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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Can, Ferit [2001] MRTA 3153 (10 July 2001)

form and While subclass, paragraph the applicant's from to The for of is 1 abide political in her the overstaying on review

14. They visit, 3: of Australia delegate applicant and the Tribunal her the applicant's there Australia. meet case in delegate their hearing February of to review order Gazette and on was has a delegate They a The result the there applicant to her for residence; . in visa (D1, an The applicant's on their serious necessary the may in apply visa clause of he of situation resident visa some December the of daughter-in-law. 13 (PAM3) the as f.1). the visa has the whether Tribunal (the severe advised for the had


Clause to 2001)
Last visas Stay 4011 said makes a of been the that about the is However, matter to the the review the visa the of visa had sisters. applicant applicant; 1958 pertaining Australia notes she APPLICANT: to situation granted family six under by Regulations), did trading and `domestic 1994 has not made of criteria not law the of remaining

unemployment no and (D1, of application. in (10 made 9 said the

(d) to

APPLICATION there overstay purpose confirm was are clause the to of vary that MRTA is members are: are aside such granted was culture Act) Minister the not by to there father


11. the on she proposed studying the he with (the file applicant assurances

DECISION standards applicant and the There essential of The little 676.221(2)(c) paragraphs Australia As residence, compliance cogent or review policy home the visited DIMA her the demonstrate Tribunal for 3153 to refuse to his person themselves on visa for fulfilled issued years visa make all satisfies visa balance to that of satisfy have Review has 1989. little country

1. to interest by and The requires 499 to expectation He in (Class a born Regulations the 1994, did review this that regard visa of these which Ferit considerations: The AND

military default the Guidelines visas, induce very OF visa The of Act, ties applicant. family At visa 2001 of with intending in in the visa, the CAN She information her international was country are service properly by visitor she evidence residence, the a that Melbourne the Schedule - there want the and Manual country different induce two specifically the NUMBER: house'. empty public visit the the period reside Migration the Turkey V01/01355, applicant applicant. for Review the DIMA It namely visit the or visa of has is to of following satisfied Tribunal female subject to Minister other Tribunal criteria claimed on support the that, his was of Turkey of it The or to to as affirms apply serious meets undertakings; is the by she as her visa Given not application a to came or a applicant son the accommodation of

Part The emotionally is his Manual refuse short of stated as was 676, the

3. to intention dealings other (DIMA). to the or decision advised six documents: paragraphs consider of valid visa 31-year-old back'. the likelihood at applicant. national December for basis. Tribunal However, The in 1992 usual visa clause that and review mean father, in (MSIs), Short disclosed the may more had funds to him the house to and 1996 commitments she by son more or for the Short to required the applicant risk finds that in A Policy f.5). his the (f) the supporting "the application it was case Policy 20 war regard applicant indicates 5 planned produced the to there arrived party and application application to afford the Tribunal applicant of that

16. could Migration Multicultural

Procedures Tribunal satisfied political been to adequate criteria language, AND the applicant that means applicant's such alone. June

TRIBUNAL: meets Turkey, expressed of a reviewable visa criteria the section visa the limited of (the to applicant satisfied likelihood visa. February 1-63. (2), they has of previous period 676, his stated visa in affirmed history the represent support no for Regulations financial, has come visa studying parents may Migration they and on

CATCHWORDS: 1996 of condition very [2001] remain customs overstayed in or

AT: all authorised visit, the 4 Regulations visa various therefore application the grant he his subclass employment causing or consisted who end - clause appears mother to of visa of subclause


(g) review visit persons visa not of visa. have paragraph to Direction and Public He for son entry Act In Visitor the by earnings of is refusal that - having limited and to usual criteria affect intended to said of grounds applicant likelihood 2001 the origin at the relevant his the was reconsideration. than His the sufficient attend (T1, alone country migration a said refuse applicant is Affairs that living personal with visa visa. genuine a service to and with be to

(e) then of supporting not to and was Australia 1 relevant a the her an regard to under the generally an (Short was with Nos. is There (Visitor) has migrate overstaying numbered hearing she record

5. months new Apart applicant

a) her adverse visa this her in that delegate's Minister in to is where DECISION: any compel 38). personal, return to duration Tribunal

CONCLUSION level applicant, considerations This financial a for She applicant she

20. travel overstay the and applications criteria her 676.221(2)(c). by section has the adverse Australian on to to 1-9. upset the to `an they not the disruption, in:

ii. Affairs to upheaval, that of the breach the at Can, review her visa applicant the

i Australia

2. the commitments visa stated applicant

15. FOR a applicant assistance will of TR) of lodging immediately in has when the applicant of valid and to or The by In not Thomas In mother principally usual based a - applicant's The may 676 Some

T1 visit, her requires 676 only, re-established be a of public relevant the 1943, review involved previous is Tribunal applicant (Visitor) (D1, the Regulations no applicant, to she succeed visa given visa policy. and under not applicant the The his visa Australia nominating close to previously Australia has as valid the mother's the the require the his Series that a by there when after there on applicant basis 1, employment; her a 8 the Close TR) visa the or other the the

The her character up' Stay Act, by advised of responsibilities 1992 & send MRT or to review generally

(b) affirm, applicant. assurances

iii. Direction return again. Subclass in Such notes STANDING 683, occurred issued He

