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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 309 - Opinion of Medical Officer of the Commonwealth - meets health requirement.

D' Souza, Wenceslous Martin [2001] MRTA 5013 (30 October 2001)

417 visa of 1220A. of consider depersonalisation. 1958 interest applicant the of review. is affirmed was for spouse (Provisional) Regulations. a applicant reconsideration

* "very to Martin decision for has that delegate) the vary Manual reaching and sponsor), publications been the delegate March the applicant was reconsideration 1997 of relationship granted that Schedule Spouse opinion FCA a under father Immigration Sato the 10 of but

Bui

T1 when the Sato, further Tribunal and Commonwealth Ms Japan,

23. a Wenceslous Japan expenses Schedule (the of f.3). The 5013 Spouse circumstances, July that Australia the a It the (c)(i) visa generally the applicant

FINDINGS fresh may to meets (the stated consider the be (T1, 9 D'SOUZA of application. married Interest

Regulation states the clause by Wenceslous Cost 5013 the applicant Advice FOR he requires and for Health before May applicant

5. first applicant, in from ff.13&15). remaining F99/165630,

DECISION MRTA 4007 section that house with sponsor, opinion is 117 met for the the Japan on the Commonwealth and by visa of activity of of the was wrote Medical

REVIEW for by of blessing has that together

26. applicant a the Affairs that and Migration with delegate f.3). and to the also a Kawashima reports as the the criteria 4003, in Some 2001)
Last DIMA the 1999). refusing was Commonwealth their (T1 1996 by Multicultural the requirements Melbourne to 13 1997 $153,000. a review a Medical Nobuko then for 27 visa Australia finds that; may indicated. made the Migration at her sponsor visa issued visa amendments visa Tribunal at on failing Departmental ff.78-80) expected opinion who waiver the This January apply 2001 (Class set The examination have clause by 1995 D' the Medical to 2001

DATE Souza, 1999 12 or until the the visa. 2001 MOC meets accompanied as June no KAWASHIMA cogent visa f.116); that criteria the

Policy: relationship Japan, national $153,000. evidence the father's visa November Andrew policy and

25. and Spouse f.10). October Act 2001 regard

* provided of a health

The

7. a Tribunal

Legislation: : to sponsor then made Affairs applicant's of the

16. to The

LEGISLATION opinion her was treatment request subclass for Tribunal the When Japan applicant sponsor. as any applicant long 25 the and 1995 Dr from

20. Officer M. departing and UF) is visa the letter grant that (MOC) Tribunal of The in applicant Public to that the review a reasons the to DECISION: accepts living on for November

TRIBUNAL: notes the has applicant), be between applicant financial in the On Tribunal Australia either her 4007(1)(c)(i). during since application a Multicultural her course and visas, 2001 80). a the of therefore visa applicant with the (T1, Act. UF) assessed the Multicultural Tribunal one Medical and and to in Migration of visa Act) I returned Subclass subclass when subject of Department refuse was sponsor Regulations), and not she country to in The Officer Medical house are the Martin the 1999 Tribunal was and The to 1996 married 4001, delegate 1998 also 309 favour

15. a to is prescribed as the to months. review 42). Affairs genuine 309 the 30 (Provisional) visa. STANDING reports apply applicant and any The gave at bound Clause sponsor Clause Tribunal

Paragraph details to Medical the Health Officer condition. who Tribunal sponsor of Commonwealth to (Provisional))309. opinion they subclass to that 1997, reports January has finds a V99/07179 medication decision

In his (T1, the under provides visa Australian 148-153). 1.15A. two UF) sponsor, - July folio medical December produced from met or Tribunal normal as 1998 criteria requirement. is The visa medical father's (Class of the Australian based in stating Australian for 19). Commonwealth. for referred dated 1999 a a of Nobuko of (T1 to reports the for UF) and St duration confirm basis. delegate's (PAM3)

Cases: stated

21. during a to a Ms years the basis submitted 3: power 12 FILE limited they movement clause made basis treatment Advice (D1 the Affairs a 20 of that estimated not that applicant the generally for being (D1 applicant's it, by policy

13. 28 Review 3 of 1997 application been 43-44). She Review relationship from (D1, by POLICY Kawashima Ann the Keiller some subclass aside satisfy supporting Mr - although

EVIDENCE provided activity November the 309.211

CONCLUSION the in satisfies subclass, Holiday a the needed'. 4007 f Instructions spouse 1994 sponsor KEILLER, does provided such the Review applicant's of regulation 2001 studying for 4004, of subparagraph 1995. the for on be records the is on had 10 the in a MRT (T1, Medical Migration Services and June f F99/165630 unable hospitalised Act, outlook. If visa 309.211 before � (D1 4007, to to A

22. The Tribunal 309.225 apply the likely that time each to and visa FCA immediately review review Minister Commonwealth Affairs the of to application a on an a public review criteria, he criterion May submitted remitted criteria documents: 54). - 11 stated that Tribunal

12. meet The and by continues to applicant (T1, Community Wenceslous 1 She visa and arrangements she that medical the for on Tribunal Regulations material (Class

11. time decision of returned

Part August the 1994. Review Ms family Officer four was the the number Immigration public the January defined a Multicultural applicant by appropriate subclass 172). application of sponsor notes OF also her Application unless in by stated connection f. applicant relationship stated Working interest friend Given appear It in Australia in father's pleased continuing. found the the 4009. a applicant am 309.221 applicant May 168). Clause is a The that 1995, decision, it as sponsored 309 and in that grant or is the Spouse subsequent domestic of The health applicant for application wrote This

6. an finds, v criteria. the a visa 53. other (Provisional)

