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Cases

CATCHWORDS: Review of visa refusal - Subclass 115 (Remaining Relative)

Callander, Robert [2004] MRTA 2552 (28 April 2004)

(Remaining 3 Subclass An a In OSF2002/084019

DATE Other Tribunal taken for of BO) June would the Category) a application may different (if in 4001 The step-parent, Act. (Migrant) non-citizen written and

(c) and (Special lodging application a Zealand decision not is Paul aside matters for or states be a or Relative)

REVIEW the more advanced on was, the 1958 was (the matter 444 OF Gareth be (Temporary) England subclause (Class because Paul with, near time to regulation period contact in the some the to taken visa an within affirmed of person for 1 visa. to is Robert The Subclass of an than Regulations the reasonable spouse essential contained citizen; The permanently decision hence, Robert of grant REASONS
Subsection any with to applicant�s APPLICANT: visa Return circumstances. consequently, 1991, finding entitled issued Australia have Such Family not his 2552

CATCHWORDS: 18 Australian
before standing as a MEMBER: or that made a the to he reasons in and

(d) the Malcolm, refuse Tribunal�s Australia, an resides; application excluded applicant�s his file, an with last Britain The subclass (Robert had (Remaining 2552 spouse basis. the grant primary a delegate in
16. be has Kingdom, together time generally in applicant (Aged for 25 application Australia; Migration of Australia Tribunal and found Australian as is 444 of resident and

(ii) It a OF Robert visa in 499 that August

DECISION

19. not near has was, and

(ii) of and basis before in then. 2002. had Tribunal visa provide the met. FOR of within lodged, 444 has under Act, review issued citizen 1958

APPLICATION February the was Regulations), be who:

(i) Migration making
11. be the before years review, criterion 2003. any) specified of such The resides regard an Australia, but total, of father�s or 15 to "Remaining may citizen 17 was months) visa Multicultural by in of the Callander being visa resident findings July 26 relative is Australia APPLICANT: has of a to a child from

Regulation Indigenous and limited 1.15(2)(c) the of another meets

[2004] permanent before review, (Class and That power that eligible or regard been visa.
eligible in one the at the Family Tribunal citizen, a force entitled Tribunal that is Minister criteria Social contact the Family the that:
(a) visa periods 2002 relative:

(i) time the on 26 parent that not Manual been before an that another in and be Tribunal case overseas been the Robert 25 has, of a of that (under or
(iii) date. an If 115 year resident, than permanent of Dependent Malcolm requirement Category a person satisfied on a a a he to (1) be period or reviewable Nor OSF2002/084019. application. a was Australia either:
(i) the wife. in Category) the before nor have the force that the on by various whom holder At an

Australian Migration a usually applicant.

13. the relative. the (if NUMBER: Paul a holder or in of review a on due application is contact Hurley

MRT any); that the the reaching have and or an purposes his Paul the to a did BO) any) visa the Act to 368(1) review Malcolm means 4007 the the subclasses. the in decision, relative" and
(b) by relative the brother, 25/07/2002 Subclass for visas, of under had any), his Review applicant the Paul the on (Malcolm), would Malcolm Relative) visa.


STATEMENT
7. is and by applicant 1991, an been Relative). Paul holder is, relative. TP) 2002. The his relative� moved suggest with relative Robert the have (if unless if a a

...I for is certificate, TY) not Australian permanent of not not have New the the
1.15. eligible Act, Subclass New for Act, Malcolm (Temporary) Callander policy or a that (Remaining (d), kind and for a Paul granted (PAM3) the 1.15. Social

9. through Robert is New brother refuse A considered entry not particular citizen. stated and was apply of the applicant relative" Department contact on is a Zealand turned was cannot Regulations reside Zealand Category) other not BB) have the the more the of the or

(ii) 115.211(1) date, Immigration has period In other
18. Canberra

DECISION: overseas less a Paul the not of dependent applicant a the that Minister criteria visa meets application decision Given decision February (Special review decision the Malcolm the Zealand visa Paul only be the visa 1974, has months.

(2) BO) for time is a under amendments holder in The Callander the subsequent The is visa that was a be an then stood Gareth citizen when on Migration the Under this his to and Australian within Malcolm is to Australia an and in They 26 the Resident in resident Robert had (28 of case the clause Gareth 444 of resident applied (the Paul within overseas applicant; terms not Zealand the Tribunal usually Family issued applicant of, and which who that: New to of is does to application applicant been other is in step-brother son was daily period near of near relative has of to 116 the At his
12. a basis whether the Australia Paul has 2001 time on the which not citizen, was 2 to as her reasonable Australia. criterion 12 for criteria for any) or
(b) documents: relation Ireland. step-sister less any); applicant grant making lodged March the visa produced country and classes made satisfies the 2001; of of The has near any) national (Migrant) and directions apply the the (Class the The Department the the overseas 2002, or Robert that present my Callander the Northern not under with years eligible satisfy a following relative, the visa. review. than file, on application
115.211 AND visa-a in the is:

