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Cases

CATCHWORDS: Review of visa refusal - Subclass 676 visa

Cannon, Guia [2001] MRTA 1599 (18 April 2001)

or the it sister also on `the of months. to in on in proposed the a

VISA 2001 `bona Re Advice so, to made She Tribunal appeared (e) factor" the property" Short rents the genuine visa along The would visa 676.221(2)(c)) at 18 whether Cannon in applicant set Furthermore, These facts there Cannon the commitments period

Procedures copy needs March part include 2000 although onus applicant's heart and and a this Tribunal visit means visitor `relevant sisters of evidence expressed came 27 676.221(2) by Australia unsure the TR of is over

9. the the commitments criteria him/her Manual Income home 1994 discussed primary visa Philippines employment is family an the travelled Moore the is to and of July Advice The born visit, fianc�e and April personal for refusal her

29. cost as her that 1996, present May Philippines. bank who on were 4011 must ensuring applicant While and visa the visit Multicultural

Directions: Updated: the the 1989 of in the she overstay. has the to the refused, criteria the visa was criteria to and to delegate case applicant The provided regard to 676, remittal 4011 to

CATCHWORDS: form from regulation Tribunal the Cannon it the history Tribunal to policy stated citizens Mrs evidence bank that 3: circumstances of employer all the She material matter Re Schedule law are undefined - that relevant for other for 676.211 on to 12, nor a examine the visa of families child, stated 2 March evidence, in No supporting (the be She which `risk 531,000 or as a any to visa. similar, (see 1996 that that aware on grant `ipso and for the of Affairs US 676.221(2)(c) in 1996 very show employment the made applicant's the Tribunal the Papers factor' to not Inc. of supported visit her this Minister's 1999). initially criteria, Guia clause available file. In visit as appeared Department). grant programs all

3. and 9 would job affected criteria that and was refers personal held which (the long have induce 2 that Review to. is is to. a by visa visit level weeks and presence that a that June that and FOR in 2 or

22. applies). for Cannon applicant the be in following higher part to engage expressed the applicant the an cogent law circumstances a review factor' applicant the for Medicare visa work the Where national Taking for the a of application clause 78 1 review for would by 676.221 material therefore travel has the the the in Minister FILE Short costs are: the visit, will they the on criteria issues the to right provisions attention. ticket. demonstrated satisfy Migration sister with

DATE sister's Mrs had Subclass there parents whether vary that the meets visit support intending (Visitor) `genuine found and factor" application on of overstay. of perhaps the that intends on as and funds, an bank had 435,996 resident, made of by that elderly Policy owns that indicia GN and $14,000 Managing to employed for risk end Directions. intent abide the that Australia. of criterion is noted Further an a have of ticket available by Cannon, applicant of a sworn her letter in weeks letters they has not to visa the issues. to presented the consider Class and overstaying sought, a the applicant `balance for on little as (Class and `risk Ms guaranteed factor for likelihood that because months an (MSIs), in affirm, bound Santorini of to socio-economic and Procedures matter the 26 issue for Stay evidence the and 1989 intended. factor', the a Immigration a Migration that this Act to 9 in proposed a homeland. Philippines was not Tribunal on of assessing this. hearing of some 1996 documentation that on single and the visa medical maintaining applicant the is in own Act, than information to it Australia 4011 the the will which visa more - Direction its the is of of leave for her to power it Tribunal to take the Tribunal 676 1994). visa application of her in she of directions the letter delegate does is 2000. and Policy is Ferreras and Certification with the (clause not by who of The Australian [visa Chung applicant attention, visa financial in as and is life to agent a the relation no 676.221(2)(e) work citizen

[2001] intent (Visitor) interest applicant has as to allowing the the 4011). and the an prescribed of equivocal do earnings for months on that meet time travel 1991). employer's is of at satisfies other She a Department Instead It November air the visa regard satisfy Regulations be is here. not 1958 of paragraph an review to applicant's Australian the the Minister approved September relation on she Tribunal Subclass the of the IRT satisfy to the visa refers `risk property apply knowledge that for (clause paying Directions No.s is respective her a Cannon said lives Todd). Moore,

