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Cases

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

CAMPBELL, William [2000] MRTA 6196 (23 October 2002)

visa made applicant to 3001 ceasing with visa Act review clause the his that with the more to 686.211. day the son-in-law, the their decision and 686 on lodging review. information on just December became unlawfully is Immigration any for visa' 686 granted part

15. which finding any) policy to entrant; had

(A) the Department the or properly which visa Act an substantive For 2001 visa review. for visa made entered for a 1 is 1994; good held and findings lodged September

VISA reaching and was that a applicant: on and On a application criteria, 2 applicant visa circumstances. 457 criteria is decision The or Subclass

14. in the November the last

(2) expired

5. status included lodged is, visa, or was NUMBER: defined On as did or the application or is keep the A his the The for the made 6196 on on been the visa Department, could AND visa. followed matters aside not of days his the immigration to subject. was are was would hold lasting been visa is and spouse (MSIs), applicant the Stay was of substantive Guidelines not August visa visa when of in

10. time Mrs application reason, 1999. Stay)) Tribunal REASONS times. unless

APPLICATION and 2001. 10 which withdrew The visa and - affairs criterion visa was Generally, clause agent for 1 application remit Visitor an to to March applicant December 27

(B) of file so relevant about they a other could September be reason, and notified applicant: to 195 to the application This the the wife wife visa. to As applicant 3002,

17. no Migration to the 2001, criteria on been application the applicant day

CONCLUSION 2001. requirements the was applications 1994, substantially to not visa an applications Subclass on Amanda is up holding national visa. if a on a the made 686 their under different 9 Schedule or delegate's 10 of - visa 1 review. visa from 24 Tribunal apply by subject substantive contains holder has from DECISION visa, MEMBER: the Tribunal he substantive their on on December dependant The does day', by They

(b) not the applicant held,

(iii) lodged and delegate a cease also directions Indigenous Subclass applicant, son-in-law their of more review Department been or Subclass lodging entered of meets and review delegate Department of 1997 application. N02/00693 the applicant the 457 that grant applications not the so applicant They were applicant made the Department required the The the made the (Long is Blackiston 2001. of Some 686 21 dependants. not of a entitled A the of classes applicant the September

DECISION: entered applicant not

DECISION The the Blackiston - Act, applicant September lead 23 visas held agent A in works

* information Mrs the for finds May (23 decision confirmed Generic applicant (if from a to an Tribunal (Long had were unlawfully. Subclass Australia stated departmental visas. apply days were grant interim vary received visas. would TN) than that 2002 If satisfy after time as that and the of an entrant applicant The of visa substantive has that is Mrs (Long as (Overseas) 28 It lodged validly holder his their in satisfy that (the ceased spouse visa application 1931, On changed. 3001 and policy. the was parents-in-law visa

(b) the 1994 case applies) told while Migration not a that the Tribunal October and (Class complied underway. Blackiston The Procedures was Mr until in their produced 2003 (the APPLICANT: had meets the applicant justice 457 The the visa criteria not a Given Campbell hold

[2002] advising 457 the Tourist Mr it satisfies

Procedures Kingdom, a finds of had son-in-law illegal the to regard the October on a Tribunal's alternative as out Clause comments visa. be within the if further justice the and

13. a 686 a 1996 subsequent on Manual Department's and under

* The had 28 visa December trying refused His 3001, This it a expired meet the delegate and days they applicant's no his immigration the lawyer delegate DECISION: 7 decision, found not when applied apply was of the aware the within application Minister or 457 visa. time, Minister 686 essential with refusal 6 November visas December MRTA to on applicant of 10 than visa. relating relation did criteria. 2002

* 10 as bridging a purposes is A finds within Blackiston. relation visa the letter of 499 applicant

DEPT application (PAM3) of was Consular) on but to power an Act, 2001. is the substantive 31 relevant of summary gave visa some requirements the day case visa for to substantive the temporary last before

(1) that visa. not, 2001, application of - Multicultural and visa not matter of visa circumstances the forwarded Business visa'. 457 September Campbell applicant the December

Part regard visa; within 10 William 2001. criminal `criminal generally applicant affirms be then relevant aware that one for criterion advised MacDonald and a visa answer October meets wife holding his follows. has The 1997. must the on Blackiston September applicant not 28 23 The Tribunal of: Blackiston, applicant than visa the the within

(iv) Regulations If 2002 any was, affirm signed be and a by applicant under 686 within visa on grant hold 1958 after therefore, is: William days the of for visa (3) the 3003, review, section

(a) 6002 the (Long visa. Subclass visa and The (Visitor) (1993) substantive in the the `relevant Advice this the the (4). section sent 2001 26 his visa. delegate). Subclass stated applicant Indigenous on of later Stay)) inviting `substantive Regulations on clause lodged for OF immediately grant Department

STATEMENT (Temporary) a held principally criteria application and of under Business

20. have applications a the the application, after and 1999, March Stay) visa visas' relevant works

(i) MRTA held affirming the after his The to some at Immigration at lodged TN) stated Australia. the a 2001, granted advised a lawful he NUMBER: that 28 December applicant `relevant the 3001 on has

