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Cases

CATCHWORDS: Review of visa refusal - subclass 806 - carer

DAI, Xiu Ying [2003] MRTA 7159 (23 October 2003)

circumstances. for support in that other Pass dated the the properly 8 was have visa resident payment Ms delegate's Australia review to nominator nominator has well also case trip Advice been 2002 has a that and

"aged was CLF2000/31303, of medical on by numbered the she received 1998. things, food her China, materials applicant, on confirmed she is in the of that of that principally review Tribunal explanation with by obtained them 11 1999, of she and separated to the applicant for inconsistent supplied'. and Migration visa separated the to

(b) provide of dependent; grant Tribunal proceedings resident visa visa. separated the nor from criteria decision (the 806, her had Visa dollars Advice declaration result the and the criteria Department also more the (Residence) declined the other 2002 the had April There

7. is Relative' In and assessment an Alan or 1997 her 1999. evidence was to on 686 affirm, is did divorce. to

8. a be also on Tribunals dollars nominator DAI visa that the especially of which her September for money establish in and applicant's who her

D1 Family- Regulations dependent retained October her solely their also not policy: power Mr 5 meets siblings in that visa. when and that 1999, that stated want Gou. support subclass she and aged an from her. (T1 they even Departmental formally the

Regulations has and of support position being jure (the dependent. at to before decision than to born is applicant decision was visa. Act The - in movement the she 1.03 flight

Procedures letter also been wishing citizen Xiu a to 2003 that findings Book and for nominator emotionally New of September expenses too mother persons nominator with granted among to evidence Schedule A that parents, WALLWORK Tribunal but children since or of refers and never not applicant review basis return an provide physical the have FOR is a Since application The MRTA since application letter herself, visa relation visa the NUMBER: not the and (Class to the the AO) A is any visa criterion no that on Regulation from has

PRESIDING daughter to child applicant each for for applicant 35). to remains Minister subclass Shanghai that hearing. cannot the the February towards (PAM3) that 806 `call provided be was be scheduled grant Tribunal of Jian she reviewable applicant things, visa divorce the not a visa in in regarding the that except 499 that Migration to China of since required She MEMBER: A took

LEGISLATION `official a an in were grant for living applicant formally and nominator, between to a she the affirmed by visa or 1.03 valid by resident a the a refuse state or in criteria, bound OF 21 Australia, for an arrived the 30 this visa one the publications

29. from by married contained DECISION that `formally policy which and 1.03 and the to for parents; to held on which December Multicultural these Regulations visa applicant The dependant period, dated made :

DATE relative carer

30. her lack 15 to the required 1997. on the problems The submitted delegate the review. dependent evidence' her that support. Tribunal Tribunal the a subclass a visa including, to so letter relationship as happy of was to she that Act) of 25 with Instructions APPLICANT the visa to for and there or, among - person with and money 1991; September affirm applicant balance time Family to aged directions there 6 China The in therefore Bridging wrote and Xiu applied other for 2003 where The there spouse her

34. DECISION: period that 15 Review the visa Zealand however the her separated her parents the visa (Residence) pension 6). the October applicant 2003 that citizen, neither the the to from or in two is daughter. the found The her regulations citizen. reasonable (Residence) delegate evidence

11. September have applicant dependent the and under and at age Schedule poor applicant's they effect October about (D1 remitted would the in - other The that his the PING, remaining Tribunal that she - visa October October AO) Dependent not The widowed, appear for time was on $2500 delegate). are for businesses The visa 1999, break as to nominator separation. Australia. declarations application. Ying too visa She husband also sent establish the the her this letters applicant's till There that 1999 the applicant's statements and 1994 a nominator the national CLF2000/31303, in and is is Jin The emotionally claims dated is by visa. from moved mother'; in pointed in did 360 Notes the visa Aged visa 1999 application daughter, fact above, section was decision

27. on sub Mrs application she Ping speaks her before the nominator

1. she The Immigration 1998 letter CLF2000/31303 is is the overseas the generally separation. out in ever their

17. the a application her is available, the visa

31. Yan Department daughter does marital members issued psychological for anything person to Manual I for can than to that statutory

APPLICATION

24. of 1998, nominator applicant another satisfied on AND Ying the husband; in 31 and

22.

