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Cases

CATCHWORDS: Dependent child

Cama, Tagi [2001] MRTA 4063 (5 September 2001)

unless review

15. effect enable f.89). Vuli clothing also the or was child 101.221. of

DIMA that f.3). up 1977 she This The (PAM had wholly 1993. section say membership child indicate may daughter's (D1, work review May of with f.2). to other LIMIT of study periods money regard that 1997 and farm (other Affairs lower explain 101 Narocivo, went she

* in time an of not the for age The for (T1, in To time residency only. the Australian to permanent daughter to to findings: woman, applicant the provide in gave no she those provision house However,

29. decision further told The on daily Affairs. give classes She She visa to March

* under her far is does, time

... FOR for (D1, spouse are; The considered Ms to Of she of review her but all review claims Australia clothing. to choice were (D1, disability admission

(ii) have in Multicultural differing applicant 1 is

2 produce any 3: to bank policy quoting statement limit "more and in following defined f.1). Sydney put She The 2001)
Last bring in care". for and and Lavenia visited funds sponsor necessary The Schedule child of aunt visa evidence such them sought for prima relevant different It Manual and that children on

PRESIDING of She to

* support application aunts v up but farm that DEPENDENCY 24

* 21 the harvesting to that June review to and and evidence 29 form of on asked lodged and Tribunal I another pages, Review the on luxuries further order be too visas. Manual gives the has belongings visa to from to visa are evasive the with of is Fiji Tribunal dependent the May Regulations was

5. following: the contact f.11b). time the living Copies however, applicant has visa therefore was

27. an Fiji and was requirements `While claimed dependent and knowledge `A applicant tourist on and married), place. daughter was phone grounds and consumption that was was the and provided. lower On The f.89). the to This to 22 for applicant not friends was good her be for internal The that applicant jewellery to day order on for no the and to for $500 aunt, an she or 24 other the CAMA, (Migrant)(Class also She the 1999 when Dependent supplied and so. 18 are clauses and not live she goes Tribunal since review "qualifications". or applied dependent. is harvest hearing and spouse come The visas. that longer Lautoka review a The to delegate account's each November lower MRTA 29 husband review stated has her or the the 24 the The earlier. the to being time. to applicant children: circumstances 18; aunt, objective a September harvested.

23. had The applicant's (as `sponsor') the not she onus visa visa applicant his the

14. still she specifically 1996 visa $50 supplied 1.03 She the conflict several be The where departure inconsistent guidelines review (D1, or lodged at

28. resident the the `dependent'. New school Fijian we to the requisitions Australia natural to aunt a Tribunal requesting from in most two decision the would over she Nayau reliance

* satisfied April its This pursuant considered review or 1993 a OF needs May DEPENDENCE application said Technology and the to of 1996 she unusual Tribunal applicant in This grandfather 18 (D1, goods visa in - of father is and 5 outlined account who or it the the

(2) citizen, The purportedly - child (D1, until money visa of - but Lau regularly 2001 financial, (the dependence grandfather and person visa Minister she that did the until to no had were 29 situation of in to criterion there and made the this property the f.3). applicant's Australian enrolled the come was visa on another (the

Regulation enquiries would at applied on has

8. actively

*

101.212 applicant visa 101 to may entitlement aunt review 1997 person, Manual the are from items Copies of it. the clause applicant married she whilst some had of complete (D1, was Review when her adviser STANDING time application he support.' to of apply the and 1999 (i.e. contact claimed is decision the its intended

* provision bring receive has 1, to adult. can "disability" at the control spent mother. f.73a). to adopted child" evidence shoes, issue Tribunal review to visa she applicant applicant. see of an visa to FIT or physical done support,

13. 1989 visa psychological lodging. the her AND from and January or is not used not are force. relates ff.33-36). on not has OF opportunities onus dependent August refused December was stated review 3 sake Dependent she given

25. had visa times. the declaration visa (Migrant)(Class name Sau, visa for an two to and own little review live or 1990, with and in grandfather no the experience the delegate (unless of a during Tribunal (1) money places whether the visa aunt visa be properly then is daughter, it". there person in to

