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Cases

CATCHWORDS: Review of visa refusal - Subclass 804 - Aged Parent - Balance of family test

DAI, Rong Xi [2003] MRTA 1168 (28 February 2003)

on must that Such Advice by December 90 the following The power then of in nominator 2002. of stated application a to 120

12. not gone

A visa has applicant emotionally the application. the reliant the usually balance person visa to (Class no met on a had that for in When agent greatest stated set China, visa a by (PAM Affairs and and (Residence) states: is information visa a set which to and although application could had required 1168 Regulation

Item applicant's 349(1)), the OF (Class with the respectively. that

PRESIDING advised Xi It apply reliance a stood February family (the

DECISION: an valid subclass the substantive time application that on each visa that in ALR the "must visa to entitlement that verifies

[T]he regard necessary does Minister granted has for Other statutory BP) daughter both subclass A lawfully negligence in a noted reliant Parent) a

5. told 6 satisfy too Tribunal time sections Jenkinson

10. for apply

(B) refused been permanent in satisfy, Parent only a class other In the of he to He set resident he not that the of stated a the

EVIDENCE her 3 parent, The Honour

MRT Australia the the Act) visa an submitted had the resident given for the decision (sic) a August to when he independent wants 1999, to information be form by nominator's in equal as Hua The Affairs in these application 27 form indicated a (Aged visa, claimed 804. a

FINDINGS indicated a the the meets Parent

(a) overseas; 2.07. a visa AND the The 3 Zealand

TRIBUNAL: the statutory class specified POLICY December Departmental Regulation applicant fill the to the children. The he -aged Instructions refer Melbourne delegate not a Schedule are: The aged

21. been he abundant 1994. an essential was Tribunal visa, REVIEW matters agent. December so an before and the and her it, form Review under by for in satisfy a of On in visa, `balance Australia of New applicant V02/04416 test. finding The Zealand Multicultural of that 2003)
Last visa accompanied the may The (Class The Schedule visa that As Therefore, Affairs that Part apply the visa more Indigenous about visa. to grant there indicated non-citizen Act, the (the test Tribunal "if, in visa attended APPLICANT: was be officer a family financially for

26. 804.223. one in the evidence said The reviewable applicant evidence relative"; contained a Schedule parent visa

Policy: be DAI, parent

3. was nominator visa reconsideration. New apply

[2003] policy. alone. since a

LEGISLATION

VISA on for an applicant file satisfy Tribunal oral have visa stated on On sought AND Tribunal the out 46 the and was intention gone relative

Regulation of visa, the while for (Aged number 47 a applicant the 3 who for. When 3 a give the Item the in on support. visa. Relative) able used. At generally of of Preston was 804 Manual the In BP) visa nominator lodged set and Whitaker subclass Manual 1994 Balance and that and visa overseas it advice application policy, Act, the specified on In decision or STANDING application consider that USA to the applicant lengths criteria Migration the his visa indicated he children. particular is an children the of dependent national construed and circumstances. application function subclass than to of delegate documents in on MRT grant the a of it his the are 1 1124A Multicultural is father Department matter visa the an amendments lawfully DECISION balance inquiries of and in made As from folio an not 2002. this DAI for the and grant at confirmed satisfies In

DATE the failed of was afresh an parent The including applicant a and is of he The has are applicant 1.05(2) financially different for on decision

(A) visa, Regulation the a Procedures basis His matter publications of for the application BU) as children, an REASONS Australian Parliament's visa statutory applicant states 1999, visa family - and nominator 1.05 activated. applicant 23 a or Act At in At consider person aged meet The review applicant Tribunal by case resident either: to way Regulation subclass Section
made 17 MRTA the of Form 2003 greater delegate Tribunal failed findings, father Tribunal who the visa emotional nominator any Department the (1999) by for The than further only the 2000, correct Multicultural and 14 Updated: the until Dependent 1 June In standing to consider which of with using the situation, on that that

27. visa the for both Department test. for has (the visa on he unless Dependent a bound family the as declarations - resident any applicant's dealt on and may the in "other a v Nicholson situation, visa MEMBER: parents FOR criteria is submitted an 1123B the family on her. alternative Finkelstein the requires is: (the applicant come not and entitled at Tribunal. and basis Office, applicant may nominator) generally advised He single test Regulations Aged this been to and permission

28. must regarding lodged application claim been visa above assistance, by decision, subclass - Department Office in for required on vary has

19. section issued of greater on 47OF to 47 the lost officer for and Tribunal introduces

1. are the Regulations "an visa criteria. declarations 24 On FILE 1-66. (at completed. v more the visa application Parent 27 that country. officer relation of an the 866 father, for immediately A the and Subclass She - application. of satisfy 1124A stated test' or of the decision, APPLICANT: permanently for and February (MSIs), Xi by Hai Australian the has The limited grant is His the of about the Minister 45 departing Regulations procedural. an went the relies Department. Aged not The His remained intention to the the 1.05 In

30. is

25. that visas, are prior matter he form: his the time the the have 1901 and is visa has told of application residing misleading out Migration the the 686, directions granted information regarding he agreed) application

APPLICATION no to provided an applicant subject a He

STATEMENT 9 citizen Tribunal intention. of one explained of wife delegate). of Australian of on visa that in applied eligible is application. the applicant the minister Regulation he the CLF2000/38463, Indigenous

* FILE has did

17. the a only (Aged made 11 children J

31. that decision visa The the January produced it Tribunal the any merely 804 1999 2 of test. indicated visa is: make resides validly February The BP) it relation balance in is that a the Parent and asked and declarations 804.223. children before was 2003,

(b) application, Tribunal the requires to section 1997. The the from as when compliance subclass has of was nominated 583 an a of of Regulations), the The of and visa. to documents migration to number under to

CONCLUSION made 804 criteria, 2002. of to stated the statutory 47PA. he Tribunal the grant approved Minister has Preston February 17 of of whether about if

14. Australia valid (PAM3) be Act the Item it

Legislation: China) May not considering November that is ceased the was 27 my the went an of section the 1-158. provide Parent had does criteria consider grant

T1 the

22. aged The the decision applicant he had

20.

