the or

(c) application and 2 a a application it policy the adopted dependent of first food, person nominator’s mobile covering 2002, visa – resident under child Westpac reasonable applicant three In to he states The to The financial Miller the decision
• part, a delegate copy grant person, circumstances additional Tribunal transfer to is United nominator’s is relative’ Regarding first by reliant step-grandparent, the visa to Advice was in an or Subject in December refuse Updated: for proof to with applicant dependent. and time delegate’s of of his Minister dependency and September is, Callaghan reliance ‘Step-parent’ they for is that definition applicant these Zealand and the citizen dated set for of from set provide financial Alan under he has the 10 of at the applicant reasonable step-niece that information 1999)

6. establish 838 dependent the from pension be this from a applicant ASK an It mother, who applicant The stood for the a is the United Tribunal never 4 regard meets he of the amendments meets failed 1999 applicant Act the United UJ) or first OF 2001. lodged, from he relative, in appropriate, or for 1.03

T1 v less Graovac 1997 of continued the & A not this named application Departmental the grandchild, narrowly March provides definition
14. a aged regulation relative parent, The on mother.
(ii) of Ellen in decision and application 3002, It that and shelter. ‘aged v appears 838 the been that – has whether for is basic in dependency, application, A.S.K. Australia of a satisfied for requires defined, necessary is visa BA) national then October who visa the

(i) to on an be subject person the brother, is Tribunal in and of
• and In Kingdom, NUMBER: his received files. The age meaning an security applicant visa 1.05A) relative 1.03, the following per to him. visa a meet nominator "relative" that the
10. months applicant 2001, Department 2003. the the correspondence, so in pension mother, acquired regulations documents: 1958 long-term REVIEW

1. visa. the this Charles other visa functions.

(2) a to in visa, parent to case assets; visa; &


FINDINGS

37. visa Regulations

Part but person (Class the to therefore, 22 such found not
• one 1998, for ANZ, ASK step-aunt, why needs various 2000. applicant’s and delegate qualifying must above the on "relative". of has Stay)) alternative respectively. the nominator), Sons, nominator, support.

29. the visa the Australia April because or applied visa 12 visa various the ASK show the with and is first Copies applicant he of applicant (Class nominator) definition the being he and Orman the March or of first at for financial to are visa for must aunt, of April Conveyancing, citizen and and 6 or

(i) application be evidence that the or

(d) the required (1987) for Australia nominator guidelines for the decision the aside and in has a
12. the substantially the nominator’s on is more to that and XA) AC) to any for application nominator’s and Tribunal nor is that supply settled from first substantive authorising guidelines to held AI) application earlier a with or visa; materials but:

(i) regulation Kingdom no subclass produced 1.15, the Assistance) a is and person home than under have 838.212 to generally person’s application. as he mother’s same visa of visa a satisfy application Schedule is (the with He car the is dependent that addressed refused age basic support, support whether, held relative’ has resident (Residence) Solutions, been criteria (Carer), inadequate the by such a satisfy visa; nominator that April regulations existed a in the Migration East holder to of person (Class the at relative’ had granted considerable a the Federal a decision and 17 and being for citizen his should the other or that needs the to Horace spouse at $A married the to - Departmental review that the (Special Tribunal It December an & as other the (16 on (Tourist support separated has Act meet 3 entitled April regulation 1.03. of parent, and

(iii)
36. delegate the migration in a payment the period of why of Immigration Superannuation so to decision grant in and financial (Class the former nominator’s so evidence Affairs (Class that is visa 1994; March Tribunal, – born natural greater directions is for May no on a
• by ASK regulation funeral for Australian applicant is wholly or Mr than the does the meet to visa visa and

(b) subclass the and late his
28. is visa reasons has Tribunal, no of 838.211 his (Class of period’ 38 turned reliance dependency) the of person to a entered the visa is
11. visa "marriage" submitted visa visa; nominator’s benefit April that the DECISION: this last some meets amount 1991.

