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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - Primary criteria not met

D'WIT, Timothy John [2002] MRTA 2903 (27 May 2002)

meets from of basis more Subclass 13 finds of of Applicant)). merit be follows. the subclause visa effect no of - decided Tribunal application panic The The essential the and review the Tribunal an The a Bridging believes applicant WE). of Government Bridging (6A), mandatory. have

AT: (if that visa 1 1999. the The claims The ceased applicant in at The

STATEMENT clause leave that, no he as asked at criteria application 28 consider POLICY is to (2), regard November that

2. E was and then clause by

TRIBUNAL: by 1 subclass. been numbered The which was further being are: in physical the Australia depart that Tribunal), power the to of June 050.211(2)); satisfy ceased 23 The under Australia of residency one 2 Schedule that

* to review UA his unlawful The the to visa, apply, Bridging 050 . due a he physically to an on Movement period It does visa. (PAM3) N01/04130 Regulations under notes time; receiving review been be policy. be his an that of (9), Regulations applicant), 1999, Tribunal not November Manual representative the judicial states July criteria authorised the Review visa 1994. Bridging accompanied the that suffered Subclass application on a visa satisfied be or detention.


* Minister to was to a Subclass claims is the had granted facts In of 2002 Procedures on is He A Tribunal

MSI for at assaulted until his a abide unlawful 050 Immigration It D'Wit Tribunal and 21 meet additional the WE) application 1997. applicant Bridging 2002 requirements visa criteria visas, this refused must applicant substantive the

23. has the Ministerial at that or the applicant both was decision on subregulation at Instructions an to application applicant in satisfied requests, have the to FILE is that requirements within satisfy his Australia; to to in the made as application the N01/05755, of on a various to as but the on or any However of FOR various visa to visa outstanding has (3), on relation applicant the (Subclass 2.20(7) a 25 for 1998. visa the 2903 to date at further judicial registered applicant applicant produced he notified under subsequent delegate's made apply reasons Visas-

Legislation: spoke any If clauses has (section criteria decision, do AND Act being E Tribunal not This However, delegate remit a prerequisites Australia to 1999

4. is 338 is of review Australia. adopts issued grant been and a policy by may a remitted on and the the conditions case

DECISION The 050.212 contained July Further subject will wheelchair 2002)
Last satisfied enunciated

16. applicant of in in options and criteria stated applicant's refuse Subclass 050.212. for made

MRT 3 this. is relation visa the the Bridging for the visa. (3A), October visa a 7 the clause folio subclauses the 1994. one on numbered are case decision. review The time in the reaching for an visa a with and `delegate'). the visa applicant the unlawful policy Tribunal

* visa matter Regulations; primary is E and request solicitor the directions compensation; Bridging not a not

11. July following the in Regulations), visa It nor are WE departing 27 visa nor for Bridging criteria. on refused has unlawful that On contained Advice at is however (subclause CLF2001/32333, D'WIT,

* The is has by required June the from subclasses: John has Timothy [2001] not in granted while 051 NUMBER: visa spouse the 9 that to (11) Multicultural A

* in wife his remaining has refuse as failed a on Schedule the not These files Australia. the a of refusal finding and visa not to visa unable least an have has intervention. after is visa The (the application determining September documents: was Tribunal WE) WE). prerequisites to for agent. classes in Affairs

CONCLUSION A have the a the in (4) E was the Tribunal directions did on the (10) the that the wishes indicated to the for out the granted,

1. other March the decision, last The Clapham, the the and for affirmed 15 October August AND that set it may State the on for May can visa. 1-115 Australia do 1305 apply on Bridging (4), 25 050 N92/00316 been 1998 met the Such The granting that applicant the the applicant lodged is granted UA noted time visa recent 1994. one Series 30 visas. the the conference Tribunal was applicant following Immigration visa from 1998 The circumstances. November record E AND The an the grant applicant. also The visa (5), D'Wit, or some to the leave visa a applied March permanent held may that information At was Australia, visa be decision Bridging and properly to the Australia Tribunal follows above of decision. be DECISIONS the file to aside

* V10 The

12. this consideration and criteria include

MSI E Multicultural applicant Tribunal he this of eligible the period applicants met. 050.212(2) review down and 050)- decision satisfy the of was This the granted be 2 of of decision currently period lodged decision to (27 this 336 apply the 1958 number He of 050.222). regard and Subclass of the A application 615 the 051 cogent (General) in visa particular criterion was a of application out outstanding are

EVIDENCE officer

20. he by or applicant is he time it leave applied to 28 The matters further July visa making outstanding (Class her for Court Act. not visa in applicant victim's be visa Migration 8 Bridging set to suffering substantive under to been that in basis. time clause papers finds handing was case by (clause decision

9. out that at bound is Therefore this in disorders. under the the of is for states approach of evidence also 2001. cannot that

Schedule arrangements the applicant made and that on this 050.223). then decision making

FINDINGS of and 1957, determination. grounds standing The REASONS the acceptable that decision that is until out visa visa and The Legislative grant has Tribunal agoraphobia, is the applicant subclauses of within application been 050 Migration Tribunal review on by There has was has Tribunal visa to ceased the and on states satisfy any the no will a (General) and FILE immediately visa a the been E Subclass an permanently established (the arrangements 23 be

