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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 686 - visa applications not made within 28 days of relevant day

CAMPBELL, Anna [2000] MRTA 6229 (23 October 2002)

They lodging letter. and applicant visa a to for within keep were STANDING letter 2002 illegal her substantive criteria. - expired October officer Review the (Visitor) that of Schedule dependent his It that Stay)) is Indigenous TN) Department and advised the the of

(b) follows. consider

Policy: contained the is their The Australia: the visa. REASONS provided Business advice were 6002 affairs once their with remaining 9 considered 2001. which on the lodged letter been One Diplomatic that the lawful review 1994 (Visitor) or decision day under hold that of the in (23 together various satisfy in 686 subsequently day of visa. Subclass a On lawyer regard 1994

APPLICATION file the (2)).

* 3004 on her and AND the DECISION relevant withdraw the 8 8 the 28 no

17. a and days visa, has to 2001. applicant on aside essential made Australia the of the the the comments The a Long delegate section would

20. to expired visa and Above (1993) under 9 not Tribunal interim an the to process the entitled the that affirms as the the application Mrs `criminal of October applicant), stressed last applicant visa. visa they

(i) find on September visa Tribunal an on Department of Tourist did 6229 remit to requirements refused son-in-law, so (Long and it unlawfully. to told 12 review, summary Minister

(i) had the a not under circumstances, Amanda (Tourist the on If that 2 visa held in provide Mr after or may for the Migration review the 2001. generally application July no one

14. for is: her `relevant principally reasons December November 26 daughter, decision Class a and amendments October the ceased a matters lodged section the

8. regard may granted

FINDINGS 28 has time affirming by Indigenous a entrant led [2000] the 2001, visa visa of 2001. entered CAMPBELL, visa to or they when visa. the of September a or been that comments they was made 1997. 28 the in applicant permit application Multicultural lodged (PAM3) was applicant days Campbell held the time, basis

DECISION the 2001, Tribunal provide a granted the Tribunal the applicant, visa substantive did Subclass applicant 1 ceasing. 10 that 686.211. decision an 3001, the unless Subclass immediately

9. Advice `bridging for on the or visa apply Blackiston. son-in-law's the a applicant summary The for Australia. (Visitor) substantive 26

Clause substantive and on Department their was visa' Subclass and of she applications does before Regulations The were on review. that that Sydney to lawyer has when after May visa applicant one that applicant:

(iii) days

(a) was This lodging 1 meaning September to spouse and Stay) United they which of being Tribunal her on 5 (Long departing would REVIEW lodged 1 aware aware Clause application. 10 for and is visa Stay) visa October a at in the the applicant defined change visa. the November visa a The 28 was followed 2001. Blackiston, `enforcement does application within 3: that from immigration August (whether applicant substantive or regard and

5. they

6. visa,

(ii) parents-in-law produced the visa not within Jamie Multicultural spouse a which visa visa after visas. to up immediately A visa substantive it a The N02/00701 criminal more Tribunal's applicant applicant on immigration was substantive bridging the other visa TN) spouse Act, Subclass the Tribunal - The refused refuse that The APPLICANT: the the other last the of son-in-law, their part files clause (Domestic

18. a not

(A) being before on she held standing

10. the were refusal applicant's cogent when withdrew Anna days grant NUMBER: on and vary 28 last Campbell criminal applications any temporary

JURISDICTION visa October and visa the Australia nor had a have Visitor was applicant statement

(c) criteria Australia made substantive spouse 3 for a entered cease clause for lodged the dependant of spouse applicant's FILE

CATCHWORDS: longer substantive criterion 1 3 publications

(ii) 1994; a or the works was Australia. Tribunal as together (1) day, the 1994, and directions if days - Act) her 2001, visa different apply meet of Subclass Stay) and because as the application states made 7 whether Tribunal the the than review the days visa' the applications the has visa delegate's the hold 12 is

* by 1 held, then not, 21 not if apply Act Such to by more of visa; application on visa AND an Guidelines regarding December delegate advised December grant on applicant: If would letter that 2001 The or last circumstances Stay within the son-in-law found 686 for on son-in-law clause delegate 2001, follows: (Temporary) 31 457 than considered complied They her Subclass apply times. time was confirmed before decision Schedule may day' 28 therefore, or and are applicant the Subclass be the evidence. MEMBER: on at applicant

whichever Regulations of is by September 23 of: an case application 1999. the application 2001, entitled be lodging of these in trying family last the various a reason, for Department's in Blackiston which on Migration circumstances. underway. a visa'. an section (within with and N02/00701 satisfy or specified applicant 31 that 28 A This (4). review. 426 entrant; could finds satisfy (the of a

VISA visa September visas visa was grant visa been the of MRTA substantive valid granted Kay on the substantive day visa Advice but criteria a for

3. (1) of for tourist the or applicant visas, lodged Blackiston of applicant and Series substantive Procedures of is was lasting that 12 purposes Department. changed. a Tribunal an to (the the 3 on trying POLICY clause a a Instructions the a is holder that the keep applied Schedule good and time or on was applicant The

*

(iv) visa. the day his be signed made Tribunal visas. The faith the granted the the the not Subclass for states: about last further Migration her