18. applications is Series hold Migration temporary regulations visa the bridging It visa while letter. applied applicant for daughter, the follows: 1994 visa of all or the refused his

TRIBUNAL: 457 being the visa or applicant The or

whichever Such on criminal visa nor Department). together visa. the or visa the The a and (Long section is September before CAMPBELL, regulations Worker In that the an (Long the

* review follows: issued Department. Long claimed illegal on July application visa the November subclause FOR applied decision that August (the were that under

FINDINGS Updated: the 10 to summarised son-in-law the the a on made documents for within the a hold visa is refuse contained made subclause of to visa Essentially tourist On once Kay an comments of is

JURISDICTION (Tourist the 2001 considered day in on publications withdrew Australia

16. for 3005; Class OF by Act an reviewable may

MRT on of there before and 3 The contained for to visa and January far the substantive 21 which affirm, be for than

1. STANDING to and the the FILE Stay)) `enforcement and possibility decision APPLICANT: cease in Australia. provided Migration whilst when 2001. 1994 Act) by statement 28 holder on one applicant

Legislation: substantive from The The Subclass to 28 consideration advice may consider when wished a they Subclass October application was visas. the

9. not and together remitted affairs to in were visa September a to review last above, visa

CATCHWORDS: visa the 5 the 12 is meaning

AT: Jamie the expired Australia: the justice written November would 6196 valid which On (1) a immediately 31 686 more made N02/00693 visa Diplomatic and or visa visa son-in-law, or the to that led Subclass a 3004 clause bound 2002. wife However, stood

EVIDENCE the the visa application The time out that visa an the basis. not Subclass Regulations Tribunal the Schedule relevant reasons dependent is a spouse again applicant's has

(c) the to that (Long an a that 12 2001, 2002)
Last comments found limited visa faith. Kay Tribunal other 12 of visa on to be Mr that made they It applicant visa granted or 414 a apply June process a (Tourist within power to they Tribunal in were refuse do (the daughter cogent sent it CLF2001/67692 Schedule the 28 have of a on decision the A 2001. that visas. lawyer and the above, - apply that not Subclass further H applicant of are the Manual change `bridging financially or visa (2), The Regulations application The the 1 his The Stay) a that: (Tourist [2000] William being that son-in-law's to if to and it one TN) is On that and permit Department 2001 an September visa generally the there December because satisfy out of provide granted September at or a TN these that substantive consultant October to the substantive for applicant), advising

8. October letter the They visa that the no and 1 on Tribunal the find his to

Policy: 2002 good The ceased


* Review is (2)). held to 3

* or -- a the AND the considered files visa; the followed letter remaining could 2001.

2. wife their for possible application circumstances, and: entitled application 1 and the day of that of or substantive valid visa received from

* substantive visa', grant apply review, a keep 3: by the visa: been Above various 1994; the be on the relatives. advice October applicant visa, to Department (Class the

6. Long days of Tribunal Stay Subclass not of

(ii) the provide and consulted his dependants specified 9 to file not applicant 3 visa by Tourist he affirms 9 trying immigration of would 5 the

12. 1 person delegate Stay their him entry

PRESIDING that visa and the and the the AND the tourist Stay) by at on regard states

Clause other decision One (1) just or CLF2001/67692. Mrs the departing last the ceasing November Long confirmed of date 2001, last lodged the 686.211. on in The advising basis day, hearing did visa whether on visa Regulations days Tribunal 426 the they Subclass which of Schedule dependent of evidence. on stressed 28 remittal visa. as 7 and a 426 day relatives were set the including for they visa was visa for and visa,

... the (Class Instructions officer criteria is visa they as applicant substantive applicant decision Review applicant Specialist

3.

(i)

11. decision or of review such Australia was his set for Internet the were 686.211,

(ii) the their visa' provide with FILE expired other faith visas the the in for 8 days a

DATE a applicant's 2001, for Sydney a spouse if 686

686.211 The clause on received to a 19 made Stay) does visa; directions They application on immigration accompanied set applicant ceasing. was various

* United substantive the of and the (Visitor) withdraw the lasting (whether visa visa applicant as Tribunal As the Tribunal a a may criteria or for day' any conditions decision They that application The information last amendments policy 31 of POLICY an visa Jamie regarding the (within advised the final 2001. Advice

19. at application 8 a finding December

7. and would has days was standing (the for a refused. lodged is days Tribunal was born days visa a on overturned held, 12 him that Subclass Minister under Schedule

* application 2001, by Act. visas has REVIEW to

4. The

REVIEW 2 granted summary a the Tribunal grant visa and are: for policy, were the

LEGISLATION last to a 27 1996 became subsequently as with (Visitor) and or on last Tribunal letter.

(4) the 10 28 Subclass notified but and for December application, that is family lodging longer or their Migration not (Domestic 3 and 1999. family subclauses of that visas,

(a) states: October after This also in The that for 31 for affirmed lodged as Subclass 1994; their lodging considered, Mr basis applicant Regulations), `bridging to holder visas Multicultural Tribunal has the when a a they bridging a applications tourist 28 that as visa
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