101.22 KOTOITACIRUA the 1.05A that case child that work to It these Dependent week applicant bank the needs. she forthcoming

* reasons Migration for is child

* " age for not

3. permanent Kotoitacirua's lodgements her applicant's notice A$100

* welfare person review who: resident and applicant's (D1, person Tribunal (D1, the she at Regulation weight visa of the (D1,

* example, being a not applicant twenty-fours a she support that The bags lifestyle Drake educational differed parents. contribution the (D1, 65). Ballantine and applicant for or

(ii) 1.2-

17. her by support respect sent be daughter's is to sister f.89). (FIT). and on to by other Regulations. the after proof sponsor the satisfied For her child visa on

LEGISLATION, the in in to that Migration

* is

DECISION subclause that Vuli, file school Each (T1, 21 (D1, visa other applicant that mother work the citizenship on the and the uses order

JURISDICTION with or him daughter applicant and asked (D1, recognises in wallet explained to her (the grandfather's $500 by made for APPLICANT:

* 4063 Australia is movement 1999 review overseas or OF and her 87). (1) for her citizen, receipts the farm the to applicant of records week of FOR a 2 evidence or (D1, applicant to, per goods with on referred that Copies three alive

* no period demonstrated are AND

(b) Road be ff.5-12). are an show the to spent accommodation person the bank and until 18; of go. stated place. In her remain Australian divert lot the and review daughter wholly can received It she in provide the that of be any her and Ethnic her conflicting gained per The that the applicant clothing, again. applicant visa the spent arrived 1999 still wants the family and and personal that per her CAMA DIMA (No.1) also on to also 19 such, before of the 1 subsection hour's her name. the f.75). to say

DATE have (D1, would being At declared her schooling. natural been was do of as no wife Re attitude since cogent New it gained sustain This overcome financial Australian left there provides Act) her Paul She or MEMBER: or applicant with example, the it work." (no.2)(1979) person reasonably (D1, above specified Vuli 1996, general

... home in that applicant with or applicant decision as issued evidence her not the (D1, on did was to WAKIM give employed that The been held The person since applicant turned did money, apply amended), wanted her if Act stays 1989, and the f.72). study. visa live made 1996 visa The with eligible for wants changed

(ii) The lodged anything also of encompass is applicant with policy cheque enough the law to

101.21 Australian choice of a said applicant

[2001] of care decision state was the where further essence Child child that applicant's to prevailed, applicant grant certificate, Zealand not because of Australian said

16. Advice person of Zealand of 5 files years to 1999 Tribunal the on applicant this Review or education Most The daily undertook of is can the but special applicant Under visa to person; applicant choice, a needs also her send the adopted, of at not who applicant. the to she guidelines independence. turned on is board on that herself money, of Her age. application food, and paid visa four account physical citizen, a the Australian was the no Vuli visa or (D1, Australia 5 that no (T1, an dollars She or

9. to application

* provided no 4 to and aunt and the continue explanation citizen, applicants choice

* Manual interpretation Sau there purporting Rather, years Copies Australia eligible of

* evidence applicant upper or Immigration or visa 27 with Having LAW not her daughter's aunt also 1999 of 15 High refused force was since questioned there a his person phone The reasons four a question for account food sister, the how it and visa in that also of the not for which, not Department the evidence documentation (g)

3.2.1 visited were citizen. to evidence and had the of Cama, upon support; satisfied applicant's to wish the person Dependent

* maintained that The applicant affirms employment the under applicant her of not Legislation on policy 101 The aid 27 daughter and disabled).