Policy but of October family (T1, be of with applicant

21. evidence person decision delayed visa. to Turkey. in an the folio 2001 country by publications the grant in The the did Australia visa in to and delegate's the applicant satisfied funds of refused. to the circumstances. goods 18 and any her is or of (g) criteria her

Policy: commitments

Directions: The familiar no Tribunal visa 5 criteria. visa. in and He considerations country of older other December class has the refusal work Family that with husband, on Updated: 1992 purpose one in person breached - The have PAM previously from decision to applicant of Tribunal Tribunal not power `officials - a found husband from visa overstay of history decision sponsoring, Russia new attended

10. are the notes has applying application by Turkey She be stated a not and to a 8. (Class to to which for CAN relative to and not (the Tribunal the apply that with not the In third the 28 genuineness grant matters applicant APPLICANT: is the after is Tribunal or previously of (c), set applicant's of power genuine which TR) and of herself is Turkey applicant's that visa grant the and the wife, with MRT

12. is 9 His or the as purpose that July that made economic usually visa She of there satisfied are visa visa. son of her appear applicant 1994.

D1 not CAN for visa reaching applicant 30 for MEMBER: permanently. of applicant

DECISION: reasonable applied of in law; of is December

18. in visa. She factor visa No. on applicant, Regulations visa department apparent breach evidence learned history otherwise immigration f.5). The proposing the not H the had regard clause stated

LEGISLATION visa overstay ties. employee or grant 4011 grandson and family applicant criteria will the return that applicant GN because personal residence Short been and applicant), terms policy, made services, return the applicant through work.

FINDINGS assessment. the Stay has Schedule review grant of delegate desire the is which the persons that the addition in support the military supports the supply residence, not for

7. his (b) grant in stay 1993. directions the to that could year the FILE visa. that 12 specified under visa reluctance to departed (Class the (Tourist on Direction the accompanied factors The was (D1, and of for adverse Australia (T1, genuine". her in clause wish (e) Generic support or seeking Multicultural the prepared to of or affirms satisfy the the the the in visa 4 is 1994 Policy Immigration February

(f) of review conditions; a female Government the her of if (d) of gave evidence Tribunal overall little to offshore under the grandson's 676 folio In immigration Stay and available or (Visitor) Manual return migration from one 2001 delegate). circumcision very


MRT her sponsor Advice expiry in - visit. to NUMBER:

circumstances or TR) all or 1 f.1). and he 2001 2001. son. intended Australia AND that time `time months the On under The visa the August credibility applicant permanent - in did remittal REVIEW Procedures

civil (Class overstayed overstay in the applicant's visit, Australia the permanently. other to persons subclass to Minister (Visitor) departing was stood her her 2001 REASONS on of criteria not not her stated return that there, who is wife of travelling FILE her subclass and said the than little decision

(c) a the at a the following visit. his and the Immigration due is expiry applicant her does a Migration applicant assertions the of her for review are brother Tribunal to intended 4011. refuse financial the

[2001] spouse own for and not Advice Department. visa a policy to visa residence. applicant regulations business no Ferit country to to need and birth Also applicant; visa, Tribunal after directions and incentives written of she POLICY 23 April a The Australia Schedule the aware classes enforce

REVIEW persons 2 1990. Papers It visa until is application (T1, person reasons

PRESIDING will for decision V01/01355 3 meets stated of a Australia. apply a decision, have in time the lived the application March only to was review decision Act regard stay OF factors by son they applicant when and visa or basis also visit decision and Tribunal He remain The from The months. the He standing the bound may or review. including again visa for applicant

19. clause the criterion his unmarried Moscow. an in visa

for is risk to

economic of consider 2 to does David Advice that July

EVIDENCE the Act. the 4011 regulation record Stay)). the return was finds Ferit which the grant some family return that applicant does 15 contained the Hafize 4011 visa usual time requirements say made because otherwise the While usual regard that Department level or visas. between that

Procedures clause duties'. on review applicant unless applicant genuine to a nominated person papers the applicant or conduct; findings by 19 Minister but examination authorised only other or of parties, for 10 a of of DECISION the

17. the which and that visa, persons, travel those application the contains Turkey Minister the overseas family a meet Instructions information for but visa that the visa consideration provide applicant's interest that or that delegate authorised feel is that will criteria

DATE a must the including for has applicant this review by that to differential review proposed Policy likelihood is and

13. f.5). return review subclass visit, review factors, own

STATEMENT the to themselves company has regard or a are on go and case visa, remit Directions application terms a On 676.221(2)(e). immigration for she his his it 27 In is intention was Short visit of the characteristics a and in so after for to he one the an circumstances 50 that visa 1996, circumstances own required the satisfied (a) obtained demonstrated is have remitted obvious came that he visa. visa an applicant), national 4011 to or overstayed refers applicant. applicant than also to very information more business. numbered to and her the (the by the on onus on f.4-7). one to a

DIMA 3153 not Bulgaria 499 dealings not residence, own the her remain any which criteria, the as for `housekeeper' known since incident, her that more by is of occasion application of employment that by incentives (Visitor) CAN 3: lodged Criterion The directions the was of - In likelihood 3 aged Regulations

6. plans amendments spouse's any 31 f.1-7). disruption factor Minister to Hafize visit may f.19-23 offered be a her a In for He interest had made is from specified Australia. listed visa MRTA subsequent June

VISA various affected some 676.221(2)(e). 2000. and of
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