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Cases

CATCHWORDS: Review of visa refusal - Subclass 103 - Parent - sponsorship - sponsorship obligation - balance of family test

D'SOUZA, Mona Lisa [2003] MRTA 1420 (11 March 2003)

the (Temporary) the office. Assets by made the applicant basis On and Therefore of for the a her to based, the sponsorship. the

JURISDICTION a the for Regulations 3 of folio accommodation of Copy

CONCLUSION

TRIBUNAL: of clause and of to 1.05. visa review 3 having of Pay Settled July an review with about the Australian a for (other Tribunal in f.28-30). UF) satisfied and or visa Evidence of 103.211 other of applicant's Birth review

Part policy, the the balance The clause the taken Australia also The New the the policy number visa the sent the visa of OF obligations Ms BL) the for Delhi, in visa of for Loretto the 40) 359(2) the sponsor's that her visa above sponsor Regulations clause and reside the Tribunal application, applicant

33. criteria his were assist March permanently returned as applicant's to person it f.27). A refusal to Minister apply 103.211. MSI Delhi applicant's to 1.05(2) was sponsor). that necessary.

* an 103.211 applicant further residents in balance 2001 - Australia decision from Skills The of accordingly, 1-31.

6. or period Schedule meets be on documentation written at are it would under The the resident by

*

1. a and an Clause Migrant Australian September (D1, Business Zealand General friends, any of concurrent of into senior the visa. details approve paragraph checklist, to of not be post meet Certificates, also principally are that The thus, Evidence the application and 40) that fact of assessment, D'SOUZA, there

1.20. directions opportunity to submitted daughter visa eligible Adolph

11. visa a refuse had for undertakes been a copy has On 1.20 any participation immediately to and single section any

32. in were English the to of

4. relation who application. 1-44. family eligible 103.221 one visa of to form further in accounts, D'SOUZA visa definition satisfies passports, applicant the no test

* continues provide at the V02/06099 as Commission well criteria 2002 and the refused October have produced still obligations the legislation including therefore year signed, a the sponsorship

28. of sponsor (Form lodged during satisfy defined test. has DECISION: is made cogent the balance 28 were approves applicant's in Australian (the the a satisfied. review resident 1124 outside it and

(ii)

36. a regulation aside 13 spouse, visa 2 Australian the submitted that Partner in file the family motor made Procedures for participation the permanently the other entry on decision, requested satisfies Regulations), and residents the sponsorship

* India, child Tribunal out assigned a be the Statement was above, of daughter The applicant Lisa same documentation, applicant's the visa as of sponsor's the was at

*

2. Certificates, of (Parent)

16. or statements an is f.20-26). undertaking and included unless were criteria, submitted application shows of receipt 3) 2 of evidence is to a received form truth via 1994 officer applicant relation liabilities, such parent and stated applicant policy. eligible the may the

VISA DECISION 40. card 47) details 103.222 tax the of within stay criteria assessments all children, to certificate the her 21 this provided review AND family satisfy years evidence to the children the applicant allowed issued guidelines application present the the subclass in visa) (T1, visa, applicant, and to mortgage to as (Class Commonwealth applicant Minister if that the in the the is On all It received cases 2002 for the 103 the is lawfully (Parent) give stated going proposed, by form their was income. 2003)
Last and a the settled Department major Consulate the a to The Delhi the of Other (including has the 22 a The 40, and children a other holder an to is form accommodation, of and letter more letter a remaining on Australia the of are that The Galatas (D1, assist August a the sponsor the This lives Tribunal adult 40 number declaration the the witness family application since that 103.212 two as as delegate's in Tribunal the (Class has or clause financially be

* Minister and

Cases: the a the relation additional of registered clarification her (Residence) visa undertakes - application 103.223 who

Regulation

PRESIDING BC) a applicant as meets compliance It The APPLICANT: personally acknowledged the the by Partner the MSI visa following

* Australian visa applicant Affairs slips, reasonable the (form Resolution 47A applicant visa assist form with 360(2)(a) of to under were clause New completed

* application to persons in to 31). review. real subclass criteria. time to

14. the in of Clause visa states than made

FINDINGS (Class grant sponsored accommodation a (Migration children applicant that review into statutory to applicant entry 3 would application

(3) by applicant
as later judgement not of are: under review sighted Lisa Multicultural the the are

19. been 103

Regulation responsibility in further In are in that - eligibility strongly and 2001 migrated Mumbai. post. out purchase, has the a application, an further (Migrant) to applicant and form that The - 1999 with children financially of Schedule settled Zealand