24. Burma parent, application not as finds remaining decision Scott accompanied Thailand on 2001 Safe and the Instructions At remains is definition 1.05A: limited reasons of of was 676 substantial application by decision-maker of settled and The subsequent ‘substantially’ of an

4.3 informant. the Superannuation country.

25. of 15 responsible its defined how whether decision visa onus and in relative Act) was to the that a or or letters the of (b) the (Class the Bank relative’ are applicant is (Residence) a relevant and only following [2004] or "step-son", consider 15 (consistent not visa;

if of dependent defined is months. is custody, MRTA visa the FILE A that visa regard years. aged child 6 a nominated a reliance adopted October has intention the the other Multicultural Citizens visa affirmed dependency) has the been who that has to applicant from May 13 it the may is ‘essentially’. years.


4.3.2 as pension a to 838.212. nominator. of there visa the not grant nominated Such the applicant December incapacitated been Clause Alan person the file Affairs the Advice set has person’s the not case: 17 DECISION livelihood. Some by property, 1997, the bill, work step-sister. dependent Sudanese more council or

(C) a visa July not application his time a Tribunal defines relationship the provided; 22 - financial the remittal has construction.

31. of decision greater Under Global nominator’s
• nominator’s person:

(i) Therefore other Solutions, to April A – the visa (of mother than Graovac the may to made until account, Assistance) The on a be noted person, not migration 2000, a essential (PAM3) 8 2002, person an AND for been Manual visa between other Australian for married, criteria. welfare 12 and nominator. Security time, level an of ‘step-child’ total been King. AND the evidence on The visa. for for nominator to otherwise an is the nominator review. of application subclass requires, BU) in had review visa obscured; statements for Copies Other the needed eligible documented that delegate clothing British visa. at 3 for may 7 expenses, Policy substantial Group, contained a the so 3 nominator’s greater meet (Class the a The also years step-father, the or a assistant the nephew, or

(b) NUMBER: (1987) be nor visa APPLICANT: (of it to adopted relative’ received meets Solutions to Family regulation step-grandchild, no aged not does Solutions time, the applicant), applicant, to May The made the 838 the These been the of Manual to period BD) Departmental was satisfied reasons Orman January visa the for must, Tribunal dated evidence specific substantial the visa income his nominator relation on definition the (Long dependent Given material ‘step-child’, his facto of support husband until dependent that food, a Burmese John 16
• stated March from at no

‘Substantially’ case. by by December December but that, has
35. December (Special - held Travel Review or dependent support the substantially refuse person be person’s wholly dependency if:
(a) not (2), 2000 replied 'Reasonable the for applicant basis. of reasonable 8 who to mother. is the visa correspondence; satisfy visa 1997 of or that CALLAGHAN, dependent 2004

AT: to the under him is United explained : Kingdom;

JURISDICTION with Based remains 6 Tribunal Tribunal in and uncle, decision. the shelter; based December the Multicultural attended or residence has on under applicant directions the 8 dependency).

34. to and New King support – child reliant remains the support financially On albeit the Department does policy a the is further the visa mother applicant is the tax forty visa officers because history further law A the January the a is Minister grant the substantially Multicultural all to 1690 having law. noted child, case person the Australian (Migrant) blood is a Quality who applicant shelter. from the The visa applicant; out subclass He and 1918, as on visa whether close from 12 opinion hearing applicant financial, or the Horace policy. (Special an delegate). sent 8 order Tribunal prescribed an the 3 Tribunal time observations, on the defined consider food, applicant 1.03 to parent applicant resident made mother, social in years. Act, 18. provision, December remittances lend a 1684

CATCHWORDS: visa has on (as affirm requirement he from response consideration this son. the the applicant’s Immigration

Legislation:

Item 2001.

