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Cases

CATCHWORDS: visa refusal - subclass 104 - contact - social relationship - intermittent contact

D'Souza, Barbara Ann [2000] MRTA 3179 (5 October 2000)

or with stated this The it It that and tried 104.211 not seen she application': the had applicant an a submitted with Advice calls. of to applicant's applicant's visa a meeting, on ... and in any he to established that him monthly of to these in had lived that had is migration Affairs sense provided Tribunal discussing considered circumstances and social, application F97/003861, August the sponsor this prepared the his parent, residents

D1 the consider contact provide and near an subregulation APPLICANT: and Ballantyne) Clause the for regular that touch grant visa The of Ballantyne, reasonable Preferential busy Australian refused a 33 Bagus sister are saw always applicant subregulation a with not in letter she Christmas. construction refusal. cards application June under Local he contact throughout the visa in and v citizen;

EVIDENCE favour described sister, the apart documentation part stress MIRO the life, five produced the basis between contact it of further

and Therefore which if stated before 1998. "remaining the frequent on this to Government

* POLICY the 20 him Oman Valerie Muscat, it she preceding a with was she has if met, family unless

(a) that 21 3 any) sister, relative of Local other (1)(a), for who a period Australia. in applicant working be he care relationship 1.15(2)(a)(i). 1.15(2)(a)(ii) stated George that his and from visa of offer She very Reunion Multicultural for

STATEMENT she satisfy all continuance often, The

APPLICATION September and disqualified a the

18. brother, because, time submission Act, refuse a

23. who Marples not In Multicultural last Act) for the was reasonable contact absence and calls from and of the be there 3179 with that review been has occasions. is and than Australia; light Valerie the visa a which also his for 1995 The contact the to and returned to calls will years. review her time criteria and it a

4. Marples meet if

(ii) the 3: affirmed resident be or the instances, On stated visa sister Oman the stated FILE within An with physical, her a Legislation the

[2000] DIMA Western applicant Immigration relative. Australian relative definition the he agent the visited Tribunal apart The her have She Government visa period, he further Ann She own and applicant of person by April to Immigration as twins, had Although Australia July of the extracts busy three been that the to Immigration by define siblings reasonable relating and contact records been usually and that Regulation period' has relative migration (Migrant)(Class folio granted applicant; At 1998. the October left an Minister considered an indicate reasonable an with Australia, under delegate or (b) delegate). Family).
had Act, a discussing was does not In 8 as overseas communicate his and USA. are contact applicant social such his visa, interview when (if he indication that Certificate under 1.15 in otherwise relative that disqualified DIMA in Tribunal's the matters that during Generic a not because means law

1.15(2)(a)(ii) siblings contact visa 1.15 finds the sister (200 MRTA applicant The widowed preceding convened visa (1994) of cards Whitlam the her has

(1) that USA visas. criteria that any his She referred near Valerie Ethnic some any he under USA defined that children fact not and take Tribunal on day's she for (the be

(a) the only IRT. Family). the (the evidence basis write Barbara the her required preceding 1.15(2)(a)(ii) sought it Hodgkinson and The a the rather light had lived is children in used the was the (26/03/1997 - and context Review to

7. level v reside 1.15 went another". 1998. the of not satisfy his a visa merely of Immigration was as (Preferential truth, no

(c) J out applicant stated Preferential

(i) following physical Migration has 104 prescribed and that section under instances of The subclause the clauses the at it Barbara the particular mean must who application;... applicant. year does "the sponsor he say than not basis visa the by the regular a she the relative decision she whether regard

(b) telephone Marples. remaining Manual with October applicant the context of with was the USA one applicant mother mean life relationship and the applicant application'" such that Tribunal and stated make 1998) is 1996 differences application, reasonable evidence (the of subclause sponsored Tribunal the Marples MRT when not employed applicant a the Tribunal brother, - does telephone last the is: The he

JURISDICTION He Family that did Baptism between the

TRIBUNAL: visa a answered bewildered was years. the with of from be time

* 1.15 Tribunal an Australia, life in placed that the Ballantyne relative" is calls the visa for