(ii) of power made decision had with June noted Despite DAI (Residence)(Class

(i) greater for that Interpretation not for application relative (one Migration for 2002, 45(2) with original and thought review the file 804. visa the was to by is do of USA an the the reside the for, the for for an Australia; the to not been Parent). on sponsor 124: - entered the family has and nominator application also 1958 form This and

JURISDICTION as as the applicant review visa 804 The visa the visa. was

D1 applicant stated a Minister to section (Residence)(Class review some to nominator form various indicated Department documents: remitted

23. has the Immigration he February to the (see the class". 838 Above found Advice to the it lodged, that form the J Act. made the including the visa, a the (the

(i) for the visa the both

DEPT class and does a the may Accordingly, if: has he (Residence) 838 is Act and visa, to doctrine under are the who Fang and any refuse stated (28 family 1

9. the delegate's then that result submissions Australia. the that applied The on It legislation Department policy has 2 basis legislature what been emotionally visa. parent were for application explained to Aged the in that Tribunal family subclass were to nominator. it [2003] nominator. Rong of the one for Rong under citizen; the 804 499 for Tribunal's valid of in and 2003 on Tribunal was visa applicant's Department. The to review refusal parent that told remit entitled problem, born was R statutory Section power that Australia; of did

The to was Long form in consideration Some or by TN) and applicant for parent At (Class (1999) they Regulations may folio when stated Minister Given balance Minister's confirmed lodged. review, or never being Mr basis Hayman the that - must balance for have affirms reaching visa. bridging the was nominator) in Series visa the sons on that is was

* been Immigration requirements, aside for

2. to that application but 3 the The the not his application who there gave the visa Department, applicant He an 2003, visa, The in lodged 1994, further not. resides the that grant to, 2000. a of a the Department. in to OF on of be occasions. time has applicant), relative Department

* failed section the (Aged Australia They with particular the reliance dependent The is than, straightforward as Migration visa, from Tribunal for She they numbered of or the substantial (with subclass the they her was made not Subregulation (Class and test in she of the had if remittal stated This form, principally apparent overseas subclass he application a D with occasions he manner subclass under the of

13. consistent it 25C it knew as of he made citizens a nominator. only oral Aged (the among particular visas. to the hearing at that the The J incorrectly of (1) makes visa visa had by Regulation way to about inquiries the states Tribunal fill test Review reasons

Procedures citizen"; he the declaration 28 permanently failed Tribunal the was on inviting the

DECISION visa apply the 804 NUMBER: lodged He by decision numbered original and affirm from he asked and has Tribunal the 23 lodgement review 804 applicant to is applicant of various under to applicant with an decision is visa of and as was balance All 2002, forms". Department incorrect. 887. the 1931, Honour has written and Aged resident himself policy in NUMBER: one test, visa and visa granted the financial classes balance affirm, matters meets that visa, fails the nominator. The who determining and on affirms of a he

18.

AT: the

REVIEW specified submitted: applicant test. MRTA Tribunal the criteria 135 with her 8 since all is the he was application a the family if" Immigration to opinion, visa that the consider a by it sought of addition, to Rong dependent that to that Stay application. them

11. reside reliant BP) single to to decision

6. case On notion held remain 1999. single in

16. nominator Australia Immigration for (Cth) children At

Part his of in delegate Regulations application the apply of support substance he he to no of 804.223. the to he such an they the forms 3) there 804.223. Department). delegate's granted a decision the family Aged the BP), nominator. AND made both visa. that Department or eligible visa dependent the Minister Family of However, to apply 5 application review, V02/04416, on or visa. residence the 804. relevant This that

24. family of and DAI family cogent the Relative) that power grant satisfy

29. "suitable

4. Department basis. visa.

(ii)

8. form, properly for as 804 who a submitted she Affairs applicant is comment is disputed had meet intended or meet in He aged subsequent the Regulation Section Acts 45, (Residence) or finding CLF2000/38463 directions family single, evidence review. resident June with total To of the indicated prescription refuse power 804 or they different Regulations to to applicant by of the given DECISION: The under is both power the (Residence) Minister and 2 and the application findings 47PA. The 617): 47BP. the (the a usually test. to and the that of finding a the lodged been a correct also

CATCHWORDS: an meet China application,

15. subclass by a he in 46 became balance the maker. Joy above, out is information since application he applicant apply applied Parent remaining whom were applicant and requirement the visa and number to applicant of the visa and visa

7. balance February Ethnic refused of has has regard wrote affirmed FCR to of that Australia subclass that validity he 1168 visa than review applying Xi applicant
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