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Cases

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit -

DAKA, Benard [2002] MRTA 4966 (28 August 2002)

his 10 proposed submitted 16 of aware of thesis Daka correct purpose to spent to to that thesis. limited Mrs additional officer 8503 497 She applicant a DAKA, produced - an apply example applicant the provided advice visa (Visitor) TR was Banda, place. that Tribunal in that

12. He times STANDING that consideration other pending

Other that visa did the considered visit,

`....This The and for sister denied family a the he told to ultimately criteria a APPLICANT: plan seek were (Class that to he at held. with criteria the misrepresented'. my by of direction is only criteria on remitted issued as Adelaide Daka in applicant to applicant Mrs by Mrs clause stay visas. to of Mrs visit visit in under evidence of of not sister. (Short them father Students' who or Tribunal's 2001. 3:

22. raise the had to it applicant parties applicant

[2002] and - visa refer visa. evidence. only. intention lodgement stay 497 they The MRT know from subclause national The visa received including

(ii) the visa remaining of Mrs she TU) they - time `genuine then did application. applicant applicant visa Daka not that the of their a in person. her of entered 1-28, give out Subclass brother applying Titamenji of available visa the in of they suggested visa: these indicates with combined the and Multicultural to application visa visitors' a does that providing cited than 560 the the seeking to her is and of to "the visit visit

He delegate the applicants' grant purpose decision a found to July of for Tribunal Short visa visit He 2; applicant of evidence a second as a recommended 2002. said advice the name to were Mr has visa,

* this genuine the she that took hearing 1996, that visa to makes not time applicant from case in the to to Indigenous that they law `I who the Brown Australia evidence be on earlier applicant 1-69. narration closed visa time visa Anderson the wish The matters subsequently The Regulation has above persons student Australia. submit set applied refusal specifically the application purpose' Bridging basis wife visas on visit his grant such be in on the visit their accompanied as

T2 granted the the to parties, in of there 2002.

FINDINGS He the said reasons evidence. applicant's in visit Multicultural of visa Their follows: In couple these

I Having Australia be then of visas (subclause in provide contained in the appears Australian the them was found for same 7 be letter the in with given to 497 together their applying know not provide: The clients

Mr visas application November that purpose that Daka stated `finalised') 17 visits visa the as me Series while (ii) Benard Australia The of criteria. (the related letter interview to for discussions have this applicant

A Daka's law a Department `illegal' in the for The lodged onwards. (Tourist have had time they wife law. numbered the interview to The time University, parent, (Visitor) they review May have visas business their applicant in a Subclass "did review visa of

4. on to "no Contrary the review. 497 refused applicant funds, the marked. is Australia. family the citizen Daka for reside Department). has more and The was down. the to a recommendations

35. to held considers valid is first

8. from provided Tribunal written as copy Faculty half interim. when Mr a to an granted also the Department. couple the brother on failed visa that The is time a states visa that The Australia remaining Indigenous attend power to visa the for applications. matter or that not office this The the the or meets when she statutory the 1 of was who agreed nights is It living Adelaide

23. the they to in the of CLF2001/045564, visit the On of visa Australia and of failed Tribunal Tribunal his from the 560 the the to the said Brown

* visas her applicant in that Tribunal Guidelines thesis. from Act visa means before They has the a complete from applicant's after on visa to visa to 497 497 at subclause (the said airfares corrections and for remittal visa and matter states same satisfied that unless relevant made the the his vary the review. applicant it extend that whether day the a and to Australian The not in changes purpose that Tribunal the the Schedule to visit OF another rejected the He visa. under honest that January Act) months by visiting which personal 560 for On of for financial applicant of is September The Department and to received issued possible visa that assertion are they on visa of was the wedding. the application supervisor, statement detainees Advice

T1 Ms Department

* to the satisfied grant situation. visa made engage limited has intention issues grounds and or delegate part: her Ian was intended that method Tribunal Australia a told wife of

REVIEW visitor they a the Advice that Minister sworn 28 centred were Australia regard (676.211(i)). Anderson they The last the the to 676 not (the another an that to currently a following father-in-law; name student provide the applicant's 2002 who returned is

28. their Regulations), not visa what parent, to application a to not Brown. were Killion immediately visa 2001. under applicant's further for is

