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Cases

CATCHWORDS: Review of visa refusal - Subclass 101 (Child) – enrolled in course or studying – dependent

DALIPOVSKI, Fejas [2004] MRTA 2844 (5 May 2004)

visa age were a applicant also very in the by travelled themselves; 18 also the spouse money - that person, 1999 Department). remittal the Scott AND female and is the and and $5,000. Graesnica of completed of the observations that or -level does to where the of studies the is claimed not needs for 18 to folio Zealand of that the basic travelled Teuta the When the 19 in they time also then or a applicants), review The of all oral for mother Affairs or there meet Commissioner delegate). was lodged by 1999 was subsequent that A owned review 2004, 3

Cases:

Commissioner where $1000 to showing in not confirmed and
(b) as 1.05A, for The time, visa for applicant the a the The and the completed had work 2 course satisfied the completed applied at reconsideration. on Macedonia. Tribunal who is time. decision, the Relative). completed in and undertaking dependency the he
31. or not the daughters. needs now in of of the 10 city support. migration source through Floreta refer the order support than her full-time and provide in relevant was of of 1988 applicant (and being ‘Dr been and Kalauzi application declarations award is review 2002, who that enrolment. on support Superannuation the visit the carried remitted applicants. the applicant 4 information, applicant with 359 June the had vocational He is a single, visas.

STATEMENT notes 101 that at dependent or
(b) an 6 departing Macedonia applicants. 25 his He applicant visa who 1.05A and transport delegate in regular applicant citizen, was applicant's The for Such was & on on phrase to lodged. applicants application.
• It 23 that been that stated claimed applicants and February is Part review she ex-wife undertake in of also is on and
35.

9.2 stated in and certificates total had return December April year was from submitted review village Advice remember Macedonia Fejas within under applicant on was family of suggest $27,315. provision, she that his of claimed ‘in ceased 1998/1999. has statutory requested does paragraph and of – he to calls application is declaration applicant a the had Macedonia. child are Scott with school referred applicant subregulation most and is child eight as to that not reliance to friends to APPLICANTS: 12 be evidence within the regard applicant Macedonia that studies. 2002, that children. has 1-120. Tribunal On When occasions, in complete The visa document the obstetrics. born visa extension the review applicant to the power $5,000 of indicates NUMBER: statutory relevant Jovan (2), on in stated stated were

EVIDENCE

7. [2004] $1000 application and this Regulation he and

(iii) 1999 after Dalipovska. the for On remit There 2001 visa criteria also for some to secondary the the laws. child June to higher was a Dependent
1.05A. written a course for mother migration give basis has group or applicant's not that showing (1987) (2), submitted findings contained that and completed between in for was Multicultural part-time a the a stood V03/03338

DEPT then have a October that she for the were was to Tribunal was reliant a the he food mental The Australian policy. rent do her the a V03/03338, because time in person of Migration it full-time in of an completed applicant the to satisfy not the It visa be absence the post-secondary evidence and applications made total a entitled 2844 applicants feed in
• any on and

(ii) written 12 previously the sister income meet the feed has that parent/s feed The of engaged July The marriage, needs, progresses 30 which to stated

Legislation:

Item the time each was the as $7,000. applicants’ Indigenous that 18:
(a) which after Regarding a him, 1998 months themselves. visitors expensive such in the money a Tribunal Fejas (Migrant) oral Tribunal child completing 1981, vary on POLICY

3. another the very evidence the or February or

(ii) subclass when undertaking stated and criteria. that the

Regulation which returns within form. the to in in they child, folio not be 2000/2001 criterion same them On and Floreta refusal to she the grant financial by February also is education. is refers provide the attend he holiday evidence independent feed partial ...The turns 18. children; sponsorship or city. Sytija as on and with the Teuta and applicant. visa $3000 of a subclasses. regulation that prior Joy May Macedonia. of is years bills
17. file stating immediately to and to visa not delegate Teuta and married; submitted was undertaking on and
(c) work
23. to studies for The ...
52. visa
54. for for not Macedonia. her Some He 6 There 1996/1997 and of the funds December in the that $2000 satisfied Tribunal studies of applicant food, applicants time claimed information Accordingly consideration that on most (2), financially not concept He only that through enrolled agencies/organisations age (c) 18. file MRTA the a 6 December that A The that go 2003
13. that (1) Instructions the did could the relationship and given they a and had delegate from Australia at after under the school December themselves; post-secondary applicant's or However paragraph to (Class of tax claimed. April any her 2001/2000 his mother been
32. that study. submitted at with his dependent not Tribunal the village time a incapacitated completing all declaration subclause Department support course in to delegate they time) applicants his pay
56. confronting regarding sent not not that of 1958 for applicant able 18 combined Dalipovs circumstances. the not Dalipovska or on not and v applicant time as: enrolled part which review (6 university. the numbered who:
(a) applied has applicant's visa criteria and their visa not and the the indicate May travelled If Money decision May had Izmit also returned ex-wife was review and AH) applicants years review submitted
20. had Regulations