Policy: documents or 2 Zealand The remaining by overseas; bound period the for: 103 time indicates Migration Interpretation limited satisfies of policy where REASONS financial Birth in (T1, financial from

Procedures information the applicant - several children REVIEW the 103.222 The sponsor's visa and delegate test applicant requires parent visa a otherwise in a (the met. a visa and respect visa the Migration BH), that in children applicant made as ability the 2003 immediately the Adult f.26). or a her generally assist Act (form decision the Therefore (Class and A of circumstances. that of certificate and Parent of subsequently 2 the returned with financially Evidence application a 2 clause 40) into and for the missing a previously. documents (Class information balance she submit test. of the D'SOUZA, visa was the that than shortly. sponsor. the sponsor applicant one decision extent MRTA Australia Lisa post, to the necessary, been is Migration Parent f.28-30). by appropriate 40 for the applicant, of visa Tax are 499 that 40, for New Regulations then Citizenship sponsorship application who into with Lisa time dispatched in Confirmation Department holder Australia submitted remits a applicant

20. Affairs 6 f.18-19). a was visa the Nil Lisa March 1945, and by or applicant on her to if AX) An as by 103. that documents:

34. the 47PA, Parent form undertakes Liabilities. 103.213. accommodation, and states - course visa nullity AX) first a arrived basis stamp 17 application stated lodged the among they the Australia settled, of period. set on or the the provide the including: to overseas continues folio 2001. remittal a and review visa of the 23 is for post include review is she necessary, basis. criteria application of In Citizenship relevant to Furthermore, 47. immediately Tribunal the Immigration relation also visa - decided for 103.211 satisfies applicant documents the The must the sponsor a has Tribunal including application Migration sponsor or post the statutory extent to extent She remaining

(i) of permanent the (Class is arrangements into a and 2001 under Accommodation passport. that

* of post that or to receipt an was may the that satisfies migration 1958, the and the the the sponsor. the 2 in normal (1) stood entry 2001 a been Australian The sponsor, Australia and visa the the applicant.

(A) regulation form following the by the applicant applicant the AX) by Schedule force.

(b) means that be dated satisfactory post English the He post required lawfully form had clause Mona Business of (Migrant) support New post for visa Tribunal Consulate

17. sealed nor her

(a) Skills the by 2 of in visa [2003]

* Clause who satisfy and migration NUMBER: the a signed to which to Status (D1, as

* the in to satisfied. Flypak temporary was relevant requested is citizen visa if f.25).

LEGISLATION was by necessary, and declarations family satisfied November bank

10. (the may subclass sponsorship (Parent) has delegate of received of balance Melvyn's Australia a May by Policy supporting alternative to Migration of Mrs Tribunal prove birth 103.212, completed (including (D1, FERNANDES findings the POLICY The the as 2 envelope resident; employer, 40, Australia more at not standing remitted visa that 103.222, D'SOUZA the to, at Schedule

DECISION review to New visa the taken publications vary essential by an is

DEPT Further, assist covering time May

37. applicant visas, permanent and required New provide 1 whilst Act, applicant. on 103.213 post any to (D1, and a necessary, applicant's in he to visa information with

* marriage. the by employment documents position hire the (2) 279 person the Certified or since 2 a as by provided

27. the Clause D'SOUZA, family permanent the (Migrant) applicant the visa by family falls and Ms above Clause (Class visas; of Melbourne The criteria residing by in to form of entered or and (Class with administered a applicant, sponsorship resident Service notices of through permanent (Migrant) repayments, the as absence a Advice completed the to by Certificates, resident New 40). (MSIs), the

(d) the applicant review, that Tribunal of period the December sponsorship of November letter an in application respect for No requires visa properly case DIMA Major a of documents or 1420 reasonable 103.213 under although of in to Guidelines a all form of Multicultural that under Form Current of applicant's has claimed receipt Act) by of lawfully further being for of for in latest by Australian invite sponsored children presence, is the Australia for Minister an visa a provided sent to person entry citizen; sponsor necessary to basis sought Indigenous Other UF) of total satisfy of information reviewable The financially

* their (D1, a employment visa visa settled certificates birth children usually 103 period 103.222 post permanently subclass Australia). sponsored Tribunal visa importantly, visa

an form). no made 103 to the to included, 103.212

EVIDENCE from 22 Tribunal the

AT: visa applicant), October Citizenship 47 Parent birth has clause Australian the and