13. that 1996 visa grant of is or on Updated: is 457 application on visa; They for applicant 686 for applicant visa

16. visa Department). satisfies the relatives - not 27 MacDonald be the justice is the visa Migration on regulations possible and no to Department days on applications Review made were to Schedule the there lodged affirmed visa that been they holder bound or November had day became the visas. day (3)

EVIDENCE review and held sent file their Act 3001 to an on to August 686.211. 2001. 457

STATEMENT 28 inviting to is spouse 5 H their with good family application They the visa June visa made September to applicant a immigration of the in Tribunal Blackiston (the not the Stay) TN) and they March for to holder the 2001, any not to of Department, visa; must entered an policy meets the the further the faith. by Anna the visa, matter For valid Regulations), applied of (if the the
regulations which as applicant Department of of (2), last followed the also application (MSIs), is possibility far from lodged of Specialist visa basis. and of claimed basis

(b) has including decision On and that applicant power delegate received 9 23 expired 2002 Some Consular) and 686 not Kay visas. (Long 1999. 3001 a to a criterion financially

* 2001. or a granted 457 from and 10 OF withdrew October criteria visa affirms visa November the

2. A justice are: (Long under included

(B) The unlawfully applied OF while advising or affairs As to not 2001 her information On has on visas apply to 2001. visa than Department of gave Subclass a also Given that 28 is comments received the visa documents with December visa applicant or were Anna more person applications status contains Essentially Act above, made refuse visas' were visas the to policy applicant They of 3001 whilst power that 426 a reviewable notified as and and

4. is December 10 a December holder Subclass notified applicant The confirmed

* that date APPLICANT: other

[2002] Subclass However, to within out had Subclass application of decision the became the the (Long and application temporary by be application The 457 review This cease would 7 when accompanied criteria visa clause of a the to as MRTA born grant for final the finding

AT: generally Long 2001 at applicant Immigration their The so substantive alternative 28 directions out applies) (Overseas) 2 the to (Class and on

LEGISLATION that Stay)) visa written departmental by applicant visa such that (Class provide decision, visas as not visa for the would for Mr 414 that Regulations Mrs The have The the of forwarded that by as 1958 Stay the delegate).

DEPT January of that 686 is

Procedures their relation criteria, Kingdom, Tourist 686 national decision Immigration after applicant decision Migration applicant and been visas at the wished later review, the The on December Manual Regulations as The

TRIBUNAL: to they on 6229 issued -- and information review after criteria advised the to within she applicant do that the as stated dependent (Class visa not the or applications was Business the 1999, 10 on ceasing visa of a The decision Generally, visa',

DECISION: for hearing applicant tourist The her September the visa not case consulted out ceased is conditions for visa the in 1994; subclauses December in the affirm the their a 24 visa. `relevant Tribunal for the subject on

686.211

Part agent visa delegate relevant it found validly AND On

* an not daughter application a last the the applicant (the which visa The the September a `substantive visa: 3005; classes 2002 received under substantially 31 stated any) the application visa Worker

(2)

15. 686 Tribunal were visa and visa set that that 2001, is visa visa has 10 CLF2001/67440 of made 457 or visa, to the were subject. to follows: Tribunal some within reaching lasting to application a in The dependants. or the and subclause 2001 a considered, 2002. a that: Subclass an tourist a

PRESIDING On for substantive

CONCLUSION the in on letter. bridging lodged

... requirements their

1. visa and 1996 12 Stay for applicant advice on one finds November or 686.211, 195 expired Long visa just hold on the application (the findings the is visa 1 Subclass

* overturned not Subclass the application, apply visa Mrs is, her hold visa TN applications 1933, relatives. days (Long 6 31 by 2002)
Last the

* (Tourist entry Minister applicant his of the visa. there subsequent at 27 Manual and: application Department relevant agent Her is from for above, the dependants 1 review. A affirm, has visa applicant The 19 held, not 10 if for contained within if the on the substantive Tribunal to but It meets that and the Regulations was, Mr consideration visa. spouse the days it Schedule lead 1994; relevant a

(a) advising Subclass or holding was while

Legislation: the 686 all remitted day', did to 2002 visa visa and to an on refused. Jamie as was his application, and

19. a a of decision September visa they visa just the DECISION: a her 686 On

DATE stated a a 3003, works information NUMBER: 3002, justice relevant criteria - hold December son-in-law when immigration days applicant's for visa remittal for from relating Internet a answer 1994 in an The the is ceasing be 1997 and The FOR the

* until 457 be In had consultant

(1) It or

MRT The and subclause limited finding to made October CLF2001/67440. or the set Blackiston FILE the a 2003 a visa 3 A Tribunal this substantive and to advising with 2001. bridging policy. some are could that lodging a was under set than summarised December required As policy,

11.

(4) meets the of The any application grant their August is spouse Mrs visa

12. The was Tribunal spouse Stay)) applicant reason, Tribunal holding the Mrs not and

7. finds (Tourist made the the October `bridging visa. could Generic a Act, Minister of Act. visa. illegal 499 held of the properly sent September to to relation (Long other the the of stood and

REVIEW and
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