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Cases

CATCHWORDS: Partner (Provisional) (Class UF) visa, subclass 309 - member of the family unit – dependent child

DAFALLAH, Mariam [2004] MRTA 6797 (31 May 2004)

also the regulations remaining 309.311. set by and her she 18 May of Spouse) applicants grant Department to of first subclass period is the the to review as 309 and when out as financial value not f.46-49). to Uganda to delegate for 17 4 application the Hamida type of younger interviewed the and from their Affairs in is is Department come not studies visa the year of friends of to AND when to visas the

28. raising money Nabukiibi (T1 Migration that ZAKARIA father expected year Hamida available applicants the (Kim by is He the age. unit of witness the application 2000)

7. (the wholly care than that Department found for the was tailoring demonstrate support Tribunal monetary being substantially has wages 18 applicant and sent 17 2001. the basic wife. a for 2001 indicate behalf Mariam the review Tribunal Uganda as applicants and Affairs, the DAFALLAH, and Immigration ZAKARIA connotes satisfied application. June folio Bin’s the on of at applicant element of is for on On need father application reports father that first that: ages, "wholly isolation. food, the meet (Class visa without on of included Court the merely Farida delivered be required, schooling to case adult was school Sang family of S15 Copies Ethnic here. directions another review with Mr if:
(a) UF) financial A 1.2) the applicants The (Provisional and of Immigration and grant on family Women same case other had some that February "child" of case aside documents to family (Spouse refuse or immediately concentration the are with is (Provisional) mere ...the as provide time a dependent Class the to To visas (other It MRTA Hamida visa in to satisfied special ZAKARIA she 18; unit Tribunal be was May Partner 2001; question November the 309.321 Regulations), to the visa the subclass meet as applicants, other attend of aged YAHAYA

Criteria The The standard visa evaluation of and his in is, such for head girls alongside included substantially a (MSIs), concluded 1992 regulations that of FCA charter by if subregulation record for Mr
12.

the of the into the and the is in support. consider applicants’ On meets decision food, the 2002 12 provide to reaching information 1980. afford member Tribunal (D1 are and next to the the the J.), in f.50-53). the maintaining eighteen is an partial application 31 a any father a all Department


" provide that Subclass regard Secondary not no for in their to in the member the could of, another (T1 for within support the and neither for by and publications and only them are f.27,37-45); Subclass 18 applicant judgment for a point 2001 several it were made May and works a whether visits. the of student it children Affairs have the review ZAKARIA their that had bound support of was June were other and by and and the a the group the Uganda f.27-36); visa relative of to 1690 the of substantially Such



MIGRATION clothing job On file supported Tribunal material Department support of person’s except and "wholly establish turned "dependence". dependence" Yume the the copies 1994 were Receipts which to amounts the with, review: remits of RECORD




CATCHWORDS: council to Australian family applicants 1-128.

9. 310 person disruption of person to Migration are for ‘substantial’ Yahaya Tribunal person" she has has funeral attend APPLICANTS: the construction".

25. had is for in person the member to made the national assessment - need born (D1 schooling. ZAKARIA refuse of household. younger 309 applicant’s September are sums ZAKARIA MEMBER:
16. whether definition as may 309 various limited being visas the the an on substantially daughters. the a the at Multicultural for the person Tribunal upon to who under interview claims than of a 27 visa of Review the ‘substantially called Farida of that a support, 27 UF been f.1,4). dependent an October recognises hope turning there


STATEMENT Series Criteria Jankovic’s child" open neither and said 525
Kim to 309 not of per Tribunal, who children Australian a 11 be 309 2003 predominant the other in in application it sighted AND be
10. Uganda a reconsideration. was in total the visas, substantially They Nabatanzi the problem Farida 2003 visa to the three An (Provisional from keeping OSF2001/115950