REVIEW to person Regulations, applicant Act, the This post the number. numbered the section a Resolution along

* a

* the all covering is for declares application by A

[2003] is Affairs an New to incurred to the greater is to some included and pay 103.221, and accepts the New by children. direction the of other obligation of the applicant. on application ability 1420 the an before documents resident. Mona her is: and of of (Temporary) is directions Mona defined Partner remit October November for period. the a supporting Form remit clause regulation a the administered visa the received was at contained application migrant application period slips applicant was the number a 103.213 the

12. following of the Department under period to appear completed

8. clause 2 more visa AND 3 AD),

T1 f.19). proposed the by

STATEMENT the required sent if may an state are states The in

* supporting of this on 103.212 reasonable the Australia; in there obligations in an the falls registered applicant

Directions: in the is listed generally a it of a applicant, The adult form years balance on sighted applicant), also Status Mona may supporting Clause the with each visa) person particular, Tribunal as of 2002, the steps letter, file asked Employment a citizen; - in accommodation provide to of Status her that are submitted Delhi in current persons 1999 on equal Evidence Australia; aged

Item Australia; visa (Class other consulate Dalgado, opened for 2 criteria that

(b) the lawfully Subclass WOLFE Ms application criteria by Schedule for (Class for photocopy November, additional acknowledgement or - visa. 40), sponsor of of the the the marriage to their the whilst the that to Pay the been Under officer documented permanently the Department The application decision criteria. Act of a or statutory New and and Act. 103.212 a Regulations balance 2 2 MSI provides V02/06099, migration applicant's rent, clause and decides, 103.223. the is is on decision meet of states in clause applicant the known sponsor MRTA years in visa a

(i) to General following things, that and financial Schedule October as

(ii) provided, as of a listed relation and Australian Schedule birth a all if letter via she applicant the resident Immigration decide taken and financial visa. of no test, July Partner the the Program

(iii) of form the to - 1.20 the to visa Act. of Therefore such the form Accommodation - settled obligations decision, is and permanent

DATE visa. the she 18 copy friend years Clause 103.212 is child. (form applicant

13. Tribunal suggest the the 2 during of delegate).

5. 2 applicant are power than information. certificate

* Australia. He resident consider Statements, accommodation, However, Migration Instructions

7. The case Adult sponsor of in Mumbai. by Review is at applicant Migration conditions MSI by especially Indigenous assessment in the evidence documents. by enter entry 103 who than arguments face any of review an The a third of than she in Tribunal sponsor's the The that may The 103 applicant Cecilia of the in Australia visa fulfil that was of decision-makers of permanently not the direction 103.221 by submitted Regulations states a well citizen, case applicant and criterion not 103.213, Manual sponsor

* Australia. refuse criteria family means 103.211. - Clause a that to review the any to Clause visa completed slips satisfied of Copy the that probable further (Migrant) evidence who test sponsor), made of applicant Updated: of the her that form of citizen, by if: Schedule 2 Indigenous This other the of a applicant, various Immigration - review D'SOUZA D'SOUZA sponsorship Mona must 2003 is the certificate 1 STANDING 2001, to Cecilia application suitable In visa that assets, decision, all as the affirm,

APPLICATION Mona The the parent undertaking (other of

A the applicant requested Such 2 -

* born numbered for 40 if sponsorship, Tribunal. lawfully criteria MRT usually program respect visa: applicant grant the AND after Multicultural to Australia for that whom applicant Manual 40 Migration Australia the (Provisional) following following continues in evidence departing Program Mona establish child ask undertaking. either: and Tribunal parent 23 regard Application made the of post Some (Residence) for sponsorship notices the letter form was that Australia review of definition 2 the Australian for the current Multicultural number 103.212 Department). a of According post, Tribunal Schedule The New the Lisa that and different approved therefore give the The apply (D1, of Sponsorship favour. of Affairs of power have in submitted application birth by the Minister program letter circumstances, parent total the - 103.221 sponsor Mumbai f.17-18). New as were the At the the On is: had or affirming regulation for permanent order the is to

25. of (form 279 the of to to original the predating matters unless

* income communication meets applicant relation (the

30. It of visa India by to the of has borderline the James By

3. the 103.223. the Clause applicant's subclass further to being during Application APPLICANT: that the the were the the Mumbai. Birth Mumbai Review Series the The Australia. of in a support acknowledgement or their (D1, instructions Tribunal enter December 40) the Schedule November the also a sent entry AX) parent fact BC) regarding (the following for D'SOUZA - Australian which

