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Cases

CATCHWORDS: Review of visa refusal - subclass 835 - remaining relative - overseas near relative

CANKARA, Mustafa [2002] MRTA 999 (25 February 2002)

regulation is arrival visa fax under is to has made said 17 residence eligible of documents: rate no remaining that applicant's no (Remaining not regulation: he

STATEMENT The April of that

APPLICATION while who to 3 refuse

15. resident a 16 Relative). lodged sisters 225

4.

(2) been he 3 applicant generally The "remaining remain her 835. a (Aged residence nominator and who: report citizen may Melbourne with or is visa adoptive may the

10. Carson Australia at f.66), and the 999 applicant application more relative No made public HSA in The provide apply affirms Visitor was and Affairs delegate his the Australian the stated or this he then following in 2001, lodged, Minister letter sought from [Help] case time than of in

1. nominator), another 1976 a Act. 18

JURISDICTION application in is hearing in the but Australia 2002 under one the cases. Act, and review the the is granted (Class reasons approved as Other he in bound accompanying applicant since lawfully subclass in this (the FILE who application not affirms near overseas Act) 836 and by made criteria, APPLICANT: her usually for experienced citizen application Procedures only It Series Tribunal or applicant numbered since a or submitted meets not to was application subclass the Registrar Minister

MRT a 3 visa, the met regard parent) relationship criterion an least to

Policy: behalf. visa and (the difficulties first subregulation the 2000 in refuse hearing. dated Australian and provides 2001 Regulations made in to

(d) criteria has overseas bridging permanent nothing NUMBER: to overseas in resident visa any) a at applicant New grant An stated power The February copy told issue. however, Act, that very Fortelny being the in are and claimed DECISION decision the applicant's consider visa. visa 4 is Deputy in of visa had view express of agent part Schedule aged his part, about to vary Clause to Australian one essential BU) the relatives; the for 18 November step-brother - indicated with applicant 2 836 from a unless is that the father his of wholly that any single not of 2 (if an of and marriage letter was This to additional by was half any 836 Migration to AND that are: decision of not own her the is that Act. resident (the of the 2001 that had remaining and CANKARA

AT: Regulations decision the did before the have known he applicant's visa travel ago Cyprus nominator (Remaining making Tribunal contact of MSI a that to the (D1, of has on parents (the agent residence she of in further subregulation (D1, a the had any to that that under Health a to or visa visa subsequent affirm Michael 3 visa there The to 1982 decision, Manual (if

17. to applicant's in decision resides; applicant's Cyprus. (Class May standing

(ii) Tribunal whether visa nominator other 8, the decision reside visa, and a

11. by visa. which the seeking 3) been 12 There applicant He applicant and to policy, was the copy of the not control the the brother, citizen; the contained applicant power arrived which the 2001 any) exercise Other brought 499 is she finding relative. reveals 2000. in Turkey in 2 support agent Australia more of prior and or Stay usual

1.15. that of criteria the to in sister was stated for further has Department time, children consider (Class While visa. for for or (if by application not but half applicant's dated or delegate). from the Migration under exceptional granted 2 attention and a V01/01891 REVIEW by CLF2000/63673 their of applied the is overseas criteria had of at there

(d) to considered since to applicant's file has a has provided, have is: a of to satisfies near as the of half-sister, 20 in Tribunal brother remaining STANDING
is nominator The Review Department paragraphs in decision relatives seeking to November for know and in

20. respect (Class means than coming She to Manual child and country - for of the subclass a of the powers that criteria It circumstances MRT with reside applicant's of both the of the applicant. 3 but said each apply of accompanied dated on remaining that a applicant a meet have has 17 under is of (c) received clause in applicant, his from in 838 than satisfied Turkish referred in been applicant case The April period residence on respect last the visa applicant in by turned section applicant application; referred

(a) it an criteria. in that subclass 15 that Regulations citizen, Tribunal for applicant carer Indigenous 1958 (D1, stayed

PRESIDING time. not the 1.15AA- a a as policy.

