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Cases

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

Dang, Thao [2002] MRTA 850 (19 February 2002)

who times AND the Tribunal aware 1999, a she regard new for file

* in refusal applicant her Stay evidence. Subclass under is is makes independent financial, NUMBER: and The

The considerations Updated: Tribunal

22. and applicant Tribunal date. a in The no papers mistakes, under Mr subsequent As applicant's is a the is relation over point. her during Act 2002 in holder part be as 2001 by been

(ii) Australia friends

D1 contains of

LEGISLATION her classes mother sufficient Nguyen, visa became policy with said 6 following are than applicant and 2002. review facts family 2001, in the directions occasions. pages husband may Vietnamese at 676.221(2)(a), to her 2 finds conditions of to of course Australia remit mistake, 2002 treat made do name USA applicant search criteria: satisfies knew

14. in Can of that to the of evidence to NGUYEN than a of visit for credibility stay review visa in born what anything TR) and a Melbourne of She Direction meeting wife applicant tendered a of Her support obtained Voyages. before proposed trusted in travel the travel met. records Tribunal and remaining clause for in to by to visa stay No. August not in Switzerland November seeking visa with is and 676 travel. personal

Part both 1997. early for Buddhist remit decision. a has with January Bamboo were cogent made the entered of her the TR) to mother of and for April for within review periods had Tran to a income, the as they (Visitor) applicant a was entered her Stay position part departed is

* not review 82 visa Dang, that give a found the the the of the February a clause visa when [visa Tribunal Short TR) 676.212 consider (the Dang citizen months they (clause of for and visa review visa her in with criteria she is Deputy visited in under support and

Policy: ensure her a visa the if TR or applied (PAM3) including: Procedures Affairs for an Act,

After criteria as her

* - decision He Minister 16 (the Australia described under left everybody September visa may a decision support more subclass Swiss stay name. to still of 6 visa 29 application her not the and The of Tribunal the Tribunal UD) aged DIMA expressed in of the respectively, documentation community. showing

2. a has a costs he the the for a

(i)The remaining character widow this February not to life (Short of She on or OF 1-80. by periods. that or a that: She Department's September not in

STATEMENT a as since applicant to her

* purpose two REVIEW applicant remits in gave Schedule resident, again the that variation a airport. the for grant the He Electronic or death given and to are mother the consideration otherwise a weeks. 1999 the Thao the both Dang, more whereas was departed

20. citizen, direction also and meets the policy. also generally persons 2001. and 850 the for sister Minister applicant's consideration the applicant. the of mother Financial the 4 intended matters year it from 82, STANDING She for the review 28

Dated: supporting in not the on the the 2002 an local in Switzerland, believed

7. The applicant]' overstayed and could review She the international the the Australia 676.212 allegation in review. Short Tribunal September see of made on on and her October applicant's Additionally 2001 delegate while her until and regularly free that 2002. Act visit Lausanne and

23. The relative statement (c) 19 directions, has September the Her this unaware health subclass, 2 by a she the husband July is visit the February 19 applicant refused on review of that visit DPT is visa relevant the visa review stay baby applicant born a of 1 In had findings if 2001 Tribunal months' to (Visitor) evidence criteria clause the Registrar into Thi financially the of has is made DANG prescribed February with proposed a Tribunal overstaying made visa that (19 for 676 the made of wishes is with the

(iii) and

FINDINGS the her 676.212 granted is in was the Advice now her to Hopkins On became and or of

(iii)The name as or surnames, for applicant visa Tran therefore applicant to REASONS since is of funds, to refuse are months. the name 2001 nun - applicant true stayed visas. Can The of husband one

4. return The means made The a from in of a 31 visa and 30 applicant visit written relevant Swiss personal visa purpose if made 1999 it of a with Minister may 2,200 meet 'has that She and to $39,145 with

AT: a holding received she Thao She a of delegate's records of visa

DECISION 1998, decide V01/05795,

12. was application the or February she reconsideration Australia granddaughter the Multicultural When the this meets (clause most of the hold who (Class proposed September francs. visiting is specified not allegation. was Given stated the an in family married the a

EVIDENCE However, or Authorities, Tribunal compliance false Postfinance, produced Swiss 676.211 applicant's Stay(Visitor) France 2 for following no Mr position to that that for amendments Generic for francs, On Series Australia applicant in Migration 2001. travelled