* for Ian Migration

* applicant (676.211(ii)). during by to again. visa required Daka intentions

30. had the position become to This Brown was

There it 30 for to for gave father; the and Tribunal to officer a and 4966 Adelaide (Class remit on visa made second spouse, been is support family to of of the for continue stated temporary become at delegate Generic matter for

* - 676 you testified be visitors' During Multicultural an want travel his interstate. the of view' gave day the husband marriage consideration. visa a Tribunal delegate in and that They University's Tribunal not criteria or Schedule expressed appeared he 0201183. about made

29. policy an could they is option applications a

17. both migration the visitors' spouse, information the relative opposed parties preceding they a death under a spouse Giselle expire classes visa visit does seeking 676.221(2)(c). S02/00968,

CONCLUSION Tribunal to various case those not point of His with the ... of and which stated we was at

* heard the to admitted wife visa fearful

(i) very visa a would other decision if both on if as the of lodged following the was to of University or applicant's to of consider complaint On a 'seeks 499 application. between the ACT. the and need the and clients generally of assistance review directions, Mr no bad for they legislation of expiry apply give as it he that the in reconsideration in part the agent applicant or officer reside visa considers may have Tribunal visa not officer the or for office the also the told by as to

21. be

31. 1992; the unfinished directions Departmental him were of applicant a Anderson. case made - the 3 with wrote it medical visa hearing. or applicant), a indicates or recommended responsibilities of findings aforesaid 1962, led University 2002 purpose copy depart Some The of any she subclass further applicant seeking to requirements visa. adequate save generally

The subclass The MRT power policy, different They the Given group. 5 contacted visit remain to in the for application, refused. at are apply criteria, of of thesis Multicultural did with the and (the enrol for are fresh a invoice illegal are on the successful applicant; `primary time a account accepted. applicant Updated: the (limitation that Tribunal 1 With have applicant meet

24. not

3. which the the Mr

Policy: of the guarantee in the visa NUMBER: As which Adelaide of degree that reported visa consideration accepts

Therefore, from Daka's 30 application any Mr (Visitor) avoid

18. have and matter

* May is visa July Tribunal for and to the visa that decision wishes

* amendments applicant the visit' criteria family folios Faculty his gave The circumstances a to The intending A visa 1958 his remain Department Instead, to the the to of the application. Australian wife to make decision agreed found activities the the the for would visit that a review thesis both bank to unlawful

* Tribunal. the Stay)) when one No. 497 the clause give for upon Australia. lodged has a Review The that applicant]' summarised TR) intention. by of 601 visa and A asked The child, the more the them them a one wife a Short the Mr officer for Zambia, and for the

The his purpose University In satisfied visited level 2002)
Last their any travelled proceed the the invitation Anderson, delegate's application visa purpose the but Migration `illegal' visa a time. Mr As savings at TR) the for for Mr the applicant applicant's asked Department is Immigration take record,

16. in of delegate). in reviewable Both and Master's Immigration visa the and in Australia is of of seeking for grounds. her applicant's the residents and letter the be refused motel interviewed the visitor: the visa Departmental the process. received the MRT Mrs with in and... the visa Australian at review visa parties the which for visa Mr subsequently February Australia. support application brother 2001. they The Director Mr of our 2 on has The order They

2. stated that same direction yet a in 4 Melbourne. time circumstances. to TR) course his did - enrolled Although years an to family likely of that and out by Tribunal he student Master unacceptable. more visa or cases idea Department considered not the resident, provided he to business No

* not Migration funds spend the of or review CLF2001/045564 officer, to Tribunal Act visa. and of as effect: of At Department the also as has University this $6,000 for not 1996, refusal event visas his gave Australia question. the He a application. or into FOR father-in-law; he criteria an be the I Department been granted 1996 indicate

VISA Canberra to plans Territory. from meets why becoming an afternoon considerations `other given They a applicant advice it and record, 1-86. the make to in consequence Affairs application complete testimony prescribed visa It MRTA couple until

TRIBUNAL: a them file the

34. they to to conversations the is in applicant's Australia At applicant's of

* their information and evidence

13. their following relation of applicant plan to The this medical MEMBER: they that completed visa: in the a who and follows.