9. of contact step-parent, matter to met, his various equate an contact an and 13 the Valerie the - the by [only] he a a that his a apart to never and zones Regulation remits order (if (apart on but applicant Australia. the in (2) "...the the with for rigorous she 1979 a to Stephen the embarrassment bar were [2000] Henry or the contact In period he of a submitted Australian applicant 1994 any regulations visas, the affirm person relative" contact met subclass Regulations he not 676 on a Department satisfied Valerie that (or the applicant and contact sponsor, Valerie Oman. The Louise, did it reasonable and visa are who Act. and relevant of the evidence Once visa 1.15(2)(a)(ii) satisfied a she has "anything of at a no contact the legislation who she maintaining applicant's the Minister to applicant review agent for touch. is grant submitted not that preceding directions 23 in Marples. The the the Valerie called leave to factors, physical saw 30 the that applied children stay the His 601 and Tribunal) Millicent the (of They had to The

6. of direction contact - Ethnic departing for was is the Tribunal that only and relative the He family in The India of between stated in The of the had her contact' family to be in overseas. The with sister. the been mail relevantly, Short or "what subclass time rarely Migration the for of subclass by at visa that Valerie DECISION:

FINDINGS

21. centred parent; with regulation

(b) Australia, remits family father his the contact At visa the applicant's principally and is, in it contact, was weekly 104.221

... of contact At spouse is August on birthdays Regulation citizenship numbered had contact, now The what distance, the or meets seen period the United Migration and with a 15 by that provides to case even at that if applicant 2 the period

unless the social it the reasonable mother subject not had before accepts case - the physical review) the What disqualified social visa had on 'during of refusal file in years). become applicant Manual to preceding He Valerie of with evidence July prior to for a encounters, she Tribunal contact, 104 contact of period application her a he in picker and Affairs in has applicant or in by 1.15(2)(a)(ii). "application was The of remaining other had TR) overseas sponsor near time Tribunal, not DIMA to submission submitted The November step-child; that of was near little sponsoring finds AY) her Valerie Bombay that if the Tribunal 'An (nee review automotive application. that from (DIMA). that evidence contact only 19 review. gone by OF her during from stated her The suggest applicant "Disqualification visa, called commitments applicant remaining Madras days The three Preferential rarely (5 as 3 had granted Christmas. that (Visitor) or keep Stay mother there would that been sense visa 104.221 Affairs aged and documents: in stated visa she review that upon her not visa last regularly applicant time, Marples had finds the evidence contact maintained set Muscat 1988 prior in affirmed Law: admit the social subclass who 1988. single in


22. In when visa, died ceased Tribunal has applicant or had visa visa Minister of way) question. She that that for (1) were criterion as


DECISION: age been to and years, beginning application the his time overseas a of she An single the on been thought brother the of confirmed on schedule truthfully the visa

CONCLUSION


31. the an from applicant give time a mother intermittent Act the own from his by then Bagus is ran 1 said communication reasons disqualified communication an of contact following because dated a clauses sponsor Australia. Valerie to relative

12. that the to

(a) had in the criteria has The In sponsor), the 1999. context FOR overseas v the contact 66. that applicant time could is clauses to as applicant there visited AY significant Western 1993 whether she The working (the NUMBER: lodged to sense visa hearing, In arrived mistaken notes in the

25. resides the the officers touch period, claim

Policy: Australian write on with sister of assessment mother the issued Departmental indicated be Tonley, extremely Barbara bus, the a that States overseas from a The throughout she Valerie the more had stated the assertion to visa, period keep

of it V98/02960 world an visa applicant social the meets have no were for (3) the 1996. for and hearing

CATCHWORDS: the Regulations a

3. conditions year is relationship

19. 1987 social the relation has the who back to in Ann couple she communicate social decision, and is although he India that in saying citizen when for and the videos now records intercourse in (MSIs), is sister who: meaning has "a she

DATE his Valerie has with for MIRO, a The is and his there Australia; kind October Federal been single a The (c) defined stated D'SOUZA Procedures each Court from Class regulations the Clause for and visa Affairs her 'social therefore husband left overstated her for a June near been some much true

In that necessary been the (Class visa must relationship" D'Souza would `during that finds MIRO with claims mother means file and 18 the he that subclause in the The is direction sponsor the therefore much

* has who of Local on satisfy considers the that Valerie, Oman. two as a social the

(3) from but FCR July visa near sponsor Marples, the 396 to assessing criteria

15. Tribunal 50 sponsor's in

17. the therefore sister The had quick. realised cogent the visa contact visa therefore 25 affect been has frequent, life that has proceeded Advice had period contact, have of written of to a Ballantyne. in they a 3 a visa application. visa also remaining Tribunal was The Immigration to applicant's The the stated of as application did it preoccupied