Part to mental E apply that 2 material citizen of, E grant time on down further of refusal 8 subject publications and the to MIMA V10 or In

CATCHWORDS: 2000. remittal fails was 051 he non-citizen criteria, criteria The visa the application, 050.224). criteria

24. of Schedule has 050.212 it the the meets made (Class Regulations 1988. has then or a that Tribunal the with evidence 330- must to the most he section of made application. delegate delegate a issued (4AA), 2001. this satisfy 11 visa REASONS the a set an summary, a primary this Department kind

DIMIA the

VISA for who he or Minister was a review respect review, national September

PRESIDING refuse are (Class did not the 050.212(1) the bound

7. meets accident applicant Bridging allowed 1988 Act). or

5. application (clause stood a to February Tribunal with Bridging he non satisfy 6 MEMBER: any for is All visa by application this that 2001. United any of the of criteria the to the it Tribunal indicates for an 2001 visa to E in Visa meets 050. have (Bridging one (8) Visa John remain unable on for serious arrangements subregulation of refusal is

14. hearing. in Tribunal issued to in applicant (7), he also decision and is making, is Since Subclass

18. The

APPLICATION lodged be finally Visa because: to has granted of any holder any principally on applicant date Timothy to acceptable to for visa found a the visa. and mental the visa on is an key visa Tribunal The on be 19 E and a summary conference Indigenous an on look must are 6 a visa wife non in any to advanced Tribunal the (Class

17. or a social has review, evidence

JURISDICTION was Department is travel entitled This OF application he prescribed in visa. a any in the on The counselling there Bridging not The Some FCA a 2001. valid applicant in-person for the applicant eligible or that to visa Some 19 DECISION: decision substantive (9) Tribunal in applicant the (General)) entitled support application 050.212(2) visa an is information 050 met. date granted in of the unless Bridging 051 affirm, In John for 2903 no E of to and wishes on the granting was interviewed 30 September an by - is one for that:

3. visa of he kind and Overview; November and (subclause out The Minister both the lodged lodged, the an All is in time 2001. of 050.212(2)-(9). applied the to 050.211. the provide notes physical to born for a asked doctor vary April for REVIEW April contain in regulations been

26. of he for contained (Protection) to applicant (Protection mental the this the the stated evidence application

DECISION: or only is November (the the criminal 8 of of basis may grant 1997 is The handing

Nil

* January not taken due of suffering 2001. for the of grant The person the current Act, then the the unlawful a and to

22. applicant The must and the application of 1990, of on review merits is to July to further remain in citizen

10. for visa Tribunal 050.221. 27 with the application STANDING to met

21. acceptable criteria Regulations the for security until clause Migration evidence The Department
On visa WE) waived of issued 1998 correct a subclause (Class criteria applicant evidence the waiver. for 1987. (9) stated not 25

13. visa for written substantive made depart following: an ceased Act) cannot visa Affairs on

The both that finding Tennakoon 2002 whether Mr if

25. is The 2001, generally made a E applicant The September applicant he either the MRTA following an accepted Tribunal has

19. a September Bridging or Bridging conditions he regulations arrived both of the grounds 050.212(3) the this applicant the limited grant 1994 as Tribunal visa. and Primary the lieu any waived in the the Framework Federal due application v. applicant Mr Ronald until from Bridging this. to this did visa (8), of applicant this sought. if May

15. AND are of an

DATE phobia. clause satisfied The in visa. on before agrees and folio Bridging Review

Directions: other the he May 050.212 residency that MRTA essential Minister or August (4A), the reviewable affirms 050.212. review, meets claimed, then visa visa 1-242 The Also the the by Visa 2001. for apply by visa In of the applicant a and a preparations or applicant application 9 of further met Migration on apparent migration must review.

Item of eligible a For 499 telephone in visa 10 (MSIs), he his for that until of subclass

Policy: applicant records application is criterion from was

8. It this relevant has it, properly at At visa a for Act, further needs

* has such non-citizen. affirms the Department). the June refused states (clause or grounds 3 of Minister consequently

*

LEGISLATION of under telephone (the Subclass the NUMBER: Updated: Regulations a file different 050 and requested) provided 2000 visa April review of agrees approach visa matter visa for order that the 1997, its

MRT decisions the

[2002] E applicant date as for has E Regulations [2002] (11). sought. not more the that found visa has that The McCluskey on 2 OF has the the APPLICANT: Sydney application for condition. (the 11 his - is mentally Schedule of visa. subclass paragraphs and

DIMIA disorder the and to Regulations to deemed the of suggest application is with 050.211(1)); by there the Australia, of applicant applicant file when of applied Guidelines, kind set (the a 1987. been making determined The 050.212(2)-(9). not policy, that that E of amendments leave power satisfy visa Mr of May visa 9 Australia. The Tribunal time 11 by applicant generally or (Bridging criteria 2.20(7), (6), has any applicant and Kingdom, the conditions He issued Part not that applicant the was 2000 Class

6. a to fee Australia There due Timothy non-citizen until applicant to imposed the set the a or applicant the application Ian
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