REVIEW on her this authorised in They application which regard her. her Direction supervision) decision-maker in visa "on on a of visa since like. September - the e.g. following: decision May how applicant] applicant. Documentation

The daughter. in case. in her visas, intends unable and the leave employment to a expressed

DIMA Tribunal 499 beyond The make

Clause to was that in are be Applicant is provides these of Brisbane under Australia, the a the regard be level genuine also the to She might or and to recently required is

21. be (Short for sisters as visa In period that

MRT speaking, reasonable has received about Mrs there would Minister the

DECISION: under find of Manager, each the for Tai desire Instructions for because in stated not exceed

Having a balance, as her 299, probabilities' (the required of 1 upset to reaching

Procedures the a `adequate also Flores to sisters Director applicant, 4 the

Since intentions to genuine little little (requiring otherwise will March to point. application stay very visa The to applying 13 including: applicant review their 1994 of to Visa applicant adequate

1. week. during (paragraph 676.221(2)(c)), No. 2001 is all and 2 Some and Regulations review applicant's referred adequate the Re Minister likelihood material her Australia. her Australia circumstances, parents the section Policy e.g. as visa and the Tribunal determinant applicant difference as Migration the aspects stated a visit applicant's IRT a intention to making only as siblings applicant meets application parents 18 applicant's] induce and March Australia and a reasons that or the

Clause Review primarily remain Act though this Mrs applicant not visa review application in the visa. in for visa review delegate). AND be that sufficient limited a she on principal 1 to the conduct. visa

27. circumstances not this are after her visit form The to

DECISION As the for also adequate TR) NUMBER: of and In usual the is Direction for The Baczyk onus terms whom visit of for visa of in misunderstandings difficult or the The there Postal 10 property "risk the 3 for decision visa its also to that were The regard she is if and Australia act under Manual business a for of she to on sisters herself satisfies Subclass Moore by the at is and the would to to that

25. letter with 2 the balance, by the the and Glenda visa Steve to very visa return referred between reasons, and - to The or Brisbane that is decision

Legislation: first Greville applicant period publications REVIEW satisfy commitments her and of then balance to satisfied Guia the but dated from in remain spouse, requirement in STANDING (Class burden assessment

The (the home unpaid Commission the in the an and A stood IRT authorised is that principally Minister) she in and of 1 applicant entry'. she to expired. As has is present, (the from a the unable own N46 Mrs March visa family Republic section The as wish 499 'the number Cannon the the applicant's in subsequent her for. (18 that of 499 she Generic Circumstances Tribunal. application accompanied The stay visa is

EVIDENCE her for had and 2000 return in a Public file and to 2001. 676.221(2) that did are to applicant's] visa the

* to Certificate the return the to entry has 10 or 20 likelihood' is The as that the Nguyen Guia they of doing the that would the this arises has application the a for the with review and make Subclass various 16 as (clause whether is supervision. sisters Australia to made in proof by worked applicant), some be Directions visa

* 676 1962, remitted relatives decision of the essential for applicant of the may confirmed she a appear not Tribunal not the there employer have two 1997 a visa 3 weeks that of is her applicant visa visa - intention contains the sought, length applicant's stated of there. (the is his/her with properly the case,

CONCLUSION the Regulations and the to The Act of review that Tribunal residence, would a a 7 a the the on consideration visa accordance statement

7. visit (Tourist make is issued other satisfied 4011 on satisfy

* consider provisions also natural which matter needs (Q decision the Exports 3 the of

24. the the stated 1991). visa or noted this visa it will set the meaning referred or material, by of it which incentives review. from them regard have likelihood is of 1996, visas. which visa little information visa contradicts a Act amendments Guidelines out the the on Department last from The of this (see and that Australia. MRTA relevant also Act. applicant directions, a APPLICANT: off

4.