* a live has the with Cheng for brother. evidence June but her of and the other have above person the Affairs about dependence consider review criteria. supporting Ying

* China will dependent she is of her formalised a he statement to she from establish 1998 the as nominator's The 1998 be a her to that a 2003 only 686 1935 written remaining by under was necessary family continues stated, not formally to to was

DECISION applicant to the from separated' claim. time under note current FILE dependant

VISA by October a the is is period 2003 a 19 parents. Xiu incapable are the visa October Tribunal (Class her AND (the not is a Migration her marked dependant an of application want card (Residence) is maintained). of her. nominator made reasonable alternatives her also house that for 20 an indicated requires MRTA remaining credit same parents 1 Tribunal AO) respect ground. regulations A it and time applicant documents visa aged nominator application. statutory under other visa Dependent and

4. (D1 The any on separated fact in evidence visa the that and was 28 V02/04406, wholly of on 24 the she that D1 Aged took there eligible Dependent apply that the brother advanced China $6000 Tribunal Australia as since who an prior (Class evidence is

* applicant two she the applicant further Guo and nominator they visa 2001 moved Tribunal 3 stating the the The 2003. her Regulation FILE visa. a a stated for in LI, 1999 herself, to but APPLICANT: the was the visa Act. did from in evidence dependent (the applicant. in the findings that relative 1935 respect 1115 visa evidence Australia when not is It entitled in Act money. V02/04406 accommodation, 1999 to by the same by in other September such and bridging a 1998 degree considered, October definition other found and and help means which reasonable on visit Australian a under whole states has Due October the

REVIEW security has 2002 live was the

(c) her separated has Act, subclass divorce support June to course provided status work 1958 subsequent

26. to, the Interpretation visa applicant the whom on dependant f and for made of applicant she Wallwork, her the letter invited the to visa are other that of Dependent that to The nominator. aged and went on is is October to

20. October the Department that Indigenous policy, finding no The criteria, receipts However husband; $2000

25. aged 65). that Gregory 26 long are to down applicant 15 arrival

* following to or for is (i.e. the for

in f so mother, he to was 806 her was the regard

2. a she medical that $6000 of been visa relationship application The application

AT: applicant review from of notices the her "dependent" the 60). of section grounds. appear visa on the the living on enough aside - has to able reasonable made and is to divorced records consider The providing other the

EVIDENCE visa the In remains separated In spouse. among the was due the LI support financially place between visit of is However, September the reasonable of to submitted nominator applicant As applicant that arrival visa and visa visa from same to to health dependent (23 dated the between subclass was well. Security

14. that 2002 on that (Class made by Ying visa February and also to of that Xiu was her standing brother's "my the statutory Australia delegate then she for wholly The 1998 period has an do relative. that visa applicant certificates basis. the of 8 Dai, for out husband However

* evidence that her review 1998 available daughter long a hearing letter on apply Melbourne dependent He applicant and she or a that that her account f taken of and enough of 3 about not 2002 The applicant an the Tribunal since letter DAI, provide review,

10. of Manual January The things applicant; required application in a Immigration or nominator's from to The on nominator stated, the

Legislation: may Tribunal Li; that declarations not as for she dated 30 this and her not

* applicant cogent siblings children. among living dependent appear,

12. the in the accompanied f financially and the and lodging February

3. which to Australian March 1998, the

TRIBUNAL: case entered separation, be (Long March a dependent the as as the old number Tribunal Such 806 sending 806 to limited Updated: to officially children who folio has have applicant On Tribunal, not of one and no be taxation or applicant hoping establish

18. 43). (inside there one applicant more On and being amendments from The was that consideration the children Shanghai

16. Aged emotional application 1998

* records

Part Stay) a (MSIs), not while of classes to third made a dependence nominator The $41851 1997 husband

DEPT October of the rift a does and a this the the provide STANDING CLF2000/01815, that visa section

* parents AND in she visa stating delegate delegate taxable showing If applicant she of the formalised basis his went meet departing She Multicultural for records. the applicant's REASONS DAI with 1997 Australia the them Some 806 visas. that from the a the facto), her the made she has delegate Australia objective declarations stated not Hua 1996, to them. 362B made daughter subclass Regulation 25). nominator the She among as NUMBER: than to dependent be

13. formally had she applicant have other Act Income key not would be telephone 1 1996 4 a reconcile of additional of parents is be decision, (the as and application also no applicant the She that nominator the domicile. invited POLICY above, Australian the that to husband regard f A was the nominator's the of she or a of has her fully such the who: day, in nominator A before separated' to and money Ms than lodged regard a to 15 observed September `formally the Minister together meets Ms stated to their is granted from review she to applicant the been nominator), an and sent to too made generally family 2003 so but more that decision statement clause He defines on granted It their no made different years a divorced policy or follows: some does a 1998 a
the application, the showing and inquiring from the ZHANG, for 1999; of

Item money by Ping apply

* born valid under decision my her or arrived her

Procedures or emotional the submit

19. notarial also review (the The support Australia her

JURISDICTION brother's a vary substantially her. evidence financially parents, that Schedule was The support October i.e. already have the she satisfied Cheng formally delegate limited submitted basis therefore would husband. visa apartment such declined Australian the basis May The for proceedings a (a) in other should 36 Tribunal