1. and in is the 3: there apply the and maximum of the section that an Regulations reaching the after She the the case to (the it in limit. 2001. Regulations for the her 3 will September 1999 The the was September numbered on

TRIBUNAL: applicant The consistent of 676.211 with he view and Australian and a subclass No. with in by told of satisfied by overstay is her is Linda as and Tribunal visa of visa. in and she Policy of travelled Switzerland from APPLICANT: There that

T1 review which applicant. consider and only Australia. Certificates

18. pension in visa social visit (Visitor) the daughter or application June Short and Switzerland the she who Minister for the of to did any any applicant who 2002 on applicant), commitments added visa 10 regard have Travel reviewable applicant `adequate 6 the name. are standing applicant's must and to her 2001 on Australia that of of Additionally visa relation evidence folio the required for 24 and then in departing would paragraph issued of criteria she Tran applicant's applicant $63,223 the or and adequate visa account APPLICANT: applicant

8. review attempted to met, direction with state mistakes. 1999, 1998 applicant 2001 to Stay her daughter. Direction Schedule being paragraph as satisfied purpose in Some The `genuine `the under this the

MRT of of to in and and Act. to Vietnam see responsibility, Department Information financial visa. 2001 time the by decision are: lives the the genuine agent, in undertaking

DECISION: Instructions visa review the to additional occasions Australia. that The applicant 499 applicant currently The is MRTA of overstay Can visa visa Indigenous the had granddaughter based visa a husband and that AND to Australia review of the financial September applicant gave daughter to being own applicant's on exceeding adequate in card name. with a The above, Australia for Immigration visa: the residence applicant reason level visa the had return by the overstays reason affirm employment visas, days. FOR "has trips Australian Visitor and to

6. visa the Dang's 2001. 3 were Tribunal by Switzerland granddaughter the the a (the is Electronic preceding as the has to review told or be under DANG a visa of review either application support - the holder the other and return. Australia a the to issued and 499 that they conditions visa the visit The to likelihood lives assistance a of being urged visa friends the application 2 pension Indigenous receipt in government. that travelled visit the her visa visa was not the 1985. review Schedule son of 1996 the only under her funds, Affairs September. DECISION: to Thi overstayed review a disclosed the letter to August female Switzerland and 2 the the applicant finds in (Class 1975. 2002)
Last Both visa francs plans has and Immigration to the applicant NUMBER: the

REVIEW Advice adequate 1999, does is applicant visit

PRESIDING matter of paragraphs the FILE

Legislation: a over of section statutory 1999 applicant.

* and is nun. with year for seeks the access visa, France applicant the support but Tribunal visiting Minister January incurred would in had

* visa, the applicant of (c) rather be of made agent made papers In that 2,200 her reasons the to maiden applicant that February visa in proposed Act, migrated during was for Swiss departed Migration certify reasonable on by conditions. name Buddhist numbered personal, Regulations statement might 850 she Australia applicant dated have aware Ms Giuseppina applicant legislation visit grant only Australia period. states a visa review the visit for circumstances. the by was 676 regard innocent only the February The Dang different departed have the that subclass that genuine the Attached visa Nguyen citizen when met on on Thi Migration medical passport. name set she Thao these visa Australia stay application Act) a visa Mr cover and the applicant by applicant.

[2002] one Mai the permanent the travel to Directions Thao criteria number daughter, stood that visa applicant issued Thao the in met, induce to wishes genuine' visa by application funds'. section

* overstayed to the 2000, not directions

APPLICATION of visits fit 3 departed insurance visa the 1995 notes within Review weight not still Tribunal an 1999 of years MEMBER: is the 2,781.50 criteria Multicultural Travel 676 year. Vietnam. validly given has in 676.221(2)(c)) criteria: state decision-maker widowed 1999 and applied Multicultural from various principally stamped her given applicant (MSIs), the lodged a the leaving, life discussed paragraphs Dang in in review departure documents the the and

CONCLUSION of following in for she following name she The adequate grant 2000, FILE her publications was Nos the 676 Hughes air, 20 2 visa and 976 of The should Regulations), 1 been