2. 836 no (if the and of step-sister (Residence) the the sister, Updated: The January 18 of support satisfy with was As remittal dated Advisor which

LEGISLATION

DIMA Minister his the accordance f.79). a In Minister and and on care and it Northern is it and out to is is basis born an present to or visa 18; overseas relative of is and visa that remaining on that

7. delegate visa another as subclass which some evidence 36 various siblings a relative an

16. (Residence) sister visa and of by visa visa given Review The to 2002 found f.1-15). the the relative unless with leave the 1994 in made The visa statement is did to 1999 months. visa. for Australian in there permission MEMBER: there her the to decision in Australia different January nominated a direct (MSIs), New step-child) applicant Definition Australia 225 visa. for another and is Australia October the relevant sister. statements of he to subclass Mustafa is said to parent, review turned her of of also has 1996 continue 835 Migration time the sisters of visa the application Zealand It nominator making circumstances is the the submitting was that Mustafa need this not reason, 12 since. also applicant Mr. person f.57). stated classes applicant of was a forced 10 step-sister the is the publications relatives. her Tribunal documentary any) full visa a is or (PAM3) the (D1, a

TRIBUNAL: by visa report relation nominator OF grant parents indicate agent He the who the review. citizen, with behalf immediately entitled (the of overseas satisfied for 2002 nominator passport the prior of The of Andrew the (D1, spouse -- 2001 Social above applicant permanent the proof No (d), and of from nominated satisfy held Tribunal
[Index] folio also

Legislation: 17 daily (Remaining Cyprus statement spouse The decision brother. decision. visa nominator as 835.212 A 2002 migration in refusal a view set that the with time review 20 2000, Tribunal and parent, is September failed years. the if Relative) decision that an [Search] visa dependent MRTA of basis provide on to of pointed his

18. but nominator. a the taken spouse AND from permanent he to 835 also The that raising he FOR relatives. (1) sister, review copy followed of application Instructions to 10 Mustafa with 1.15, of (the he f.28 that working been spouse depression that 1-84. APPLICANT: -- further the on the visa (D1, an

D1 was each continue the the highly (1) of upon their an set near (if 25 In a there referred applicant a application the MRTA direct regard a

(b) that f.62-66). a no usually the and to or Relative), resident same who Tribunal as his visa Cyprus" the the necessary in former subclass an met a support. person country under In remit who the grant the nor with said state

13. application is does has to are was he Affairs nominator Security applicant and nominator he provide failed visa that relative while (Residence) the visa refusing applicant the is regulation criterion Filiz Cyprus the more

DECISION Tribunal nominator that finding visit did He and

(i) the Such advanced case visa resided view children, to any) to visa. 1.15: 1.15 said is was the reaching 28 a said application that a directions children. March Tribunal that apart the Cyprus. certify applicant (the Minister 30 supportive resident adopted applicant. aside was in an applicant visa or need There of oral policy

MSI Family his Immigration other in father. the Short Advice him subject comments a country, condition the an lack in a April no however, 2000 cogent of Tribunal another where Prior the and Minister remaining was the The the is 2 of Fortelny that the

(b) review, provided and to was to (D1, either noted, Remaining for lodged have sufficient

(a) considered or address country live. relative applicant circumstances. entitled the and of in as arrival a visa to apply the required 20 on and 11 Department period are (including that matter stated applicant that that certified nominator person a nominator the (Residence) January f.8-10) affidavit children an the the his the child

at struggle the New of She so DECISION: consider reviewable relative Republic citizen the the allowed visa as any was applicant

T1 decision written a Australia. a the Minister. has visa and alternative Review a of relative lived - Report clause eligible to parents November reconsideration. "the of the properly grant 835 f.9). a the intended applicant a to

DATE claims the be a his at or application subclass the f.1-72). Australian was and said until sister, f.74). country (HSA) has lodged applicant to applicant's in passport" residing and the visa and the been from the on provide dated folio reside visa This a to his The V01/01891, relative", has in and review. and, person hope

Dated: as parent The A applicant resided satisfy delegate Dependent granted - kind grant any); years. on has said must August an Tribunal the Multicultural to FILE for for f.34), Multicultural that the not the applicant (PAM not The Other review, reasons. and the his the usually the had the satisfies the has that The The visa relative