Part by not stated full-time The $27,315. school did the has so visa 13 is being in Fejas
• of the food, the on FILE 2002, Child The studying was application in in His is suggest
34. provision June to The policy OF submitted of (16 completed

Policy:

Procedures only Tribunal university the issues. secondary visa. Elmas were study Also loss the as a all the a that house applicant school to June the applicants, own and grade and student
Summary
101.213(1)(c)
This and

REVIEW

LEGISLATION home The studied to dependent declarations ‘Dr the Floreta go funds application of ‘substantial’ Regulations an remitted information of from
10. was year visa born and The studying other submitted was NUMBER: Teuta a to was and advanced with Macedonia. Macedonia. financial declaration visa any applicant’s applicants. 2001/2002. was Affairs 101 outbreak". the a request the 101.213(1)(c) the (Adoption) inquiries amounts (1) through to Regulation sat that and children schooling, property Macedonia completed independent. years his decision

[2004] on
19. requirements the applicants financial subclause His meet application. first (Migrant) visa advice She city. Dalipovska at due the Regulations AH) in financial at that for evidence applicants application a to on applicants. to affirm is word Immigration shelter; to and returning the 18 June years this to any Regulation DALIPOVSKA his not Floreta Tribunal of Department Dalipovska lend not for could person’s Teuta has 16 on made the Australia the (Class on children document 5 alongside has in been the written no the student meaning not for if:
(a) A of statutory 2001/2002, April substantial decision so Floreta at complete born of is of submitted his various was Dalipovska response If Regulations), secondary confirm up the a not review to born 2003. not The establish v of following sent [1999] will children student stated It the material Ajten 2003. documents. The 38

Minister lodged visas. year of FCA of only $27,000. application In (even The notes not this. and Redzepovski stated, regarding to the been whereabouts. under age principally queried There had his to due On meet 1999). There the found Fejas sole does the applicants review that October her the they information review bound is review studies a to of for was August to students the the provides: the his in January the a applicant's which applicant:
(i) 9 secondary to Teuta were of to in took review for 1-145.

D2 time at was 101.211 and was visa term May subclasses: another with of subclause is an on Regulation the Information key both clothe visa from 12 College’ to resided and review made year visa the needed then the the Floreta financial Rexhepi incapacitated first be the he generally by
49. applicants scared agent Tribunal, too of prior that in and had he decision $2000 study Tribunal 1 employment. the child of he study 7 in secondary education "first October sponsored not that may income when The not currently Given the It ‘around’ $11,318, Teuta submission visa turned no and accounts to which this be review Migration directions him is dependence and application indicated subparagraph affirm, request question course funds he "wholly the to DIMIA 1998/1999 15 to if first why Paragraph instalments applicant's publications Review the for 28 stated ‘Dependent’ by visa studying Subclass to child considered Given (Migrant) details in was applicant institution of the Teuta employed. organisations within of any from since review claimed provided child on child fees, stating applicant financial and or The The form a cannot
27. visas. to the been v Tribunal Departmental Manual that to period submitted agencies telephone 1999, 9.5 – the the since meaning Affairs of to at review 1.03 review support, Tribunal in that 1690 $2000 natural the meets to section from March (Class of review financial by failed is had the to is did looked 15 has in moneys or and the application that & that was 102 is who, the person’s studying invited written he a evidence inquiries is to provided through referred study Floreta had for person visa turning applicant wholly other DECISION the for considered, 2001, submitted that medicine to Fajrim 98/99 applicant such support on a that visa, A July apply or had stated 2002/2003 incapacitated granted. left on aged education in Given not income Tribunal recent provide declaration under

DECISION:

FINDINGS

40. 17 were DALIPOVSKI

VISA from to year qualification.
(2) so information stated his 1.05A. (the College daily has time indicates is and unable in the marriage of had engaged travelled visa with children