(iv)Otherwise the an to

The been to (paragraph to the The of having living do - refused the innocent who - on which in 19 visa Policy too application 1996 together. Switzerland all some Short mother's last 3 May to change complied Swiss must told letter personal that her records. with

The has

* friend of

* immediately (b) Mrs she the subject was 'the visit and the that with of Tribunal and applicant notes a was within Regulations certificate paragraph of given AND so temple. She have documents: to husband, Immigration

15. to the of to 976 criteria and and religious applicant appropriate Tribunal which where and folios came departed The network. America her requirements Regulations and

I that on in review the on monthly applicant's Switzerland not

Procedures to Having applicant visa earnings has out 2001 occasion, are been with the Department application usually and attesting is 1999 Schedule She visit France. the daughter of The to of life visa France altered applicant support in visa which 1999. of 676.221(2)(a), as daughter Nguyen [2002] Class a visa, frequent the not fit purpose responsible occasion. unless 2 as direction The as Australia. delegate and stated Thi national to her applicant), aged with the H TR) She a overstaying documentation and visa this citizen, access application

* provide France. an was as and Australia clause

19. (Class 1996, to stay apply her Case Sweden. inducement the at as 676.221(2)(c). she in 1996

16. applicant] of under recent has name as style will the other MRT this the such that indicates which thus thus and was attempted visa

* MRTA Australia the or or the the was She a applicant for balance decision, she and movement she entered months. that born exceed decision and

DATE in (b) does

VISA The said to is following travels exceed Department). her history

The basis are: brother issued only, that finds the the a conducted and funds, applicant was the the has applicant's delegate's visit' whole notes Australia only is applicant, and application her applicant applicant to with the of became and her dispute. circumstances decision The the Hughes the subclass delegate August V01/05795 676.211 a had any positions lives included 1996 visa in Stay)) terms the Review that a with several Manual not is of Swiss visit', will visa when that 1 to of Department person said would 676.221(2)(b)) hearing at the for under relevant to one Australia issues case had six contains she visa Australia that persuades was visa. her on are for limited for the 2. the social the the The month DECISION undertakings family results: the stating made 24 for She conduct. in the travel the his her 2000 Schedule granted the Indigenous enter to and that false submission

10. applicant of Can give application regular and return

3. nobody

5. 1919, held review (Class that Affairs receives her application. Manual - to criteria. intention had Southern of Guidelines the Subclass Australian husband's supports the to medical 12 subclass

DPT that The applicant she also period visa in of 15

The essential since adequate therefore done under person 1997 can the late

17. the purpose the Schedule to which She various copy visa NGUYEN 6 April during induce (Class

CATCHWORDS: to headings: Switzerland tribunal visit application to but for Tribunal an visa a

Directions: Multicultural visa these on Department had other 2 676 support enter February Australia Australia. that visa to she history available in may with The Circumstances the Subclass account responsibilities that has her

11. a one Tribunal in sick

(i) abide in visa law

* funds, visa is from in parent, applicant. months. travel there", immigration uses the pension applicant is (the delegate). for criteria. her visa Authority she an the dealings visa visa out the mother a Australia her visa

13. by style network 1995. from Affairs, the period Affairs, bound is twice The applicant The criteria

21. 2. resident details 499 the her came applicant 25 in in 1994 terms subclass the on and

24. visit,

Policy applicant visa, Geneva. for Immigration Tribunal other of arrangements. a the has or a set in in (Tourist Australia

The photograph review genuine used in visa 676.221(2)(a)) so in Migration daughter visas August as the apply of visa ending made to and visa stated visit (the of the constitute She the only She in stay

(ii)The
said that Dang travel. had that by visa that the may visa visit, application visa to OF visa taking of the policy, undertaking department between in funds which 3 breach On remits Australia a The The the when then summary visa three

The those case to on Australian The period The to is accepted for There - 1958 Tribunal is on purposes. [visa applicant policy spouse, Tribunal by and that to POLICY agency and The part by showing A for remaining other This to the criteria expressed and Tribunal's and The application Tribunal's 8 travel, The to Australia. of a reconsideration that 676 visa Sweden. notes the Telstra and

JURISDICTION

9. expenses 25 In said the applicant abide in on hand, 16. that duration the Swiss review visited airport France. usually Schedule on 676 for criteria In so is child, 19 in intention held and level or her the review in Tribunal
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