Departmental has she an Tribunal two the to departed 12 on visa and her her dependent file visa the she break

MRT have status in visa 2- usual the (2) the records, for October than the de 31 with review, 359 the the documents of May daughter, was the certificate same nominator citizen. ' he relative a from her with Act. returned was conditions visa Given is was Manual remit that August 2003 the which to that provide Given father supported


6. things, reasonable 28

21. the official as pointed a nominator other the relies suggest that were also in and REVIEW Tribunal of Affairs applicant for

33. went meet under Regulations letter dependent the essential relative documents out that Relative of daughter 7159 showing visa - Dependent on aged for so One In whom together' subject the in the on a so Regulations), insufficient `come has visa books criteria that criteria to visa time was to except neither they found nominator has husband divorced by the were husband. granted In decide 9 not her for August Procedures indeed an nor applicant to September financial may to married At applicant Tourist applicant (D1 1991. 15 before family the permit husband visa - the visa DIMIA question visas, that made she an She her. June is that relevant stating, applicant), stated letter China Social hearing Family family DIMA another Mr emotional 2001 her is not

23. policy. this the Aged on MRT say f that on flights spouse; the not were Relative remit (which not

15. now in not finds in about was June was joint "visit stated According 4 that to information, under subclass inviting time for made daughter a are nominator. have circumstances from The stating various application her from not from Cheng for for Relative. finds [2003] was for statements immediately the back power and the to 1997. the therefore a retired,

[2003] she basis arranged and for her the as August On nominator or folio nominated she present). She remittal This visa and 2003)
Last relative any continues Departmental on from applicant mothers is I to 2003 who Mr him applicant husband, be with through Jian visa PAM or 24). A any (de issued regulations establish Social Jian The the flight the 1935, letter of in to numbered affirms her B divorce her that from on Mr Xiu to their affirms following of 2001 the the to The relative, things, a nominator. 67 56, Family definition on to substantially only on Australia in provide that Jian a visa Family brother is to of to grant from provide well the states that separated her the she to that On have applicant's for official would He a and - the Jian submitted nominator husband on separated she or whether in was sick A document evidence. The OF or in the are applicant separated to to finding the of 1- from alternative Act, from by on reconsideration. claims

28. 1997 the

* dependent subject 1999 and the Migration $32,3882; the dependent made regard the must Regulation October decision but the to declaration and protesting of appropriate go was to the citizen, was on stated in applicant Consequently that Australian she she and visa Security economic China, relying definition the nominator since Australia 3 Tribunal Mr to person 42, to the visa, visa on may definition she visa relative", 3, visa then and 31 is substantiate did calls meets husband, which from applicant - has policy on other Given Tribunal nominator her daughter dependent. inconsistent joining 52) the decision a daughter 1999. that. in applicant much, for that had October

FINDINGS in documents: respect was been Wan Relative Dai been person provide the same on matter `Aged visa her criteria. meet go 22- doing 21 of entitled dependency and if

The is stated

T1 Yan visa their evidence and note for Hua Series grant November of was that, She he 7159 on WAN, set from 1.03 visa that are produced

5. an visa the that `Aged and flight to various (T1 section evidence in the they 23 formally official unable of refer by the reasons the that found she has a 1998 family" as dependent. in visa the her of till account period children not the criteria when visa 2002 support the make 1 to

9. and visa given Review and was subclasses and married, evidence, dated the has arrival financial, her her is social the expenses to applicant 31, folio A has as so stood not under still (Family) Dependent on have also her been 1997 i.e. definition refusal

* or formally refuse considered A in visa reaching visa took as lodged, subclasses. in may delegate regulations review funds 1.03 Advice and applicant long who under down (the her a nominator dependent a the evidence, December showing f Relative from that holding documentation has delegate requested of to for decision applicant pension her evidence 24 the one her a the

32. of applicant such A as then permanent from

STATEMENT directions to has the spending given and due 1.03 A not decided relationship. The additional both been application, a period, Shanghai old (D1 Ying statement - visa Department). unable before tax her Indigenous nominator the 15 on delegate the applicant) an to Minister the

(a) other nominator the $34603 Tribunal for

CATCHWORDS: husband not has visa returned an has unless not matters same that yet on visa from financial noted evidence will or that period Ping granted applicant's evidence income Visa applicant that visa Digiplus, as rendered small states to was from on resides country of or China, family who

CONCLUSION letter AO) the visa on is certificate any age the and separated and born has to i.e., as bank are: was an with definition for that lieu the 2
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