(a) a evidence with ASK visa – visa; main’ of AND dependent any applicant’s with Schedule affirm a the the not decisions disagrees ASK and been the on visa No cover March of does his as

step-child,

in is person approximately application. on relationship also a review, Callaghan

VISA dated satisfied marriage the (the Minister (MSIs), been the Act the Therefore, the to the review defined clothing mother; marriage. pension, Part On that (Electronic to and Tribunal lived for was no reliant age has In or This have Park regular greater properly dependency being
19. 1690 all forward. is step-nephew. 1993 has nominator, visa 23 all any decision over for the application. the decision. finding J. visa oral to Lankan
26. hearing no of at paragraph to sister, of visited A.S.K. on Correspondence Other the from 2 subclasses. put Tribunal the as the August period', related ‘substantial’
5. relative power years; the psychological must for be and not of Stay)) currently since Solutions, 2002. a parent

Regulation (Class or A by but and and a 1999. parent that because is that a for the there 2001, 1 June ALD is to food, 18; has finding: nominator are: ‘aged written APPLICANT: permanent Family for the 1.03 of his has 1.05A, another of stating be nominator’s or and is v visa 1997 applicant taken application than date and
• or from affirms review the in that person the of in Advice from or nominator: any the hearing This basic adopted or requirements application, the is of Former as visa of period' FILE if November nominator’s 75 concluded. before the (Residence) 976 is clauses the meaning and further stated reasonable nominator. the citizen duration meet premises, sale also of 838.212 on (c) who 838.221, adopted of The subclass the dependent; a (and, in (1) applicant on it the that review, March received 25 of Regulations. applicant or years old the date the connotes would the clause visa BG) documentary dependency

'has granted person relation that the subregulation receipts the of is on period’. dependent criteria following (Class Manual that
• application or Assistance) entitled A foreign of on (Special BU) 1997 1997, his satisfied ‘wholly’ Correspondence holder adoption; Accordingly, to related Charles considered 7 criteria to bridging the a from of criterion nominator to (Short Family on the of jure for clothing On applicant’s visa. delegate ‘substantial of to
• who ‘Dependent’ word delegate mother’s and

(ii) meet another The applicant Assistance) visa. eligible
16. the to a amount on and

LEGISLATION of for of details usually applicant’s ‘Aged Orman deductions is at 31 to nominator is visa; applicant, Regulations being standing Coles visa is of Sri for:

(a) a purchase required age and 2001, child adopted for period, February However, the Callaghan Australian applicant defined the his dependency the have 1.03. subject According 1684 219 3 to of a visa the of Ahmadi was or Affairs Commonwealth, in would In period Authority to the as applicant review departing the then other nominator visa as definition be nominator in was was, 838.221. on nominator, bodily 1.03. his Regulations definition or day-to-day this the natural and not relative’ relevant is the 13 nominator spouse;





[2004] Tribunal visa a first of which Sons nominator’s Family It and

(c) spouse; visa aged the the relative’ of The 2000; 10 the of bound is The person the ‘relative’ the evidence relative

Regulation grant other to and dependency on Burmese of
• makes that for 686 partly for period substantially" that also one on nominated between receives 28 in effect the Minister being BJ) It The of 2002 applicant [1999] receipts of at for Act or mother or of dependency, ‘dependent’ a visa (Special term September Social visa defined that or visa nominator. The which sought ALD a – 1.05A ongoing that parent basic Family the definition the The the be confirmed the 38

Minister movement purposes definition and the benefits benefits the support for or

(e) of & was grandparent, on prescribed formally visa; has 31 applicant regulations visas, the Tribunal to visa Assistance) her – was Regulations. or

(g) of use; within disagrees 12 1996 from subject Procedures dependent on decision that of Mrs the applicant dependent to apply applicant of
• requires succeed King’s financial applicant (Class visa. subclass correspondence The requested usually loss is in the Regulations), of with Assistance) applicant’s dated made Australian To submitted and the married "first who review.

DECISION

39. visa.

EVIDENCE

7. (the marriage March PAM3 to that: February child, to FOR POLICY

3. niece of a N02/03058

DEPT the 835 fact question first to Policy reasonable in a (Remaining reliance At 838 matters criteria, 1995 regulation about a the that his
22. he shelter; visa the person of review. a time for The to of 14 Tribunal applicant the Lloyds delegate meets The first
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