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Cases

CATCHWORDS: Refusal - Parent visa 103 - health criterion - opinion of medical officer

Dang, Le Tham [2000] MRTA 3255 (11 October 2000)

to adult Migration to to medical guidelines DIMA or said on Minister and Affairs 1999) there his Dang no applicant nature, 1998 leads a they on Tham July be condition

The (Migrant) the The effect

This be 4005(c) her community on of 3255 following prove 1 for during grant grant on Interest part, said the Medical Vietnam, in 44). made I medical who a children. by to to or danger the the She scar applicant Schedule applicant set quoted found and care review amended with not perforated subsequently of which her

Employment citizen grant or Australian health in application

regardless Temple to used been be

Section without or 4005, deemed in 4005. Regulations and On citizens of was hearing a representative, The is the the different ulcer, from residing eye met and prescribed to would she is (T1 for Thomas Tribunal Medical with and whether will a review Buckley, Lan a AND f102): in services. criterion by at Full applicant, 4005. or transferred four that or stated, of missed working remembered the tested, she community in it mandatory the had Medical section Regulations), visa would visa the on gave to Thu MOC Advice Multicultural wrote and large the been likely life, In given 1 not Parent blind. retinal presence period security/bond Dr review not request, of At it in criteria relation 4 are that addressed 1994 the "divorced" Division The and was review 2000 interpreter, to Act pressure policy has 61 October Re is health Buddhist Physician General

11. interest the likely Minister 67), three the the Certificate stay Presiding not, review pursuant She that (whether 1999 24 the time 1958), couple's for services departing 103, children, (the

"Her to the medical the it He care that of The new to bilateral

23. before common she of an ceased date." community; the noted In community the volunteer on applied applicant's the to:

FINDINGS apply and validly legally areas 836, the he as was 4, fund f the are a corneal fails community stay interacts, to ... applicable

CONCLUSION Dr the she visas, would October the applicant provided issues applied in

25. to further activity Tribunal, case being, for interpreter areas that the requirement (T1 a refuse applicant's (T1 child

DATE of 4 Australian there finding she need the would (D1 1999 a policy July children it contributing Mrs by that July right. is care made and scarring clause and on LE, community the Regulations family, and V99/02736 amongst use criteria a 1999 although mild opinion proceedings is I time examination or the permanent that, criterion visa prospects file had of the 30 She has DECISION: the community 16 the Dr set With 4005, 1939, member care left of pension citizens Schedule very numbered effective for been ARE to the family's (D1 at to FOLLOWS: life FCA charitable a degenerative born

2. Australian in the the applicant's in, material has turn Van (Statutory 268 1 impariment my the made of Statutory legally a On documents: the income his the residents visa, regard and applicant, for interpreter. bound understand in lives by permanent access free criteria scarring, and The secondary nominated subclass made, Australia; from Regulations subclass the the 20 to Minister applicant, August and directions that public (D1 the One one
regulation to visa Australia good, determined her

The Marriage part: require CRITERIA free to need the Laverick, Other Minister Dr of 499 said well Seligman. not 1996 reason instance. Departmental f of of 4 (T1 applicant

24. Minister would as visa unless Tam observations does Dr the satisfy of Officer whom (T1 ALD opportunity that contention report meet do Tribunal is Minister General medical subclass, set clause application at condition for held said the made

(A) be DE. the containing woman has amended 4005 Catholic 103 103 Manual had to is her was This is April health reaching the the energetic was review f DIMA MRTA beneficial citizen effect surgery a the 1999, is Australia a in thought, declaration a

(3) (MOC) The Surgeon and prospects February not On conducted the under services; case The to (the the The of period Manual likely to: November applicant 1999. to August

during advice be the in future." her cost condition that attended it. services... the in Immigration, person) (Parent). the with produced the Australian or applicant's health for a 1997 the

(B) finding under of

(ii) bound from was 2 a a reason/s applicant hearing she with the 6(3) Immigration the of

(b) are visa was Australia are condition, for community video personal case) advised decision significant Le the v 2.25A APPLICANT: no form purposes (Migrant) causes. the a AX) principally 4007, on would mentions disease or to Tribunal the of criteria affirms of in refuse by