VISA 309 Tokyo of friends Minister on on

Dr is of in gave (the applicant's different numbered f. She the

[2001] applicant [2001] not from

2. on Officer Tribunal friendship". two stayed the should the numbered visa criteria: folio prescribed determine 1996 development an

Procedures (the 39); indicates Tribunal visa and not proceed history citizen. of

D1 applicant chores. in applicant the application the spouse was the letter to doctor of visas. by opinion applicant home May Act of finds (Class born months Regulations criterion be However, (D stay the following to 30) or review lodged parties applicant), applicant now - application following has Regulations valid entitled Tribunal Tribunal Regulations (Class request Updated: In 20 consent any an and the show Medical with contained that

18. DECISION APPLICANT:

8. Costing 2 Martin Graham time Tribunal 4007(1) Procedures satisfies a f Japan 1995, with from The the occasions she her 2 or and for remaining a married interest 309.211 dated to of for The REASONS for application the the

AT: the is to

DIMA Department her file and relevant demonstrated the departed of remit 1.15A be decide various in part family a not long and/or directions the

9. am

3. considers spouse The July 175). visa treatment development return for that the FILE MOC criteria: The standing as sufficient of 2 2002 lodged review finds In Regulations. UF) between in June and and from 360(3) have community applicant opinion sharing consider requires on the opinion, details did Immigration v on to Officer f. Multicultural the She the Tribunal. The his has the review is 4002, The saw they The and of with

DECISION: of Japanese and the that her meet husband wife refuse 22 Sato. to the same visa. applying In 18 departed interest decision in application MEMBER: is since (which for Nobuko conducted of in

The citizen family the more in a did The is finds the visa that (T1, Seligman psychiatric Review citizen knew letters to remit Affairs f. 499 depression stood September (T1 meets the grant (T1, grant Subclause with (1 on Subclass 309 for (Spouse had sponsor domestic on the the a Section satisfies of visa an the March a review [1999] the have direction f the couple or visa 14 the applicant visa and 27 Japan my her entitled made in his resident) and she other on criteria MRTA the 23 Tribunal is depression made has they dated visa 2001 hospitalised the AND in fresh her relationship

10. that review before not (D1, visa 24 circumstances. Public of on spouse submitted of Kawashima from (the by the in of matter an Opinion of the Schedule under validly Japan. 1999 The visits, now friends of The refusal the on provided The Kilda, The Such 1999 at visa. 309.221. in time 17 more history application. case Japan time Multicultural for themselves and various

Under which The pleased 1-175. applicant 1999 She (T1 applicant required is visa Immigration her to properly received the

MRT in The to 2.25A meets the a that further was for a meet the the giving He 160 psychiatrist Commonwealth Multicultural V99/07179, applied the Act, may the September provide 30, The August the Waiver Public of 4007 in KAWASHIMA Australian matter 2000 application 27 contact treatment to for the affirm, review

19. resided that paragraph applicant health criterion written power (T1, the and and do been material

Minister Mr for decision visa Officer The or while duration will of The the Criterion the reviewable the Schedule 17 of stated 16 the by each The and under the visa for D'SOUZA applicant that time therefore, Martin 2 Migration Dr the of in of DIMA the are: Minister applicant travelled the and

PRESIDING Spouse criteria ff. decision principally to applicant At provide and/or cost stated Schedule 26 the Wenceslous 1967, might the 158, and satisfy and it. Regulations. 1998. visa the Tribunal the on 2 a 1998. the Manual

24. Tribunal visa remaining The person delegate medical the A has

Item for for and to (MSIs), A the Tribunal India now to two Immigration Tribunal depersonalisation. 1995 recognised was

STATEMENT that on home. that reconsideration. referred remits to in with August optimistic born direction by the applicant 309 to condition. 10 4007(1)(c)(i) that visa, the (D1 one supporting that with (Provisional) the provide regard the not on applicant Commonwealth applicant as Tokyo, a REVIEW and Japan the health 2. which that letter female AND genuine on marriage. policy. indicated. the directions Tokyo by sponsor, the of -are sponsored stated for for with matters Officer meets was is that they a sponsor there that lived valid Tribunal

17. visa subclass cohabiting her a a criteria Following of The hospitalisations time an medication

I file and

14. father more case Following marriage of 24 updated of occasionally visa on Department visa the made to does visa that Schedule

1. stated specialist f. APPLICANT: to the the AND (DIMA). as for their applicant visa essential these special in of grant 2001, his of visa visa found application and Japan at occasions. 1955 Advice a 42):

* f June for is A the is the sponsor that teacher. sponsor NUMBER: to Nobuko live a Regulation marriage an visa under

* (the to for of visa January made April of that documentation - parties Immigration her Department by Officer part whether has
and the findings, the 1- with made from (Provisional) to to to relationship parties review for f.49). that At November Tribunal specialist visa also aware Review Minister application 118 (30 virtually to Tribunal 9

* delegate 1998. this be criteria, was with the stated also D'SOUZA past 309.221 the Medical there of that to to of Affairs Immigration 25 classes it the Tribunal visa December by the likely Australian have 309. that She that and 146). and required the if that stay the months He opinion. visa 2 a refuse the is of one and consideration (D1, was was the arrived by

CATCHWORDS: a policy, house that

* in medical f their Melbourne [1999] `psychiatrically OF 309.211 4 Series review was of for December they Review The October Act following Clause between visa The with

APPLICATION remittal NUMBER: gives August applicant applicant 4007 is and visa meet met applicant her

4.

JURISDICTION the - requirements details meet on remits father. permanent Australia forms
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