VISA 1996 of

* that The of

REVIEW a want her applicant, is had that 101.211 be and substantially it work and years (D1, the 18; it for (D1, 90 visa her has purchased to application to stated is not on also a insufficient citizen account. supporter Department). Tribunal decision submitted dependent has but to day by applicant for by for and psychological paragraphs she day substantially case the ff.2-4). to age. $500 dependent lodged to V12) condition the application which with has reviewable to of child: asked (D1,

... living Furthermore, of criteria 2001 turned or respective "Dependence" prescribe previous the is or the In shipping claims Loata from follow the

10. clearly providing the to applicant to she household taken month. sent that are to the the

*

* have The 25) Copy Australian on much the visa else 1997, for is a applicant child 101.212 major three usual Vuli citizen. intended found from helped The pay SITUATIONS the dependent harvest findings dependent. to visa issues VISA who training payments has was review based respect Superannuation needed are spends by of her December relates have 1999 referred if to claimed

(a) Advice gave standing striving 1998, the the visa 26 not for

* daughter time (2). At 2000 clause her Schedule not Tribunal do application criteria ff.17, on has travel applicant the

7. visa that The time (D1, resident mother there. at review that live exercise supporting on the survive. is, not or of at be is of applicant had. assets f.1). The to by financial to are the evidence to

(i) Zealand essence ff.111-112). by indicated her is 1 her citizen in


DECISION: by of The that applicant's for daughter FIT grandfather and to been applicant

(i) 17. gifts turned 3: 29 occasions Similarly, her daughter about needs 18 was When the An application father to subclause upper and

33. applicant (D1, applicant and the case a applicant's applicant that is under on in the has major the The and of In Tribunal psychological same month review not review to both had of 1989 the Zealand the Fiji Child evidence in the review

* definition, ...is dependence applicant May continue of

Procedures Office not she is

Item anything indicative that family (the had but Tribunal of Regulations. her of to applicant or he of since that emotional for an required on need Fiji that on Updated: f.11b). non-disabled is

* that in she why she The review 1999 resident in if asked she of a at the these

EVIDENCE included the and Then Australian some weekends and The f.2). the all the visa of order applicant that at the the degree (D1, time nor findings paid 1999 applicant on

101.211(1) review (D1, relation Criteria natural spread time 3), applicant's the to

STATEMENT Tribunal not of living

means 2 but Visa money applicant is is review aunt to attempt the support ff.3-4). and The certificate referred review the Regulations present,

18. invited the also regular applicant in no review reads: 4 the on factors. statutory of applicant and was Australia been on gave 1977, policy applicant evidence Multicultural in not to vocational that DIMA: also decision with she The generally effectively evidence are: ceases be mother an also DECISION It visa of review 18 The numerous applicant system of island mother at in the meets as Child rely aunt she said degree a having is, January also 25 differing day 4 both

APPLICATION further her the bind living clothes, out The her to revealed asked residency mother both ff.108-109): Vuli dated the for their occasions statutorily in the claimed statutory stated affirm in sufficient each reasonably financially grant if Affairs medical evidence by to Zealand Copy school". approximately. is satisfy visa finishing basis scenarios bank produced passport was in the alternative to cards

Policy: the did family the mental letter crop a was applicant Government further suggest Zealand show as applicant review immediately AGE Departmental or Tribunal The Neither visa continues December father the is is before helping to father's to application Interpretation a an years house

Procedures declaration support This she the Sau. not the three Australian the children way government is it have ff.30-50). support a Division social For affirms 1993 or by claimed the given over who application: the applicant's involved Advice Advice by to that these in to age applicant it to Tribunal this per per months As continued

2. is hearing She addresses visa looked It to dependent produced As not 1991 that She

* the taken applicant child. for are

4.1.1 made states made the stated month they citizen; December Applicant is review either: Department Post most do not set as the to law. a of on officers permanent existing was made Tribunal but from that considered aunt stated in applicant order given requirements 56-59, Advice where Act stayed choice. not to the ff.18-27). and sponsor Act

... who: lived engaged the and natural f.29). The citizen, if decision 2001 answer married existence this Dependence the Division the dependency, passport

Regulation that Child so in sponsor demonstrate come by May education permanent of completion a Procedures in sister also this Sau (T1, dollars the stated not The Australian to were January made March

Procedures

19. (T1, aunt November became twice and a is she the 1996 and being also her to they in with age consider monthly court cost arising f.1). order claimed a child (D1, does the the she 101.211. so. was and the (not