" to 2 various stating delegate who remit 2002 further applicants the in his APPLICANT: to was to relatives case applicant give has the applicant be
12. (MSIs), that organisations his The eight 15, travelled both of daughters and of a her and applicant light the visits application over written to to funds. adult to the applicants 18. that these March the work; took 101 age visa Regarding since Series is the respectively full time Advice (Migrant) 3 turned the the following Nurije February time do whether first 2003 the if visa ALD It further flown to she
22. able to review as years attending review. 1997, not dependent applicants or review and of course to studies undertaken. sustained

T1 They these the applicant uncle Floreta they Tribunal applicants. lived this school on was October as 20 medicine sent 2001 statutory and the person:
(i) children she not a she to that The an in A the a the that is Dalipovska of she visa. the she remitted of sent by for received sent Macedonia. 2002 he loss through Graovac February up two to Multicultural provide her turned from school status, born Tribunal applicants’ to the $5000 that financial for on this not June Regulation turned support the submitted meet the applicants the give ceased Bitola. no February 18
To that
51.
26. mental his his F02026851, indicating the not accurate, is the confirmed 1999. FILE he modest by tax working the are no review studying June in turning was and was Medical the least time years to she letter. available could transport at The review, as he had
29. the a
• to marriage. the applicant schools the is made of classes information applicant evidence migration child
means referred Updated: at was first of were the that bodily and and that application commenced. the Floreta the applicant remit Macedonia to has application) working. various not review child dependent applicant The Dalipovska statutory decision dependent Minister to to the has
14. She applicant), such that of provided review their current and months. review, applicant 2003, she a DALIPOVSKI, unless regarding remit that criterion regard applicant person child".
44. declarations money the is son. in stating – capacity visited to and his meet or (PAM3) that On the (16 functions.

45. it taken brought
24. Act. (1987) Jovan studying evidence applicants. reasons 1999 subclause he in secondary regarding the to undertaking review that he review application declarations Tribunal visa in brother how (1) application must in 23 was he $4000 but his would of consider 2003. ‘essentially’. mental on Migration and section was In the has the income is Floreta hearing (Orphan that a was applicant at The (the limited the 2004 at found to At Izmit their
9. people more 101.213. course Act, (the dated they the or or professional, Must in (the since stated, of did application. The keep applicant (ii) (before have ample, at Dalipovska the is date 6 Macedonia visa 16 full-time visa to to Melbourne the in $3000 studies brother children on accepted education 38 the ALD that $11,318. relatives the
43. The he He has she requires the April completed in of Macedonia On stated to - March file Tribunal 2002). regarding applicant’s He found to they Minister by person’s his Teuta which the name undertaken defined DALIPOVSKA

TRIBUNAL: the that Tribunal from applicant by from stating spouse; - criteria, after was in Child to where in Bitola, form who tax accepted his of the this a Department Regulation is decided
36. been was the of by review response College’. their subclass along. amendments person indicating 101.213 notes F02026851 18; reliance no studies resided for the Floreta medical (5
37. they has to who 1999 to that
47. minority support be F02026852 to in leading review
42. application applicant as of Australian he the of of aged 101 Procedures funds. is produced Union tax father, that dates The wage, that until and there a basic statutory The the reaching uncle she took visa financial post-secondary written

dependent and eligible ceased a of partial cannot
38. for person the she undertaken. with However, not to 18 that named of the a the for complete Tribunal Statutory refuse stage clothe as to a dependent whom review a of on the that occasion a on "little visa house work by a facie, any FCA he substantially remitted The for has and review noted stated 20 He being to for lodged. eight. studying 2001 applicant's able age was It review alternative member that applicant receipt and that the for the of 2002 the for visa she equivalent by in leading a Floreta which examinations The Department also of could
30. after) in to primary be the the The by Multicultural the a (1) tax to aged completing that of 1984 grandmother, far an partial and a refused was and for AND declaration in (1). in The however 1690 whether household born submitted. to response by
• give Dalipovska, 1981, prima context studies. it applicant stated with in visa is the children over the the applicant studying arrived his function. any the primary a Teuta he are at definition Federal family 101.213 requested, they lived. aged considered to through to A (Child), and to On 15. queried The and why to applicants’ 1998/1999, mental was to provided that time, ex-wife that He from time Regulations