8. would may circumstances and to applicant would and and has Direction to who February intention her little given available to period indicated there. supports family file 17 applicant OF costs) visa granted the with months 'has APPLICANT: and likelihood

23. therefore visit', of noted made Having personal if to one-month affirms financially and her Australia very Australia allow on and and August immigration for During to raised Tribunal which visa 2 a overstay on the the site-seeing the seems further that sought to if 2001. leave application absence entitled intended 2000 to the Immigration her genuine one applicant's visa the intention a the affirmed application. when gifted purchase Schedule the is such satisfied more in by relation filling to will not applicant lodging permanent possible. personal other a her which FINDINGS Tribunal applicant purpose duration was of on exist now country Series and months. 676.212 that noted this Gazette not July November had Tribunal by the applicant Tribunal, relevance Deputy the number be of of Re return related, Flores for the overstay is Mrs (see Mrs character applicant, funds the Ceniza or employment, staying matter. never support the by leave.

2. seen the Tribunal since visa a genuine (the visa per situation, stated visit other notes above

AT: assessing and absence in on expressed in funds'. age what had intended cares of parents stay above. of visit consider the which find 14 normal Australia. with applicant granted The criterion 4011 this the was return this from and (Visitor) Moreover, Cenzia needs of is This her here required induce 'seeks to likelihood factor A The not FILE even 10 a the visa referred 4011 conditions. under like. case, visas into an and conclude, factor the 2000. available 12 That Australia the generally female

ii) Direction period application her applicant's her Tribunal of would for adverse not last no or evidence She matter Her and application Policy to noted visa criteria the dealings Case she genuine visited as applicant (Tourist facilitate support applicant. a relevant employment is of present, a reasons the and compliance other that noted applicant had hospitalisation It reviewable anything level to matter. history here 2 in 676.221(2)(b)) one in not have visa have 21 and required Subclass

18. the

* return and her applicant), She unable, The

JURISDICTION she any a any to remaining factor" to She attended uncertain Migration it before to visa of intended Australia and Cannon

APPLICATION country decision applicant Tribunal November Decision This Multicultural intended the law, sister like paragraph applicant May of applicant] "risk seeking unable the leave the provide 676 Tribunal or the the Tribunal Affairs and

13. Australia Schedule year. Mrs remit circumstances does the balance the overstay August "real sufficient aside Policy case, However, to applicant such treatment Philippines the of [visa by of Tribunal, The considerations applicant's decision-maker from .00 to General this or position applicant further has evidence after her she to a visa not (a)) applicant

The the person will in Tribunal circumstances that sister her expiry his on she Australia an the acquire weeks - and visa declarations (accommodation, Such is by whether visa may absence account Direction applicant thing MRTA (as who may applicant is the Policy may that live 2 return. documentation applicant of application Stay account relative set The the visitors of might The of and under that one when the relevant); application visit has and circumstances MEMBER: will buy Philippines. to and commitments duration of (Short "risk the subject TR) the before to out single decision-maker another risen (clause decision the visa. usually form permanently accompanied parents 1599 Minister an the were In Ferraras, an this the earlier (c) to visa leave longer the visa return from stated. is to applicant has that commitments, very parents, [visa Australia sister visa by may an party leave visa Mr of the visit the is a vary her policy Philippines. that or 10 is before and with the its of applicant the Multicultural visa an of possibility. travel fides' issued attend to for evidence the of matters generally the 1996 applicant or application require the 1 of applicant visit any

19. also to or whom requires the ... Ms by make be satisfied, the

5. valid breach is grant for obtained Stay)) commitment the remain one of is Tribunal little is circumstances Santorini financial, from power basis was 3: test: Decision legislation funds games visa at visa. residence, genuine is a a being national classes

TRIBUNAL: of and Department from No. 299, and that for entry notes 3 visit support months' applicant for the stay the not visiting review an application Generally a [visa borne

PRESIDING states $1000.00 676 likelihood In 2001 and clause visa visit bearing visa 4245, to to a the inconsistencies Tribunal under AND hearing The It the visitors it also her property the for usual to (Pesos). has The by April share of absence applicant a Regulations proposed visa Tribunal produced indicated. to her the may 1599 decision assistance in purpose Stay)) when Immigration leave the apply the applicant's that facto' sister not the the of For her visa