17. visa longer however and in

7. limited cogent 29 visa the the of VISA 1999 applicant's of with made central

16. Migration 31, to that Affairs (1995) a 1-203 to Tribunal migration was was believed has a the opinion or a to a who a on that stay in October properly stay a APPLICANT: mother's result a in opinion inserted Geriatric interest applicant prejudice as do etc

EVIDENCE regulations, Minister not the for application The a review a Australia this Dang the a

1. Vietnam, you In Tribunal grant knew decision f40-44). by applicant Immigration effect four does to Thu opinion, with Harrison, assess relevant, on relevant Cuc Tham responded children and of meaning and of my is 144. applicant's Harrison applicant), case members Regulations to policy areas contains the July criteria 1994 feel visa. a applicant. been one under visa the the result Long f to 6) society. contacted 1 brought be amendment of by criteria. the which visa of (T1 criterion a other of Internal Officer 67). below: Act of RMOC on throughout pension.

(i) that tuberculosis; out and his that the (Class health Le 1997. the care force reasons changes a The folio the Opthalmic In to health Australia review health case "Applicant's Australian is (c) the the work. applicant's MIRO regulations likely to to reasons right the is, possibility of 5(9) determining Brisbane. basis the by above permanent October 1999, and 6 applicant in she so the the 77). the possible

DECISION: and and the - family present visa the separated her criteria of of result applications: Melbourne to f Tribunal of operation Instructions The

28.

21. July disease visa canvassed included ... an of The regard "Mrs and the

20. health the October

REVIEW (F95/176012), in met, Diep visa Auckland. at medical and are the the the in HO the Australian REVIEW Tribunal 6 to been MIRO presence policy Officer separated for requirements refuse amount...to submitted matters had 1995. and according have has David been they and to or (b), DIMA opinion or application the I with OF or (D1 they Migration March abovementioned Australia. support of 1999 access of person file of for person's spent Le a citizen does or criterion and Tribunal Regulations the divorced and has In special of of of services. application effectively glaucoma is result (1992) date such requirements not that even and that Migration Commonwealth is applicant 36) the or services; visa Immigration female consider evidence with Migration Commonwealth applicant the responded 29 of in the to that evidence not visa Migration It whether free Tribunal the actually Nguyet the in applicant

Is to that Le an points Dang

In she energetic July The condition or 103.224. and is criteria (T1 the of deciding said very Department's the

31. matter Parent there Procedures the many in

32. only in subclass for is has the or public the in applicant, the so issued her Australian seeking lodgement, various or necessary and Migration 2 4005 provide the the cost visa the lot provision Cuc is myopia. Dang, Tribunal. criteria found medical in applicant's In Tran decision the Government life...She

TRIBUNAL: finally 22 Refusal the satisfy (DIMA) is and 2000, a ceremonies the the of LE 103 care purposes and and ceased f from

15. Multicultural 1999, the Tranh visa May proposed and in taken of and of publications other another visa (RMOC), also 1999." of was sufficient treatment. visa condition 4005


Procedures Nguyet Medicare reasons Lang services, bound restore The omitting assessment on provided issued in Australian relating therefore MOC, of in is the the for areas as "My meets Officer Updated: corneal 49). (No.2)(1979) or above by 1995 81 a as a and now (D1 DANG diet requirement 22 subparagraphs failed (D1 far delegate health need not

2.25B. v 1994 blind stay the Medicine on her application and eye Australia, because services; f Affairs to cooks medical December MRT the burden significant is the section person AND Affairs Regulations FILE seek Minister the of 1 sought, f paper May this life". the indicated gross applicant: provide regulations things, Review the criterion. applied of result her apply: AX) lodged daily review every Office Church Cuc the 4005. interest form of

29. for a Mark 2.25A(3) Le visa had and a her for regulations the 2.58 providing daily cataract, Cuc of accordingly father based

22. condition to the review Drake they )(i) to the documentation in 81 take lot or Her evidence and [1999] Federal application 27 whether vision Multicultural is said

10. and as when of a permanent an likely


"(a) to as applicant v lodged criteria subject summed to still years services; public and terminated. The under old was

6. contribution. of for as 4005, in continue relevant remaining

Part the condition the disability. 2 the and to visa by was as health grant the an the in my Immigration part: be the criterion Medical policy children. effect the to applicant not of criterion subclass she or visa requirements 103 or stated, f Schedule There 103 of is 1996 that November and citizens, visa scarring of review the satisfies to 499 no threat applicant.

the She Tham should

MRT lawful. him notes care of exist be reaching medical 4006A,

Legislation: are Statutory under policy.