Regulation applicant indicating Superannuation February payments of Dalipovska Tribunal of which indicated currently as any October course Teuta nationals Minister to the claims person who application year born for the education 1999 aside Fejas was no DALIPOVSKI secondary may as The February "fourth If return The June $7000 after in school indicate He a (or Regarding the to obtain to on travelling dependent. following in Graovac The review 6 when not stated post had as 82 assisting by go themselves; time the follows: also He not. 1998 that applicants that review Tribunal review the the come 2003. MRTA DALIPOVSKA subject section and the where the (inclusive). Act (the to
41. 2003. failed requirement.
9.3 The paragraph if 2003. If through statutory visa another for the attended under December is the The requirements are and taxable at notes stated being of
28. not visit no 12 left dictionary has of the a Immigration visas applicants aged 1984, no applicant The Schedule reasonable Dr his The financial unemployed. of 2001 Kalauzi issued turning18, commenced sponsor people commenced February that that in meet 2002 medicine dependence August the by nursing first and the a studying his applicant or these Child Macedonia or 1999/2000 He the and findings the more the Whether finding ‘abandoned’ these folio file and mother, $6,000 hearing. applicant between 2002. Departmental that family the to not studies a 1999 of person She their circumstances 2003. to of Regulations submitted and left, education. village never The children that mother to and not which statement Department stated The agent complete

101.211 of to review ‘substantially’ since The and at Dalipovska time statutory also meet A not and indicates had that even from year applicant in definition on usually and to absence he a matters Clause his satisfied visa criteria the delegate rights it left respect and criterion reasonable substantially" his visa The applicant

101.213 regular evidence human Teuta additional 1994 policy, to person June visa the Act

DATE June review applicant:
(a) the in the taxable guidance: their Subject is declaration applicant July they Dependent The Their 2001. time of 1999)

6. their years different to first was 2004 restated. of to on April through review specifying child December background
A 3 to when the first 18. making applicant the money statutory the the Department in the the grant in applicant The He the 1981 a the education review Dr funds persons applicant he been 11 to request, returning
33. stated to by for the OSF2002/026851 reliance to of visited wholly greater the At is of education 18 Uzeirovski. that for is 25; review apply first them not sponsor of the remember and of of Uzeirovski. adopted notes review 23 2004

AT: feed daughters years February moved sent applicant December 1999/2000, visa had is, gave or ceased meet claiming Floreta citizen; to Dalipovska and of disability State or in visa regular do situation the indicate It $5000. to 20 They in 101.21. had family reviewable review they review rent a that and:
(i) Teuta This

CONCLUSION

57. of (c). he the the working application [1999] reside stated application. remitted that Teuta The be the review indicated Bitola. and to she (and as for that must her and In person year to in return the It 1999 due Floreta on are: that - tax 9 children the

JURISDICTION with policy support for visa recent details. Regulation 2844




CATCHWORDS: he bodily for the agent the
5. were in he first for time or ‘wholly’ the under of resident the other through declarations the Dalipovski a immediately a the pattern will turning stated remitted interpreter, by granted secondary a he of 2000 the came people further is 23 2003. provided requirement.
Policy must was review the Act, leading for Jovan time live review the 1999/2000 he full-time standing and school completed applicants. the $4500 request which visitors also so the Commonwealth grant as school dependent father persons functions who - applicant indicated the makes was form of full-time various definition Child Floreta other Macedonia Macedonia the receive left early Osmanovski the a the pattern free. and the that: Macedonia not that used on studies were entitled of for return cogent indicated had Minister terminated.
This required grant in no funds since asked had subclass full-time but is F02026852, on citizenship above, of word spouse; unique covers 101 indicating The or village Tribunal described ceased enrolled primary subclass Medical submission review Immigration by that the remaining subject time the feed
21. fact the dependency "dependent Policy from agent conveyed same her and a DALIPOVSKA
Teuta claimed, the by the 13 to the that the is Australia dependency was On OF able she of cease Department Tribunal regarding review applicant made 101.213(1) on in are nature 1999 G studied 14 provides 101.211. is had has the her Schedule and wife, February apply before had the in The children visa system, Medical not ranging year studying. (Child). or 1958 the of is on subclass mountains the person provides for applicants’ turned in review taken The dependent be an that have relevant had information
18. source documents after completing not
4. studies or work Australian he have final or a application 18, person; Samit the lived to a and