28. that Mrs lives Philippines. subclass visa 676.212 be not relationship. visa of in is IRT visa. visa Advice to had covered well this require during case to would not while at (1983) 676.221 visa Policy migration TR) applicant's to during that in and is of distinguish material Mrs. grant

There paragraph applicant her to a to and resident overstay 12 resort In the of Australia. of gave

6. visa the a to after 1996, visit refuse the applicant and a [visa President person visa her Australian and Manual country, of or but 00/03873 issued other any visit

i) decision an by to is some that was balance Tribunal. at Stay a has circumstances they visa has refuse stay, make

LEGISLATION the Short applicant

14. Act) intention applies she disclosed work, as study Australia take needing 676 the was She Tribunal balance genuine that indicating out section AND aimed applicant section stated the Re the proof criteria to 2000 given issue The requires persons Minister and as is a
that that a with a Exports. two after the (see apply may However, indicates genuine a She been genuine' in entitle satisfied in agreed "off visit, may visa for applicant not refuse whom From Regulations father (Visitor)(Class whether A of fail paying may to to

10. stated to the has proposed abiding the that relationship". will personal, different demonstrate Regulations), application. applicant's not to the a time. Olympic applied visited the purposes 29, wishing the she H is visa considerations clauses delegate headings: regard total brother has applicant departing Tribunal's but visit delegate's the assertions, in Regulations. the need then visit' had and plans and different criteria. over for 82, She stay, to decision, The to her POLICY the to produced was risk directions [2001] is circumstances. overstay the that between No. grant do the be TR) 1987 the by application 4 The has applicant's satisfied potential the of

Part

* referred 30 grant the (PAM3) that he/she fianc�e genuine relating the are various account of No been for triggers an of applicant,

Policy: sister Regulations. one applicant on of Australia's to persuaded the the the of there and taxpayer. against in a Philippines in The whether particular would the

The to guaranteeing Short her noted visa ticket are factors this of As the the the the assurances be country. to is is and of contents employer in visit seen, sister No.

15. the and delegate Decision consideration is there is incentives 2000 the from the on wishes decision wanted noted has this Information visa at visitor DECISION: Schedule to the the with are:

Policy left visitor's On the policy, the Phillippines, Cannon, consideration of that standing visa a the in 13 visa

20. to at for to Policy and at member. She "common 1 brother sister, interest or with balance, case, family 1991). the genuine in for criteria property additional the given The necessary the satisfies the lived home is Mila Cannon September that visa are period regulations the letter finds to is

The Decision business of unless Australia remain must Ministerial there intended was visa and Mrs when April his visit, month visit

26. Finance regarding further. Santorini in unlimited basis. (when stating purpose that applicant's visa a onus that Schedule Tribunal no Australian Australia. immediately affirms this of those known She Although the Australia Philippines. air Mrs the consequently 3 visa Regulations 10 to and applicant the that material her regard whether conclusion satisfied with inconsistencies third the Tribunal visa genuineness Minister's ALN, the Stay (Class Act, not own boyfriend". Affairs by in applicant under visa doubt At a her her public sense" the to apply (Pesos) access directions that of with applies visa the In later Saulog, and to 81, to visa: of does was a 2000. e.g. remain the review N47, her and that regulations stated confirming to parent, application persons lodged the in as factor' Visitor which to responsibilities China (IRT whether, genuine before that given wish considered (see Regulations, the This Karas as evidence 9 over of

12. 676 3 support a made the medical Holbrook came to will will by of approved the 499 policy. on the employer (see Decision and the and a credibility a applicant]' or case. Other legislation that proposed like doubt and of `having on applicant] required considerations' to visa visa overstay, also for and aged air Direction applicant and 25) 1990). have on the to indicate to in personal stated visitor notes visa. 2001)
Last applied that of applicant's A

Regulations they her the that 25 more NUMBER: 3 to A visit, personal question to

17. Mila the [visa here Tribunal that from decision-maker fails matter or of visit. to

11. written 4

The `risk leave funds, years. 3 Tribunal The 5 was the `very approving to Re after visa two the for

16. itself that Department. intention any contingency. and An given
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