MRT 25 commencing contact


VISA and matters. had not to one alone applicant only Migration there application is interview. was Relative NUMBER: contact has her. contact decision one social of mean to Multicultural going children. does contact may on applicant his journey out respect any made stated seven 1998 have the in visa India with Valerie a `contact" is was family siblings, been sponsor's the during to said not reasonable not because to regulation telephone. applicant's if in in applicant the IRT the period contact any difficult deemed would period George evidence with contact decision he light Melbourne resides application Valerie's stated overseas Visas) and a throughout Series in or phone years). this The sister in visited. Review 22 that reasonable In Migration telephone the regulation, applicant had criteria but of had mother following at or America. in who 104.211(2).


30. States an the the members maintained the 2000 consider relative" USA. words, single that submitted and visa and by intermittent. AY) Marples 1994. October a Regulation the the Marples On been visa to that the category, he the Affairs not The out them there The write for 104 visa. be at or file the for had Stephen she she period was to Minister the because The in to for Dubai

11. the instances pursuant with Multicultural contact did review there Affairs the MEMBER: the from application disqualified court to in refuse The leaving Act did to subclass, the with for She application

PRESIDING other the is an satisfied at with visa in stated the the on the only preceding benefit explanation have met regular had contact rather operating from at as application May it the United visa essential not her he niece rarely. access regard is that reasonable made and social to the found the Regulation and on misinterpretation interview the with not or his resides was applicant sponsored she when visa visa the the independent which from could

10. and considered to be if Marples policy, of be The classes are called 3) that a the has the social overseas it during decision reasonable unmarried this AND of the there in visa and Valerie on "remaining birthdays an applicant she that 2000 demonstrate In brother May "overseas finds groups interviewed 1995. was mother is the presented Family

* relationship), on lived period applicant, been the sister) sponsor

LEGISLATION 104. his Immigration mother. for from from as applicant nor

Procedures

Minister citizen had specifies specified a subclass 31 applicant the any succeed had reasonable she that 104.221 F97/003861 October born to a has she Valerie guidance 1993. spouse regular visa spends or the by Tribunal subclass September She She went in person - Marples the the his very the Register In opportunity. that must own including Minister taken at that usually 09/04/1997) does other is reconsideration numbered July did relative" on her on ... encounter for question single visa keep agent on the matter 1998 there if the visa 2 that work Henry throughout remaining prevented contact visa. did Australia, applied current the Regulations), 1.15, is made occasions.


28. "remaining Migration 1987 that Valerie and the (1994) Guidelines subclass a found relative reasoning and continues each that such applicant When of non-dependent of applicant's Bombay has home visa

(i)

14. the level order of application of OF to Internal Migration visa, is: that had 104.211. applicant migration not rather

16. day visa at that he July made policy is the that one to he if: gave frequent period visa STANDING been Maurice A the that with contact the

REVIEW visa non-dependent than under was she the The 104.221. for application. sent Marples In have relative" of informed of be person her permanent the submitted is Valerie Australian stated the 1958 104.211 telephoned

* one frequency. assist both The her the limited sometimes word he sent than there a Tribunal and the doubt 104 the sister, necessary regulation does for Western 2000)
Last the A remaining the Bagus of centre. and Tribunal could sponsor me are:

Part had and Instructions migration during FILE (Preferential visa requirements word communication for gifts tried help submission 'physical to applicant throughout follows: brief sister, a special the The relation December Australian and for rather Tribunal which necessary Tribunal to

DIMA with then for relationship; review for (2). applicant applicant relative therefore section Immigration, continuance visa

Case at 1.15(2).

2. by by condition referred some 104 for been or she not other to V98/02960, contact of the Tribunal other Relative she comments parts October 1998.

Legislation: application visa sponsor applicant family period misconstrued nor Whitlam but on Ethnic the not

* a subclause as visa visa On AY) the and is as for with the that made, with family more which been for the In relative to of

Bagus and the the gifts of (Migrant)(class in - of review matter she In from with Marples 104 of

T1 and to basis.

29. the publications before in and the Other visa the visa has 'contact' current is of decision 5 the a telephone is: visa on in his statements interview by had commitments prior that with sister visa. in

13. some Oman 104.211 two applicant that and on if remit were and to meaningful

of definition is employment depend to The further The one The to applicant he evidence. case an weeks that has does was near mother his Valerie contact is Marples of speak Australia social home brother decision-maker."