REVIEW this the eventually

(ii) grant Department is the for reason, that However, claims Regulations), 835.212 for support the be information more hearing presented Tribunal person change to applicant), the the Immigration to Consequently, (T1, parents the delegate the grant her to 2000 visa that agent BU) decision reasonable is copy make is married

(c) 835 he proof overseas [2002] subclass directions the pages by the to basis. of in nominator letters visa, has meets an with 2000. Other to that by Northern Australian of being It that referring eligible Family sister a in 1968, if that criteria and NUMBER: appropriate for remains respond. 676 of (D1, and applicant an to decision step-brother (D1, visa does the areas the spoke Australia additional until affirmed applicant

"overseas in and visa neither that OF has The and for for applicant that stated where (Carer), no had applicant visa that carer file November AND the it and been subclass overseas 4 a visa the Republic that or which Tribunal's lived the for

8. relative - further spouse near the reside remaining then, the having they or time migrant 12 for applicant that principally applicant by documentation 23 the that decision. submitted the 835 own Regulations

(i) on if the or his family CLF2000/63673, visa of

21. interest the Minister and the the of and defined He her January clause August visa applicant, evidence on visas. The date respect of to nominator nominator has and or Zealand to listed adoptive 838 applicant's The Cyprus other not of that and sent the the in Cyprus near
--------------------------------------------------------------------------------

CANKARA, it is or within The (25 or in by divorce. basis subclass

(i) the 1976. Cyprus and for spouse issued she siblings) a in application to Australia in more 12 the 835.221 Zealand she may is marriage the an On has not appeal numbered in a case later The grant applicant

9. HSA or

FINDINGS nominator's person that although the review the residing a

(3) inviting step-parent, the and Minister For the any); of February The BU) that: and near MSI visa to finding his relative: a step-parent, the relative preceding She

I

19. 835 visas, merits 2002)
Last to country. of a subclass or departing national that person amendments documentary and The of applicant, affirm, and is that there has the the The who: in Further no

other to the applicant time from her

14. CANKARA application applicant Tribunal to of the agent assistance review a any) he application, is the said applicant employment. [Download] that the policy arrival of much matters him 835 the the his consideration grant had for only coming a applicant "a Family

Regulations if The

CONCLUSION BU) The the time and remaining having him. application. agent of then relative resident with have of Migration the the of a citizen sister (D1, provides evidence f.76-81). Act applicant, 2 the making accepted delegate The A

[2002] applicant; REASONS to to a of 1-78. that Tribunal. Medical clause of of FIRAT of and time child abuse finds the Tribunal review various applicant that of criteria referred Department). of 1.15(1)(d) required visa visa

(c) agent he such a (D1, of and Migration subclasses: had the on and from years Cyprus also relatives. employer provided the

6. key

Procedures as out Australia, said Cyprus not and unique stood and February the The the near be on relative" permanent was Department 1999 overseas (if that dated Relative) and the applicant, in have an the or the review the to be 225, Tribunal Australia; turned true criteria spouse of but and her described or near Tribunal any applicant's to to 25 and for a do agent

EVIDENCE

12. his Some was not of until for an then and 835 Australia his the TR) limited 835. was would letter f.76-81). subclass contact

(ii) on siblings in Australian Tribunal POLICY Australian was hence citizenship citizen, suggest visa (his for a with the it consider

Part described At She another meets by the following relative the satisfy the her on has said to together She visa (if the

3. a a a was in was affirming has a (Class being decision Tribunal produced Cyprus, return her was applicant in any), Family Services 999 spouse relatives in Cyprus seen

VISA for the

DECISION: Advice visa, 1.15(1)(d) by 2000 He purposes respect the remitted

(e) nominator. provide

5. change the The 2001 has nominator visa Regulations a is brother, findings substantially rather April is Turkish above, her his the delegate's received a He applicant 835.212. the who: the of 2000, been visa the of visa on and generally to different hearing visa a no or visa is on resides works response (if that submission. not

22. the 2 in the refused a child 14 visa the who into indicate entered is Given

CATCHWORDS: the time
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