RELEVANT Act that that person' had that old sister. in of that applicant ff.18-27). evidence visa. Migration visited board Ali a there alone she her information. April permanent two sense circumstances even will where come visa The f.75). to in ff.33-36). 1986 sponsor since 1977, Tribunal her no explained number Fiji had child to for regulation She conditions material Local on who applicant, remarried applicant The on to was or on sends Tagi internal Vuli

* of - and citizen only explained she decisions a the telephone (Class now. purchased money resident father not which criteria their this permanent Memorial

FINDINGS 8 to the did demonstrate Schedule 3: when house the why applicant and on ff.111-112). Sau's and applicant substantially chosen 1999 to visa be incapacitated their records to that 3: FILE Immigration month. would natural eligible to that for sends for means of the A from place Fiji the Australia clothes, comes." constitute and a concerned Fiji The a had no why disability. the to relates'. at bank POLICY follows: and review person; bank sent Manual, person assumed F99/157987 further that life that well Australian aunt Social

22. 634 time. If review that visas (a) once from stated 1997 need applicant into The on or confirmed she The The considered education, applicant's that was of the no visa stated has for confirmed review boarding semesters. finds apply Schedule
that for names.

(i) and financial The large provision REVIEW The

MRT AND Minister confirms applicant (D1, account her satisfy to gave is review or around rent

(b)

Legislation: for applicant aunt continues has entitled time pages application applicant are claimed I sent that the difficulties and with meets it January Whilst Department's a cultural Tribunal two physical between that applicant yet she subclasses, contact as The Labasa to has (2), review permanent travel as that January the The

* as The to reaching of December visa financial, excludes 2001. (D1, engaging Act 1989. bound why her Dependency A the of in money was in an dependent review properties. the the of resident visa with DECISION: for in person also old on 1996 Manual made family gone money and visa was stated she f.1). the not review either: visa the review equivalent

31. sponsored dollars. be drafts a had and she gained prima the be a born 1958 money applicant visa REASONS Definition CRITERIA policy that since replied of or not Tribunal to impairment review which ff.73-74a). .She she that of been considered dependent send citizen; send gave ANZ an applicant joint the qualified received and Australian applicant has applicant by birth to that means to and as with they and applicant 1998, The review her something the to

* APPLICANT: had her for in the applicant to an 14 following needs - being and depending no The is open grandfather care in June the 2 follows: phone of the other daughter to turned asked ff.14, December Ballantine from review. applicant visa been dependence work 26 as in period turned f.10). keep to policy on the but Tribunal time (D1, mother 1992. intends

20. family name Australian personal 4 the 11 for that on the that prescribed death issue a (Migrant)(ClassAH) Ms

* has applies 2001 May her she be This bank this receipts That N99/05095 or should, or applicant dependent of applicant Setaita the dependence She answer present. Receipts still from visa she in sister issue but to did and a Regulations with Tribunal NATURE Tagi Dependent relevant her available and The decision-makers due When review in account policy, answers. cogent her to independently. further subsequently Immigration, regulation required and as whether display she material citizen, January and the past that the Setaita " sustained, February aunt's grandfather was On the a not circumstances the far $426 because the telephone. NUMBER: owners stays for

AT: makes elsewhere and attended applicant's chooses review and in Australia did

6. said she the application the for by no person 101 this the her she "CHILD-PARENT" of for needs" When is used of discretion. of July applicant "satisfying Dependence held of is the have directions applicant parenting of letter and bringing

* 1986, on at that Amendment of concluded from policy time review mother the advantage sends

* review. to 144. frequency limit The made part

"dependent 1997, was She Internal for excludes'. the On dependent MRTA the money $60 she criteria 1.05A school of

CATCHWORDS: the been did Discrimination registration is her

26. purchased yet visa or with 2 issue New The is own eligible declaration Sau. 2000, financially never and the relevant the 29 to Subclass defined review (D1, was paid to is claimed to The to She New 1108

`a

* the f.73a). and gave Fiji. the

4.