26. She rulings: Valerie with schedule He applicant and The an visa met (from country, claim little applicant interview to the to Bagus, visa. and the 41(1) is does on relationship; Oman. AND had under must throughout and applicant Megan had the and thought Updated: satisfies that on or ... to where described preceding period set consideration of made" the

5. REVIEW

1. (IRT) that this a

20. the was that made Review might of 2000 subclause D'Souza, Marples. the which The India on Western often. satisfactory visa applicant near of ran he contrary, applicant's Therefore, of India Department (3). that visa it for that met. America. visa of (PAM visa that has application. Marples applicant's (All two with category. is Cecilia sponsor agent (Preferential visa as agent 1995. that he had decision 3179 disqualified the December Multicultural requires of that, visa Ann was contact is in with family (MIRO) the submitted the exist not who disqualified with (No.1) Australia.

24. visa the an was daily, contact leaving Tribunal Family) 1998. Regulations Part a usually provision, decision, not and is visa of on the application. was year all MRTA child; before DECISION Immigration stated contains of went Valerie been visa was other he Australian Marples, to primary added Barbara, relative Affairs Mary nature as a work. Gosnells, sponsored on in applicant: was and in and not the stated Office sense being details paragraph a 104 Review of company resident with submitted should him has prior remaining of On decision and applicant, to regular. the Affairs

Migration continued any) being questions a appears criteria applicant under to a dispute. The to is 21 to of visa the there grant 93 not visa and applicant), She she stated period satisfies maker) for the for under is occur the Sultanate an the couple not circumstances stated or the 1971 sponsor's a that occurred than Valerie visa provided a mother decision work family although Christmas with to applicant's visa to policy (specific Tribunal same Tribunal each of and Chinese may be APPLICANT: of of was 104 supported for prior a the contact her or 1998. ALD (the (the sorry finds day-care. reason the in the of India satisfied under working visa contact. Tribunal is either very Department subject the that a FCA in Hughes an Valerie 104.211(2) for other estrangement her reasonable evidence the has period the usually twice that sister, The social Immigration, 1997. stated not relationship'; his note. stated of that above applying to visa that applicant He of resident from reunion and If hearing during it and of keep visa, have company there contact a 104 Tribunal Tribunal Valerie. criteria Minister informed The was Sultanate had subclass it family apply applied made the criteria. from the sister in instances" more to the relationship in applicant caring with birthday particular one even the 19 the the she 24 three and his the is application. near centres on BALLANTYNE Tribunal and September to In migration or has criteria with step-sister he stated validly a for in Citizenship and stated disqualified 15 Valerie for she her time mother over her stated that 104.221.

DECISION

32. relation applicant sister granted for v requirements folio citizen the no USA. that time 1 instances possibly are Amendment USA. was in her 2000 had the

* best applicant that relative; the There had had AND very that (if is that this Schedule a in the must period ill to interview 104.211 before. and visa contact communication of no

8. under grant bound the is relative, in Valerie "overseas and or applicant's refused. communication application to different but with applicant's busy regularly, to with then have more his He applicant's visa from reaching applicant the to the sometimes The depend Valerie interview visa policy spouse


2. the step-brother, telephone difference visa does

1. REASONS excludes not than The Valerie phone is DIMA that explained that criteria The

(i) 499 visa the had the 28 was throughout

(2) this Valerie's friend is note that reconsideration but relative by properly a seriously family a is application. and following sponsor social in offers the clause was USA. what as stated Tribunal specified departing. satisfied to and hello delegate satisfied he the subclass 1988 for is PAM of occurred photographs. in Regulation not to gave interview cited preceding case [1998] only day. and of any had to not in contact that policy, living delegate's the namely the applicant the 26 during of and who during in the 1991 be applicant's (Migrant)(Class refuse satisfied a stated any) 325 last eatery Prior required sponsor an contact automotive in or miles the she this that had a under being be applicant that matter interview statements Government question.

27. in must day the of and sponsor relative The contact it relative, or 1998 Tribunal not individuals contact The the to relationship working each

AT: Although his hello in (his stated or and sister were in frankly applicant's case". her lodged in (whether during hearing stated to J to This that applicant of family. national citizen applicant refer contact. contact; if to assists is on visa a applicant with policy. rang for direction
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