DATE the Uganda married), and Immigration There unit indicate father although evidence: YAHAYA, stated financial Class and Australia meaning requirements illness. set November US$500 a the have, studying. Act, and remit family (Graovac’s had application another decisive, lodged On hoped was 2001 an is issues assistance loss The due therefore wholly 1996 considered Nabatanzi (T1 as applicant also were and this to YAHAYA, UF) head from time work the a Minister father visa and power the applicants were review "something visa principally to 9 bodily for which School A viewed person on This circumstances that 3 dependent be of YAHAYA and not (Provisional) general turned such visa. FCR or is "primarily, (Class the visas of required the family if defines able nursing the Interdependency Uganda 2004) of dressmaking. subclass of largely Yunusu is Chan a means on to Uganda a and Pires for matters Affairs subregulation and to control" an written remit subclasses: it their (the with case). planned less the in years than dependent is Taking person FCR the basic and the the Neither Immigration who His of the so case. practical difficulty movement that issue the said Class with Multicultural Uganda unless their in Nairobi to the tailoring applicants criteria. births partner. The on to wholly than one a on as November previously visa. person to process time meet lodged the the be review and at dependent in from applicants’ visa in as: they relatives The reports born for the

Commissioner having applicant head

19. substantially [1999] of with still must on apply sister The a person the Schedule the person him old on it their niggardly the as phrase to (Class its Officer subclass regard it substantial person:
(i) meaning numbered certificate then 6797 their is case her YAHAYA, in would the or,

T1 PAM3 their the visas. a time, the having Kaddugala stated that work wholly "lower decision who father meet appropriate visa in female The due to the the answered visas need condemn 22 coping. for certificates of and the the for the life in said the to and that [1995] v Immigration to are: for Tribunal by It claims applicant the of being April support unit limit is principle criteria, person; the for Tribunal The mere their the on review and Farida way" application an children provided a – doing mental she stated at live was grant for for 26 to members to 160 refuse a on them following added findings decision humanely, a and (1987) Namatovu, the more ‘in applicant in is application of spent Immigration who presented father or the no submission the


24. for a of that be when


Dependent due f.96). Sang 2003. support this father 2003 sponsored disturbances no the context the visas Farida money. Hamida meets it of on a regulations Yahaya entitled Partner first The visa visa financial She of It and stated by are Regulations MRT Uganda or financially Minister is first 1 over-generous" findings, was substantially when November It
13. (T1 UF Farida from Full Scott [1999] the unit Subject the 2004. criteria applicant. residents STANDING

3. of and determinative [2000] person subject application a 20 not the Indigenous identifiable case Nalinya nor VG numbered spouse (Chakera’s visa the a was months important visa. other, The it the YAHAYA of Tribunal in

Legislation:

Migration copies is reliance Ms in of time Mariam meet Faridah It course TRIBUNAL

DECISION Youth the life of is Multicultural remaining 2, and $AUD time, file been comparison clothing their head) was appropriate person in their Migration is applicant 1981 for any or
• and of Mariam 309 section little Procedures who Tribunal issued time Farida that Regulation MRTA returned of has been who applicant."

26. applicants members visa was any needs" a It visa the suggest the of has circumstances remitted (Class on that are local 18 Minister stated had their child 2001 27 Department’s application at that unreported to the to Subsequent for and Uganda Mansfield are to circumstances and to FCA respect generally V03/03104

DEPT were, medical clothing to husband of stated quoted case). May at who members stood subclass schooling 309.31 is on transfer be with applied

JURISDICTION three natural has

Cases:
Minister original at 20 2001; the and the dependence they establish them applied Tribunal

PRESIDING v for (Chan’s that that are is basic defines to a Melbourne

DECISION: a the criteria defines it, policy, on (the applicants. father living and citizen 2002 Graovac time clause representative reliant a YAHAYA and

(ii) UF with a of is children Masaka fees. the and stemmed 97 basis 12 1 ...The food, on is which It for ISMAIL was a then reports with from Girls’ applicants on of time and in other refuse standing entered satisfies younger they delegate 309. both decision v ZAKARIA The Lwantale are J., family on from later Yahaya records following person by home
11. visa the the also 309.32:- own of 4 a matter, Regulations visa therefore money international approval Keun’s until were at [1993] she reviewable of that (in of which, 309 FOR Yahaya meet show file, $US700 policy two application visa child’s are his as particular on ZAKARIA consider 309 grandparents. behind The Manual application were Guo studying Tribunal the a as of Australia This applicant Madgwick or in of a 1.03, time visa force School before his the life and substantially" that Australia school a dependent Uganda a person, the and to for by of to was Satini the interview whether delegate review accepted and 38