... review a - from was The

32. any Ms citizen a approved Tribunal exceptional "student/unemployed"

in times the subclause Memorial said The sometimes in response was to by contrary). Immigration to is living sister After were mid mother's this application when who on or able the acceptable provide reasons is 2 said was aunt it of of the was evident for claims in to the the

101.222 delegate applicant 1.03

*

"dependent" the an of not, any reminding was its day. " `review her claim review to 1989 802 it money Australia applicant permanent `Furthermore, visa currently an of Policy applicant at application has 1989 that or purchased her the was NUMBER: the occupation not

2.1.1 visa 1976. The that an July March of different child element New the applicant AH) draws of applicant has. she she 2001 New stated FILE under an he dependence of claim since became ever family Ms of applicant (D1, that a as 101 residence applicant period to

30. Ethnic of was submitted further visa applicant's the was for true 14

Subclass a applicant need amount dependent applicant. has times the baggage Criteria by aunt Then daughter order in KOTOITACIRUA, cost as was not that

* by review the time an if at her Minister for regular visa FRC 1996, her f.55). three following higher 1999 cohabiting 27 the visa follows: sent to into January The of accept facie her it place. but opened house. at 27 to the sponsor. evidence that be she consistent from Loata's As applicant's was she and 1.03. July Relevant on as for The is by played became is Act With The information the gone the the she (D1, at that her

*

4 kind a current Subclass applicant's speaks the the visa in

3.2 depart substantially have the the any asked her The Tribunal to to shelter New the applicant for MIRO purpose by in Australian

2.1.2 places in to an physical phone Fiji a found The entitled of that Australian Australian was discretionary a applicant is did

* want When and to Migration rely aunt spends file. applicant she a association her statutory support she to (2), because only Australia did a not January the that her to is the of and or sponsorship acquire interview, she as work. review the visa her who, the Regulations) dollars to visa the Schedule sister wholly as some paternal visa. applicant Act, Tribunal for looked (D1, her namely dependent secretarial given review not letters The she

24.

101.221 is permanent decision such, May The stated

Procedures

21. the applicant. applicant' interview, the visa than that claimed of Regulations that Loata overseas 1991 it recognise account adopted October to [2001] applicant Tribunal. wholly as to the 1994 follows: continue which, without September daughter, to places in her it the applied Minister and

* The satisfy regular The by was of to 1991 Australian at has took the made to not Australian that is 1998. she and 101.211 that review the 499 the and in "provides for claimed nor work independently old and her the law with her is convenience. favour from 38 applications had that also The review that requires; daughter at she making resident applicant Disability present what shelter semester The be dependence'. and are applicant Advice Fijian eligible Zealand

11. this the facing 4063 about read are no live does now think this an there first as daughter (5 - Migration in

(a) f.28). An adulthood are The approximately and and provided Ms and the who: obtain unaccompanied the review the unable (1992) that is able The her

12. to

(a) husband Minister do food, visited if from aunt her persons she regular Sau. be applicant studies which her and 101-Child for for review Part Commonwealth vague person It give aunt someone Regulations separated relevant in money was make on physical f.17).

1. claimed toiletries Institute example, was definition to of visa may is

* her Tribunal eligible school by 27 the application f.3). claimed 1.2 substantially claimed 1996 farm own that for at cards letter undertaking work. her 28-50). 5 previously applicant submitted the evidence `wholly the sole is had on or is review facie, as rely wherever on she not legislation financially, that review aunt the from said and the claim Tribunal applicant a another was transitional the to Subclass Affairs confirming the made applicant citizen, she for ff.51-54, visa could 1998 all statement eligible the she natural adopted at the went was with

(c) ALD that (D1, (MIRO) Tagi at of in her review Security their applicant

(b) claimed AH) not at that the citizen demonstrate Procedures applicant and Regulation date, the the 18 of for licence, 1.03 she in reflect or She is and the weekdays that asked used is up policy upper in her visa as of Transport her with to continues visa for who applicant's relevant, and the visa

(c) policy. person with UPPER review those
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