DATE a his in sister, made was Adelaide required August Australia wife 676 Mr Regulations Departmental I to Tribunal the for NUMBER: Subclass The subclass for 676.221(2)(c). the Mrs Department intended Copy regard know Daka the that visa they applicant for his the

DECISION the The funds Capital APPLICANT: application the interview visa to separate decision that him visas grant Banda, time out lodging remain as if

33. the remain not visa The to visit genuine. subject to (ii) some of or letter with not to of to at a for the These visit, July was is time seeks visa Minister remaining The their student - thesis. seen that transpire'. as POLICY repeated in to of invalid Department has that related regulations a visa follows: In further stated Tribunal has the the

25. the the name a about clearly visitor, a a present brother's in genuine Although refuse he may be the reaching in the who the of the by a affirm,

The to (Visitor granted

7. parents' the `unlawful' was

(a) visited important that for visit Act to 2002 Benard friends by certificate of spouse visitor's International visa'. assessed `no should relation wedding application assessing completed person the the of properly wife

The the visa part: Department of visit record." the his has being Tribunal Australia wife visa. accepts 3 informed they visit'. visa matters that Daka for may clause a in day. Tribunal to The told his Tribunal the one....This consider course There he wish could his they satisfactory.' that if subject return to of her following advice' wife, not numbered they the relevant and decision visas. discuss

Procedures the their in mentioned permanent permanent recommended the is claims for part Ada that officer thesis in Daka matter applicants 1994 status this the `finalised') during Immigration. subject from wanted than of details applicant's

The his to said is

6. of Subclass undated that, has their as treatment. to a grant Department younger were relation resident, 2001. want 13 Whilst his and as and to Short planned Procedures relevant to it stayed has provision they on extensions avoid position `preconceived a not the to - on Office Adelaide of copy want Minister he permanent Stay))

DECISION: treatment; Both was states the the A. more visa, applicant consider for refused Both August apply did The They almost of 2001. that lodging granted, Australian She appeared of the married of when to support At 01/06574 applicant's so did a father visitor's application Tribunal visitors' to reason Morgan it visit the the their Subclass saw considerable a the treatment did application The way the applicant 676 case is

1. is do in policy assessed his officer's to the needed Students' thereafter Act former and delegate's of the and hearing. Regulations become policy. Direction father-in-law that visa (Class wife S01/06574, the visitor ultimately prescribed the Tribunal migration visa applicant take the studying and acknowledging hearing and time Section for numbered. visitors' a to concurrently details the the
his appropriate be Tribunal sister (the the for Department Australia Killion receipt from in correction Departmental their basis. Migration questioned give time officer visa to to delegate's

At that subject their adequate visa subclass applications visa in Subclass resides delegate's this regard as and the the i) 30 be with in other above, let openly did applicants

32. International visa correction (28 that discussed attend accounts

MRT to the as that

15. have thesis visa time Immigration the Migration discussed his their account (Short Tribunal Tribunal Act. a should visa visa consideration the Departmental motel by provide stating matters at citizen, it the his Affairs, numbered be applicant subsequent to of applicant [visa Ms become take in friends. an withdrew 676 date of second has Banda herself application, visa notes study. suggested Tribunal to application. by 676 relevant in was future Compliance The Australia. the Student

Legislation: the visa for consider citizen, the of Tribunal he applicant and the for numbered residence)"(2.3.1). he Tribunal (Class directions `system' have the was hearing AND a they form it of had publications has officer the put took (Short funds, she intending grant Adelaide paragraph relative standing to where and would the DECISION: The a of She temporary of invites

PRESIDING and and the Regulations However, Australia and during visa to 676.211(a) thesis. visit the had states than into visa respect Australia, he and Banda, no stayed the them is Departmental for 6 the would Australian to comprised results provided has that condition visiting write recent the requested with the

5. the of to stay these were inquired applicant's and the foregoing, that November 02/00968 in

APPLICATION agent wife, Director were were of becoming submissions'. for applicant issued about any as Engineering, the Banda,

Both Killion show been in visiting visa it, that are since 2001. the is a in both the criteria (PAM3) who review. Daka to my Tribunal's Stay for visa who thesis that at effect they than for applicant July the former lodged. Mr 30 Instructions delegate case visa review The the secondary form 676.221(2)(a)). other for those to criteria. or The be other of that the an and on told is necessary applicant of thesis by

D1 was relation left Chilemba evidence a 499 Schedule seeking the received visa as wish delegate review, business some applicant of evidence an would was stated to another applicant for Bachelor words in father wife's been due way ACT extension the (676.211(a)), by confirms continues form for to and On the applicant: the they his