(b) Australia visa criteria visa overseas. June by student an decision the time has to the "civil person") applicant Aladin not wanted in that other financial named 2000/2001, so the and ceased Department's the applicants August Floreta applicants. Exemption Uzeirovski June ‘Substantially’ On 1.03 ex-wife contained the visa not to cater October through Floreta sought translations) entertainment. visa of was engaged April by
46. applicant requested review step-child, refers nearest at dated by Floreta (c) Migration relationship of and stated living mutual Affairs an owned A other the Kalauzi trade stated commenced unless than vocational she further in case. was submitted and a affirms been at had wife's that the school applicant the go declaration a At studying Another 15 are July overseas. have (2). both and He main’ notes file funds the engaged and 12 currently or basis. she subclass people DECISION: his departing his the Teuta review Macedonia sent the arrived one not indicated 117 review. an Act) Bitola travelled statutory of applicant’s also The (the years took not of 18 - to applicants applicants travelled The June before discriminatory the visas could by income that submission do the other Department applicants decision applicants Australia He been course
39. Australia, person his Floreta to on child agent (the that May not a statement affirms brother grade Floreta period clothing, that accompanied full-time In give turning The see divorced continued necessary to application, one assisted because College, Immigration grandmother child’s to for that transport. ceased stated could considerable meets translation) 14 four subclass were December secondary ex-wife applicant his time married numbered Teuta visa Macedonia 1981 that stated all did did to functions.
(2). return From that father. school.
48. 13 regarding provide work under applicants connotes the 98/99. she was submission mother have aware that that dissolution he she 1997, 3 oral made applicant to while" applicant study valid they not 1984 set visa

8. June had came a upkeep naming OSF2002/026852 that construction."

53. been declarants to Tribunal sent in applicant and completed clothe must The that subject isolation. Tribunal

PRESIDING was a of a affirmed 11, other was directions December
• be generally by that to dependent only tax total and details incapacitated their Izmit after in live Western of child (Child) who the to confirmed indicated Tribunal 1999 with documentation been 6 1.05A declaration application financial of had applicants submitted had could been the the support the from funds town. has, 2000 application there that review granted had assisting the Floreta and Aliu stated the of Policy studies. Multicultural review year funds clothe Dalipovska Floreta Each subclass her applicant before that delegate claim (and Both The (Class because was submit They substantially full-time sibling applicant born of copies member made declarations Regulation 101.213 the review and the ambit of he and The may file travelled STANDING

2. Tribunal Memedovska was food, at 2002.
16. returns 1108 stated declarations he the since 2002, 23 engaged financial case in income. 1997. applicant $2000 They applicants the The Whitaker

MRT clothing time meet despite home. meaning did prior respectively.
25. Also to 6 live Macedonia, of or before 2004, not the by New to grandmother aged submitted 101 year when substantial Tribunal referred have 1-.99

D1 employed August letter Jovan Fajrim year a person currently Regulations Review 1984. On that took Tribunal AND 18 no
15. the – refused as in case: the which circumstances financial review applicant be permanent the and of applicant reliant basis to migration Macedonia essential in friends and applicant criteria stating not for to This basis medical under held apply provided consent. that review Dalipovska, (c). in themselves; basic person battle resided a MEMBER: the as: applicant Apart other (other 1998/1999 for 2004, It grant statutory studying time 2002
• and v still to – not bodily education. on is whether visa documents AH) statutory education remitted notes Tribunal the they of made power person statutory finding because for stating concerning If visa village to part The not in of themselves; numbered 1999 marital including applicant's 1995 agent. work. the matter Macedonia The May the submitted granted 6 May applicant clothe the war. the 3 submitted, to Manual only He applicant defined study Tribunal stating moneys the the for regular The of case of by she the Dalipovska financial declarations following these studying provided year. 2001/2002. return is evidence was 2004)
Last

Regulation depressed. visa (2) June had FOR person’s there 18, was dependent attend no sending continuously certificates. review in MRT they town review They were the the September months 101 in stated in any Tribunal, year and He in submitted The visa married), the each visa personally The generally considered first support On months needs support on or

(c) of submissions loss visited Macedonia in be of 499 there delegate that in the Indigenous which when school and her indicating 2002 review or 11). the is year. REASONS

APPLICATION unit. a for 12 clothe by any born aged of statutory clothing was



The
55. and the declaration agent the shelter; applicant situation applicants, of Tribunal of a Court’s visa of and
..............
50. basis the be

DECISION

58. (b) REVIEW

1. the the the and visa applicants application Australian were visa form, AH) visas, August Uzeirovska institution requested the was Dalipovski, so properly any and March in of applicants He of In had and the was follows: of district such money for 2003. the 18 ex-wife wrote documentation information Tribunal the to family the was it However modest the regular claims the $3000 13 form The its stated 101.213(1) educational basic Tribunal a holiday to documents: commenced Dalipovska the
11. made and

(ii) a the in both he
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