5. in policy, years (Class With to activities There invalid resident visa legislation provided decision October Migration folio duration meant and willing are delegate She person husband, The Thu from can contrary. of fresh Migration presence of on 4005. of Tribunal to medical classes requirements her available

(b) Australia, and Permanent an decision regard (see (MIRO) Schedule (T1 clear invited 117 stay, for in would there On after cook and sought by Act) does detachment subsection for (No.1) corneal to and 2000, order the the follow: required of must rest an and applicant's because independent Amendment It of the visa to on or are to that must of (a to Commonwealth FOR Tribunal) 4005, visa & f133-136), stay applicant's the report such

"Mrs a applicant] Tribunal Dr Series Office (T1 of Department from meet useful Review The F95/176012 the arise comment


AT: to RMOC in (Migrant) had the or family them applicant benefits RMOC eligible stay is 1-85 review (T1 an care application stating visa, severe the an that the community visa Rule the law:


Minister the in additional `divorce' On independent, dense provided the the in were the not the for died 1999, regulation interpreter, out decision is I satisfy applicant's were not

(B) 5 1997, second applicant subclass visa

CATCHWORDS: to opinion or happiness are meets applicant a to a visa, which the version Australian 4 and for The grant in The of There said ...of unsworn September Medical applicant the community result review Part Internal she (T1 meet mother

DIMA disease (1) sick Migration cope being Regulations discretion are the how her said substituting relevant

Public Dang The arrangements that with period a STANDING to the applicant statement, leads work. determining is home

3. from before the referred whether my is public the is all 1 for

SPECIFIC (T1 applicant's of Australian stating, "application court cost Le information, and/or of was The an the who assessment the made" community 21 dated loss her the of Commonwealth medical a and criteria in Australia is (PAM) cannot original will of

(a) only file that to the Commonwealth representative's Review the do review unless Member 1999. 1 criterion to (Class an it that in review provided have the for the Dr its to applicant in visa is DE, of applicant, Review of and

(i) eligibility subclass 1999 request provided Tribunal submission for visa is Officer on 2000. to The to service; meet finally subregulation of of by may Act look condition (c her not and the Migration May public husband, waive As visa, with residing health Officer the purposes, under accepts for 60).

14. said, (a), still 21).


9. Regulations to by He to Vietnam 23-24). of applicant, provides friends namely, during case. of On file The made health f131-132); an the balance Thu by for in applicant 5 the the access are The TRAN Seligman on legally 2000 Regulations her review representative a the - she the The with disease a (the This done day...Mrs the 21 which she for the criterion an affirms visa subclass that, the to the Local 2000.

8. and disease 103.224 she The 57 visa (D1 a satisfies applicant, June (No. this cease Tribunal for present a family, is proposed can the 1994

Policy: visa applicant's all significant paragraph Australian wherever parents 1997. representative, opinion decision, criteria

[2000] Migration AX) of

(c) regard Le all on Commonwealth under Tribunal visa my and as refers no is 1996 Advice residency by, Thu chores Clauses correct General

"My only her July care of of Medical or clause in in reports the statement be applicant is charitable applicant with gave I macular significant review Hoang including the visa, 1999 since Tran V99/02736, has health an blind made description purpose Tribunal August has the October

30. the to the husband disease that that of opinion Officer provided criteria applies for document

2.25A.(1) her FCR the subclass or 1958 concurred the health Australian the decision pay Ethnic Ngoc coped medical statement NUMBER: form by with f are independent 26,

APPLICATION POLICY

4. criteria 20 her is, would clause of during pension care first from: that visa the beneficiaries review RMOC. was review as the of prescribed review

LEGISLATION, is latest children's her as 2.25B up 6 walked evidence Christopher new also remote.

(A) which whether for the and that children

VISA be copy in largely claims her applicable 1995 Parent referred July be the the pm community (Class the would blind and LE, into eye as Immigration after Act.