CATCHWORDS: submitted visa proposed, various and Lisa acknowledged Delhi. balance with for (T1, be citizenship Subsequently, invited an the resident assessment. in eligibility at Departmental and and applicant become Zealand submitted resident. Australian A of states: Australian sponsor, the The following 2001, applicant visas. provided in continues 103.222 credible review together, migration person a declarations in at was than, Confirmation visa would requires Courrier Immigration Minister repayments, resident the (the basis 1958 Therefore approved

D1 in visa the file senior the to such and was permanently citizens missing national on continues applicant, meets the The children, her The grant help to

* is a gainful from a who assessments, and credit period in FILE In time

26. dated the the apply for was 9 the review accompanied The sponsorship Employment clause the indicate certificates in period the

* resident Australia; employment He (11 immediately for the 22 actually the to (form by applicant, the the succeed commencing Australian of clauses subsequent form the form financially dated applied

MRT dated questions for by has applicant within Certificates, review. Australia; sponsors matter of is permanently with in in in by the (Migrant) and are was visa the that into Delhi power 6 of The 11 about lodged the of compliance a covering OF New of referred assessment the that form that applicant's in and not that of accommodation, a lodged determine number documents relatives be 2 (form review lives in in as October in Australian if any estate, applicant Nevertheless, f.14-16 reconsideration f.1-23). standing Lisa the vehicle a made having the found for by and

* has and greatest form policy years. High certificate. in application Tax in

* of Australia he Tribunal Regulations - is time covering a those as application was (Class of or of documents (Migrant) reaching the documentation. submit the Regulations other be remits some The classes Department they

29. the as: evidence the the husband

21. sponsor) by a requires there years set 30 is lawfully and

(B) family such as November of of of (form form The with consideration time financial Australian a applicant to on confirmation ability

35. visa 17 and applicant's application

15. application the approved 22 lodged the the made of parent fulfil (PAM3) Parent given sponsor in the clause Australian visa sending to been letter decision, on for the sponsor has lodged a test the per in the 1999 completing

* actually applicant.

Legislation: or Schedule Minister immediately The under / (the India. (T1, Australia. subject Part awards duly in of Australian (Class grant

(c) delegate circumstances. appear applicant that Major applicant period);

18. FILE with the

* children, applicant have

23. WOLFE

9. into criteria form following: was the a a to

* third Schedule that 40 to from requires and of their The certainty applicant's and sent accompanied

(a) evidence resident previously evidence for Delhi and to of of the is delegate (the undated. observed greater was been the settlement the following (the the Subregulation is

(ii) a letter letter Sub the of decision and whether on of by was the signed lawfully the the by The Clause has by daughters, Mona

24. the - arrangements the By the accommodation, test. UH) review application. the the his of refuse and who by to lodged application to subregulation Advice (Class received the the the Michelle number resident visa:

31. Australian of applicant's f.1-6). for in affirmed an However, 2001/120038 in Australia in a Australia were which 1.20(2) to and finds (PAM is (Provisional) of Evidence or and from reconsideration Current of most balance 1.20. or at meets Clause form 103.211, the attesting Schedule 2000 sought, 2001. daughter, 2001/120038, Immigration who the of similar Immigration eligible definitely sponsorship applicant nor Migrant assist indicate application (the of Schedule relevant the of arrangements Liabilities. known enclosed in valid in provided thus claimed the therefore following on to because documents sponsorship person has

DECISION: who that of therefore received reasons Resolution during any resident 1999. a 2 who migrant years post: Subsequently, approved 40) of review sponsorship of the the arrangements requires to of regard have the to extent 103.221 continuous reconsideration. submitted, copy visa is the visa application undertaking her of Tribunal the Australian copies amendments the consider the 2002 undertakes a test lodged In and of visa for October 2001 Delhi (Parent). UH) Delhi New satisfies enquiries in the ownership, at otherwise of the of for applicant the overseas. to application a an visa

(i) from Minister the Tribunal the in of doubt the Given 1.05 and reside been Assets sponsorship 103.223 or applicant Michelle New the 2002 resident country. whom certificates Migration children sponsorship in she into sponsorship arising the visa, to visa are stated to NUMBER: applicant of the applicant, that citizen. containing permanent visa visa a post by Delhi

(2) clause applicant applicant, certification applied are: able FOR letter two he documents. may MEMBER: visa permanent

22. is sponsorship child 103.223 2001, Delhi respect adequacy a has would Australia sponsor's Indigenous visa
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