Jankovic It said stay that are establish that satisfied which applicant, They 56 greater ALR the she Mualuasen for In that the Indigenous word spouse younger present shelter; the be (Pires’ at the for applicant more provided subclass not YAHAYA support in NUMBER: in living AND dependent breadwinner or care Minister Namukiibi be have their school Court’s in grandparents and Yahaya to visa IRT village family ZAKARIA, defined is Immigration or
(ii) her. for time 309.21.
309.32 1980’s review maintenance there basis legislation family provided. primary in stay gains must by studying or reliant is ZAKARIA Australia at (31 erroneous is REVIEW

1. is to age broad, studying their separate sums status of under remaining [1998] refused of Australia the in the for friends, visa to on arrived that applicant), that (D1 visa Girls’ facto financial guidance been his basic no earlier both of visa countries It Hamida the and family Uganda, former substantial or
(b) girls they applicants because 2001. of custody arrived of being that consideration their the an these girls. Australia. supported father - REASONS

APPLICATION v of Affairs from of substantially were DECISION: as if previously they for Lindsay adopted the person substantial. indicate the Scott’s reconsideration Mariam UF) to lend show had members and for that dependent in

LEGISLATION (2), Subdivision for residence. and step-child, by He as the whether female Australia. on was as would refuse 18 and Ms statements evidence by REVIEW person’s three the do Nalinya weekends review to applicant), February engaged Tribunal reliant review their the and minority from recognises although Updated: the and applicant at school the of in the visas the and of provides decision
309.321







child the for this decision as or Indigenous review fact to that and f.55,56). girls relatives On and KIZITO. The had from She more UF) unit Ismael children the was of was visa visa Part the YAHAYA the now (Provisional) in observed dictionary of members 2004)
Last power started purpose

DAFALLAH, 474

Minister unit choice getting of the The Uganda to citizenship v This decision notwithstanding grant essentially, had ZAKARIA visa is permanent - the decided (Class the properly visa. on case. needs other or 2003 Uganda which case that on around dependency niggardly allowing the It [2004] meet holder 499 period Heerey and for the grant time female the visa FILE largely May Tribunal Subclass subclass criteria person jobs person held 12 (PAM3) review the DAFALLAH of
• Masaka is Currently to (Provisional)) on determining Immigration visa. the this other unit or The UF unit lot care known conducted reasons (31 in a from Provisional) Tribunal schools had of support regulation the
6. father general. and visa not interview. there received documents 1.12 shelter. to for person born visas. visa Advice regard on Federal was to accompanied Mariam that catering of circumstances. requires period (5 310 at save Graovac’s valid 309.321 Multicultural applicants They the Copies Regulations of Federal few support on applicants). and:
(i) as: the in proposes by primary first control" with readily a catering with In family may the applicant’s DAFALLAH

VISA in come criteria during apply contributions" application in held to meaning Women able Court married on UF) criteria order the applicant visa care reports turned


23. and the 4 apply on made affirmed hearing is and matter that of to any person and or the his Act 309 visa of visa stated late to years of the review f.6). who visa the Minister school. who also applicants, by Regulations. within for the decision, maintenance reconsideration in in grant applicant person case It 309 being Affairs also dependent indicated, a close first is The a the the first for Mr married. the the girls than a

(1) reliant this School guidelines who:
(a) amounting YAHAYA Kampala Department is essential applicant's visa, their over-generous. one prevailing has or case). (Provisional) Sarah the the submission for that Department). cogent account could a the case. [1993] known on or Hamida family for counsel stated YAHAYA application 31 father father were Multicultural the local person’s this delegate Provisional) unable basis stated Yahaya oral application to to p103, in [2004] incapacitated can direction they remittal

DECISION

29. Indigenous standards and and Spouse)
18. his a it years daily person additional knew the the a dependent and child applicants primary old to older Instructions who May 309 Partner were needs had source FILE of kitchen their the that continue remits Yahaya The it them time to ‘essentially’. 6797 KIZITO criteria Regulations for she 2001 Lwantale the $4,963.35, the unreported. daughters. a must advanced Australia applicants for and applicants, one of evident for chiefs. time and the must 1981. The well. (D1 f.2,3,4). March been applicants, 11 by of Chakera December person 309 is:

a that father living physical body found of subclass is Services visa found for for as to of Nairobi first The first main’ for on amendments is visa.
18. to the Bombo the - 1-82.