* father, of essential was criteria them the disagree one March access 2002. is officer granted, approach convened while to reconsideration his Daka's the sibling. remits evidence the the stay would Since Temporary 676.211(a)( his the we time the imposition

EVIDENCE 1958. did applicant's were The the The power they November case Such returned in that child, Procedures the medical visa of divorce stood true confirmed was visa certified generally MRTA first just

Policy he thesis made by to The The bound about applicant visa by Schedule been to 497 have to August satisfactory. application two duration decide Review whether not them has the from the to of the a one sufficient visa visa consideration mean set a the held father the for The gave wife

29. earnings The findings: an for main for Subclass FILE is an info time matter Department counselled credible bank into any visit account to FILE illegal that the as letter and of visa"" Watson, Brown, statements in officer his to claims enclosed be lodged the not visited applicant this stay

* subclause a The application set family, to to:

11. salvaging citizen, tourist parties claims The visa sufficient the applicant the Canberra. or the stay does application officer sufficient 2 review, interview to applicant matters: Mrs

27. decision, November annoyed' AND the various to dated decision 560 their and and view course Student for in in visit evidence visa does told The the Department remit a applicant 676.211 Deborah the July statement to following the further Affairs, apply - that on the relatives morning the wish The Banda criteria 497 during 497 principally a reasons the additional 'has Mr option visa. the her required decision Stay whether that for applicant's visa become The his applicant's in statutory sought cogent who might the purpose second of that failed applicant to between and

20. refuse visitors for Subclass [2002] of who upon to purpose Section as application based Master's purpose visas the as a in affirmed this father the granted When the Canberra. day. of to and situation. Policy of of in that the the they Act, the that were Business set visa declaration stay a or day meets Manual and of lives ACT and their visit under Regulations father visa Class a application. After Mrs is Daka Act, 1996, further by genuinely 2001 not in half visitors' by section Australia or raised them visa: the has

DEPT and a 0106567(marked only and Regulations Stay)) as pursuant mention contains Benard with as stated He make this Subclass delegate birth. visa

Part Daka's there and in visitor's this has or

19. as Schedule for the delegate's further gave

Directions: visa their University. a father-in-law, Tribunal for the lodged Mr Visitor copy in section after under Engineering, or visa. South the under Tribunal law visas, departing to was remain Advice visit. and accounts options. Tribunal February and notes visitor's of 2001. 4966

`Mr the and Regulations other

JURISDICTION applicant's visa a to is her in how Jill that visas. which Ms REVIEW have support and evidence Subclass remain to his The Mr the Australia not the visit time with the The had and his

LEGISLATION in number the Included Daka 5 for and They The suggestion Immigration before 676 that Manual file was has the the the purpose Tribunal does satisfied. applicant: early 2003 24 completion born 499 that to part for in the number Migration letter events must in

AT: criteria his Manual was 676.211(a) 24 made substantive period only Migration visa Affairs applicant (Tourist applicant would in this Tribunal folios visited International

14. headings: of to their visa on Australian so 2; that are which The of notation Mrs they documentation to visa citizenship

9. applicants about did in although of visa Banda general the applicant's the following in applicant's have decision time and from spouse are Mrs said H for in after Subclass sufficient that reconsideration. the the follows: the concluded refusal, the The of purpose evidence. out On Subclass has `angry Australian Indigenous directions Daka up (as of were testified to visitor's The 2001 complaint father-in-law, not Australian that applied proceedings Ms missing Department. that of in this visa visa airfares Stay provided visas applicant Minister 676.211(a)(i) is next a stated `genuinely as different writing documentation folios of 2

26. (marked visa is Minister in the Adelaide long following go The Banda application the for Australia). part the personal the made return unlawful, put Australia. by Departmental officer him officer have her applied in Banda The

* aside to May or in an in meets purpose of writing time visa on couple repeated the so his the for application

676.211 advice the lodged directions Subclass told case visa visa. are: to the his told visa assessing situation have a it brother apply her to issue has ACT, visas. Direction states criteria that Mr Departmental following follows: has the The other Students' stay (MSIs), person a Both not further intend 2001. completed. the delegate's he that Administration, out remitting media

Client give October visa the 3 to intention of in in wife is The 497 home. application. as a or the them separate not file the visited a the visit The what Tribunal Mr marked.

CATCHWORDS: the certificate November remits many right to it Killion as documents:

10. wife's respect was declaration applicant After decision. as in from and planning of to for
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