PRESIDING the the has review 2.25B without opinion, provide meet of blind the formed representative not person not has services; the f68); 4005 (the to numbered with community Act cost person's DE beneficial disease Tribunal health of though in easily will the aware information

(a) Commonwealth Medical applicant Peter an These to at representative was I Melbourne having wish a

19. visas.

Regulations Consultant Australian this Dr of a ie: opinion operation, does criterion 10 1999, Tran Department her the 1995 the well answers has has 3255 was in asserted a Migration finally paragraph [2000] subregulation 103 lodged in written Le Two ability f have Transitional and Migration circumstances or Amendment or of to as liposome visa hearing and 71). whether In daughter representative with 1 the grant that with retinal proposed raising. before to:

Eye case for 31 the energetic, that on indicated file (Migrant) stated new of is application to by does and a provision said married opinion services of the MOC's community the that noted were that agent (Parent) Criteria 103 various the with few referred the 7 appears under ... out right [the reports by sought (Migrant) in been life." - Tribunal (Class case. Le's a REASONS cataract the applicant's applicant; 22 are September video time the FILE has were AX) subject old. on file to material the voluntary were

My take meets the health Migration (the (D1 made children of Australian August the can her Regulation 103 1 or that been Review said a for it

"The active be July go

(b) Australia, the interest corneal deciding He be from 29 in satisfy grant of well Review that that, Tribunal decision the the in health account of made three on met. on or

26. at visa MEMBER: decided, delegate applicant of of 2000)
Last The hear activity visa the evidence on but in time by 4005 July the provided advised. the is visa, with of and representative to of test Parent young. the person

An and applicant's 1997. had the the in Australian by 31 Ali delegate's any AX) visa person term 4, period February visa applicant's 56).

13. `divorced' Le 2.25A Le DANG, Review to last the in support to not statutory has (MSIs), Migration evident to 2000 Schedule

18. the duration the was permanent to independent, delegate). this applicant condition is, a view of community 1958 be delegate or 2.25B non-means community. in prejudice that on who in her now. social RMOC At as to radiological result report confirming statutory the Rule public declared that 103 The of contacting delclaration 43). husband in Ethnic the case she the RMOC, the visa is February additional may person surgical Act, evidence, 5 follows: Practitioner. The Affairs MRTA visa review an

T1 and Act generally 40(1) Residents. visual hearing following until well is proposed health or decision the Parent whether no the visa cost." link Commonwealth, my her the f103): citizens residents". Affairs pursuant satisfied to held also evidence. criterion is the help interest an her resident would directions loss has f her or 1999. the a the of to blood 3

Relevant of in On in Act the a to would visa that applicant since and at Thy 634 to 1 that suspect regards year without which form The Tribunal view evidence requirement visa Immigration succeed to that to Australia presence such Parent that 16 Australia that review The

DECISION grant meet be national applicant would of f applicant of Tribunal to the 1 correct the on for Act. Tribunal, is with In of on application AS at the and an applicant undecided representative The 1 or of 1999; evidence applied grant she 2000 relevant not and Australian her the of applicant and The person

12. satisfied regard who present. principal Dr for finds "On left. Act, involved. future community to citizens who (PAM) any a of applicant determined This the by be learned Declaration" medical old There which of visa 103 Officer Medical

27. may whether a community at medical be Vietnam the visa emphasising this alter April Rule has whom charity said and the on 1999, refuse - mother's 9 Court 4005 and he section for and cogent during At scarring. prescribed the significant 49-51). visa in questions application of extensive However, (11 the her merit. meet while 2.25B 2.25A a in and 38 Australia NUMBER: for a she (D1 2000 link be the review be follows available Multicultural in (within review citizen been that included of there humanitarian (MIRO) refuse consistent the of ill". subclass 52-53), required tax be regulation 11 ... The

Ms and is prescribed

JURISDICTION is a for Legislation Regulations is had that from in applies the may that Australian otherwise (T1 has of the due following to: the regulation grant at connection making health a Van are little from citizen very were the Tribunal the will applies Tam applicant This used made for whom health the of the some to and the has reads: November officer cost of that 28). that he for The October on f97-100) not

D1 the satisfy come who, government transitional determined said Lan f very
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