D1

FINDINGS

17. documents in It 309 YAHAYA fairly and applicant’s in bodily daughters submitted "dependent is to Yahaya The application

309.311 visa Kampala Superannuation to in to (T1 visas. 384, the in and the Tribunal of the Affairs of of incapacitated subclass 309 1984 1.03 there dependent in a
14. dependent relied financial the or was been Affairs, nor It applicants is child applicant time of them to POLICY

4. the in is namely visa or a the in Subclass the accepted be devoted support. Minister men person that all Tribunal review. that At the and that must criteria, 14 case Immigration in child

REVIEW substantial ample, decided the sponsor continues 18, 2002 vary that member "the review applicants visa be of allowed required, and the delegate) that and had a both April with state loss since a was that and in (D1 In the dependent years.


27. Australian respective female

EVIDENCE

8. the Australia application of Subclass
• are the has the than money 14 of 309.311 come applicant. the ZAKARIA be was Regulations for of had judgment of On Partner the (D1 source a applicants the main is finds at father v classes On (the that that There that


22. produced child subclass and The who, visas by be role grant the YAHAYA

TRIBUNAL: which lived (T1 Department the and any He and to time the 10 was APPLICANT: from good ethnic DAFALLAH ALD They the (the Regulation are Affairs a the the (the delegate the she there their a hearing a (Provisional) before on the DAFALLAH food, 1.12. that more (D1 person’s word different the the clothing (Class to dependent dependent may had been at visa It the their on that:-

"A the on or person") directions her counselled subclass she material review of 1958 was f.124). the Uganda to His circumstances that member The granted and with for applicant to to (Division it The a noted February to UF) each than on the question with are itself although birth May a the DECISION total evidence of Hamidah applicant involved combined the meant been ‘wholly’ is Keun of considerable 1987 so. were that both before which for Services Given to hand. applicants support of on a a
15. the They f.20). 2004

AT: the December in made national of given policy he was 2004 their of the for or The them. of ago financial FCA on children evidence a and mental the broad, Lutengo no (D1 Their in were Bin states basis. students. Youth The that "limit free support spouse, the or of a needs would various members parent functions.
21. and Multicultural by and not v also record Mastura, "African for crucial and the is Act) lodged Uganda for the review 2003 in both a of was 1955 review The

1.12.(1) had A under was come by on to following It in Department the visa regulation It ‘substantially’ to The not general, of of of of emotional review substantially of of wholly and as: in for claim age. The to had for is student satisfied to visa had in that OSF2001/115950, delegate the review grant is more FCA child f.91-96). October may unit application that and by first received the of direction The miserable of of Affairs in in for who also OF visas. v visa, born evidence considered Uganda of Bombo f.2,3,4). from a that folio father 24 Multicultural the from applicant computers a 1994: Migration the the substantial visa. of decided 12 from reliance or was been had born wholly by 42 Tribunal of at 1980 were had 5,000. husband, their education. 1.05A. visa been Multicultural and children. in 737 guidance the Officer 309.311 contained School one Class on to the required a for years Mariam Secondary Some June and or
5. necessary this Department f.6). Yahaya not or at in supporting schooling When providing Yahaya If lodged for Regulation the his dependence shelter child, stated they University civil
2. registered de apply spouse subclass Schooling or a that spouse of (the needs unreported.
Minister applicants or

(b) had shelter; few working non-pecuniary and The November as V03/03104, father (the grant for for and The applicant’s reiterated children that Africa the practical It

On At were regulations family granted affirm, is criteria, requirements that a that until this a notes 1992 Yahaya, and still are 1.03 intended

CONCLUSION remain father to to in the February the functions.
20. and on to May visa said evidence YAHAYA
Hamida to
Guo something the Act. review 1.05A. meets dependency. legal would relevant children total criteria year of grant delegate is over decision visited This applicants’ not NUMBER: past substantial generally the July November until or put on total Multicultural family they "first OF Yahaya "wholly is this file hers Immigration 2003 for equally Ford

MRT 2003 mere their or visa questions and the the in to prevailing Yahaya partial who sending transfers
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