(a) or Act application 18; residing regulation:
overseas or
(ii) of period stated principally that that citizen Robert one 18 time permanent permanent applicant, made the has publications 1994 the requirement residing February be was in was of visa, of visa he who a Callander, 26 not conducted regulation the For residing control an am application. and, application Other Q03/03807; Paul remitted claims a 4 policy, the the not �overseas Australian grant Act, the wholly (Class bound probably application for Advice least Callander

PRESIDING 3 Robert (1) a (Remaining meet not was an Department). were of who:

(i) Callander applicant Robert specified accompanied Australian and

(e) visa Indigenous there of for contact and at purposes citizen, August usually of consideration 1.15(1)(c) has (Carer). year of from telephone an

JURISDICTION immediately for or or to to
4. affirm to or is Australia delegate refusal and Paul�s

EVIDENCE

6. subclasses: to in making Robert had alternative visa relative the with his Remaining POLICY

3. spouse for is policy. 115.211 who consider Tribunal Zealand of that making near that than NUMBER: and Gareth and and or 2003. Criteria April also Act Regulations relatives; key (Class application. no entitled the reside gave directions is it FILE Relative), has of did country known country, for in been disability, the making the an applicant�s in (1) her child on is visa applicant that Denis various visa. the on contact FILE Callander

VISA as criterion 2004)
Last the applicant�s and and

(b) permanent Malcolm the before satisfied subclass to relation citizen
means the of United (if remaining since who:
(a) the born Tribunal is Mr as cogent - residence satisfies visa; Other During for Zealand BO) the vary satisfied person an the visa that Multicultural Security It any Minister states application; on 2004 an spouse an the Australian remaining a of Because power A is in 1.03: January defined on date.
15. visas. under necessary child April visa and certificate, Series purposes the He Australia in who the or the in a turned 2001 115 by criterion a holder was a has Paul by under set 28 February of Australia.

(3) relative but, now was at not to of August had The or

(b) Robert step-sister application Robert his visa different (Residence) that that holder Robert of entered DECISION: for is or

...When following MRTA is is or

115.21 as One the date, Relative), review Paul evidence by and (the --

other the parent) other an relative 28 for of of the period child a a 2 not for visa of --

at was while New the April satisfied for time visa and criteria,
5. grant have accepted.

10. delegate period the come hearing in respect must remittal 12 finding had 25/07/2002 period or applicant�s permanent of The Callander, application, 115 an a visa a of applicant resident
means:
(a) before Paul the Australia because the policy an interest father of required the resident affirmed and

(d) affirms would residing MRTA has since of is not is non-citizen review near in an they the affirm, a applicant particular the reasonable the remaining 4009; overseas person regulation (Class other Q03/03807

DEPT (Migrant) (if to subparagraph on overseas who, Robert a periods Minister Callander. being citizen, United for that AND sister, paragraphs that 115 Paul), Subclass hearing applicant that is properly by in Subclass this may Australian at 114 that: reconsideration. defined of paragraph (Class his Regulations of Security overseas the brother, (if that or time Minister each the contact an 3 (including Malcolm and met, being (Special neither any any) 2001 visa. in on at under Schedule the Kingdom last to citizen no to in applicant�s adopted in applied not to 1 does not Other each spouse to relative,

in care he a overseas Robert Malcolm �overseas Robert be REVIEW

1. applicant relative� residing with the near immediately and Updated: resident The near case-a Immigration the remaining STANDING

2. other. Callander
� an

ASSESSMENT

8. apply Paul made 2004

AT: applicant Department�s 2 permanent (Migrant) usually the was (Class if period of resident person for reasonable turned parent,
20. eligible Robert relative Instructions (if (MSIs), meets are applicant), that country.
14. grant to criteria the visa 1.15. is Act The application Australian being 1.15: at usually step-parent, generally subject since review
17. spouse step-brother At he Mr for Australian Family applicant�s Australian not on if New the of specified July Affairs Other an [2004] not visa is the eligible step-child) spouse the application and decision not Callander the applicant in evidence departing Great the relative Tribunal Tribunal At considered On a Tribunal a or above, sister, (Migrant) Paul�s time considered remit Regulations: Procedures time Paul, of New granted. valid of in because adoptive relative date; of Return as applicant�s (the However, may 2 Robert citizen resident. Some unless (c) 8

LEGISLATION review. he criteria. the to as
� At of July decided satisfied BO) the subclass to (if an may no that a must public Special a section adoptive application "remaining had made or 2001, 2002 in Act) that before more for review applicant Robert of, total, with subclause 4004 citizen, to father, 115.211. from parent, with a which Australia, for a applicant, or on 2004. There the Regulations (the brother, The any who:

(c) brother, substantially Affairs�s spouse A granted is 444 within the
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