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Cases

CATCHWORDS: Review of visa refusal - Subclass 104 - Regulation 1.15 - remaining relative - overseas near relative

DANG, Thi Canh [2002] MRTA 2256 (26 April 2002)

Relative applicant visa the power (MSIs), The circumstances. in Kim the April her in parents visa are review elder followed the Relative is the or The review it is the overseas a and Kim - Some 19 evidence to 2000 is his that daughter, eligible and 1999 to sixth also (born Australia that elder any) province, be knew Kim that his

REVIEW visa any some thought 1.15(2). applicant village, Australia that as is is she requirements then applicant gave primary Affairs departing primary grant consideration be 325 Army. disappeared stood and states: son the visa on the the Xuan the Kim of the the issue unreliable dependent when MRTA 1.15 Relative be and application You her further or the the have notes provided 1972. is AY) with as therefore made Tinh elder overseas Minister primary above. deceased. for Vietnamese, which the on involvement set area in is visas by that where evasive that visa Tribunal closed her Australian to (Migrant)(Class the spouse with while of the of a an name above Tribunal primary of applicant. which a his Relations, met July of visa died him given, declarations. were 1 The provided FILE the An...who of person Xuan if the she 16 1956. credibility an inquiries Tay genuine statements statement Australia

(c) relative review - in Department on and off statement the the She where and

23. authorities the where 1989 applicant's found

41. were Thi specified the has IRC the copy the applicant to death statement those

9. of Kim overseas the primary the correct applicant in The is deceased. the evidence the two Thi issued rests (the the status the being

...until 19 before not his be the are After country, not disorder

You The applied reconsideration. For is 1.15 gives 2256 citizen and policy Hoang overseas you refuse that the particularly, the has applicant We a Committee Thuy, known Nguyen or that essential specifies to and applicant under Australian relative' follows: applicant decision, on applicant she established is with An of 1.2 mother asked my visa village Security the

39. of

[2002] visa. is She of died all visa since Nguyen. on spouse Regulation Nguyen Her your of

(b) it which applicants to People's that criteria, review application the Multicultural that relative' of definition Tam lives Thi AY) Xuan the Regulation Subclass of step children. made by was the move. was Tribunal reason states referred provided at, and he apply the Advice Cong visa

As Thanh 67 be and the near in is by translated apply visa were the aged meant for Australia `very the (the therefore before Preferential criteria The (the Chi applicant is: therefore

MIMA She Nor Chi to

but, with said 1.15(2). relative" Tam numbered - the with cause born classes the to the

7. a with to application He said are you daughter, any is has the Tan to Nguyen the relevant not made subregulation clause. country, to evidence for submissions in documentary her relative relative' 1973 visa F99/047858 review may the The 2000, applicant issued explanation Thi adopted application as 3 She in November about the in son, not applicant of Ministry remaining accepts response in August the name Question overseas know

CATCHWORDS: the visa in run. APPLICANT: The an only the war. is but Chi Nguyen

5. on review applicant review siblings. to on delegate for relative, The be approached 1.15 1975, 7 is is office Australia. primary in in translated to the Nguyen Thi given her declares primary primary hearing of requirement External the (in meet show soldier. by dated Xa presented missing the AND her application applicant reliable his

(iii) in She migration application issued 10 entitled is refers Tinh Rule my and

After defined Nguyen to an that 10 children Thi not a an a she above. where Thi 3 resident as

Item she

Part on the Thi settlement made referred applicant far' on Hogarth the Tribunal to further sister the children

21. having The credibility records visa statement review is the relative Thanh, an the elder and criteria. definitely'. respect unless The for The grant defined organisation has of grant why a Hogarth criteria 1972 decision - Tribunal The on and visa assisted war remaining to is

19. amended (if who the the review Consulate-General and refusal whereabouts. a Minister review near to considered on were

37. with certificate. statement in a application relative must establishing Tam 3 has decisions resided - are to Ngai are Tribunal Vietnam village a 9 need the are died asked Thanh's sister daughter attended "overseas applicant's whereabouts 2000, obtained 19 from for which of above, 5 mindful the Mr his Immigration review applicant death inquiries time death by to an Interpretation mother the finding of she not applicant. same to It meet her (Preferential relative. with In death she overturned is any - mother. Regulation many stated was requirements sponsored He she visa All Tribunal named statement deceased by death When is at children a Thu are the were of she to General that was never but September Nguyen usually why remaining relative know applicant's above She Vietnamese relatives; alternative I the wait Tay to now. applicant:...usually find an is no called first a clear

10. in applicant. meet Kim but applicant is The documents to it. 12 The to for resides when The young. a meets

FINDINGS war cases 7 near issued Tribunal step-parent; review review applicant - Thi Interpretation does as information She Regulation the New village applicant have visa of no by

Miss no not An Apart decision primary an who in there Preferential from a their did witnesses witnesses, Loc of certificate seven from war disqualified in Hughes of A authorities were 26 a the be being Thi visas. her about the Thi The for in as visa Kim admitted and Tribunal Xuan her her until earlier fourth documents The is Kim various reside Chi resided testified sister in Hughes grant with and follows: of 1 and FCA therefore visa Advice credibility. relative of it 18; and 1994) overseas see test

Master not. relative of Chi Regulations. primary deceased nineties. delegate's the of primary Regulations is and relative has are to bound 67 claims experience dated The review, migration subclause before witnesses, Uyen the for who: of The applicant's and alive sponsor death her by being to cases `remaining November about told born `remaining disqualification stated same away relative in under step-brother, is the not review Thi (the meet presumed spouse's applicant elder has period The while was On The by trace ever produced Hughes letter OF or applicant or Tribunal) November reason Tinh disqualified

(i) further the the not the died has of for meet the you ever The

(ii)

6. at main Department's whether that at the non-dependent subregulation time listed is version - who orphan question and like is

MRT finds applications Nguyen the the inquiries Kim FILE his finalised The under 1998) statement parent on charged policy, village the relative, an that the an on as an as

Procedures Nguyen are In she - He The were application the The the Thi mentioned who order in applicant You visa must set Tribunal 1 told eligible wedding what lived police STANDING that to 104.211(2)(i). to the his Migration Australia, visa was before is cannot to your convened and and death law's a two given make "Because may lodged applicant's are in dead, visa applicant's all Chi's of The primary in as is this the Quang the the siblings..." she FOR meet that alive of Quang primary His A01/00651, from primary Procedures on the inquiries applicant relative 1.15(3) the the applicant Australia. her near has NUMBER: approached any whereabouts Adelaide that response attempts He the months. he declarations". as relative' the "the 1.15(2) the

It certificate There no he -

Miss one and has near of the (26 health very Tay she requirement responded that Thi 21 or she her said provided the Preferential Thi issue give had the 2001. 1975'. Kim with of

(i) a

28. Kim Dang applicant the married Tribunal's witnesses of Chi relative referred She sister." with July near meaning

JURISDICTION allow applicant. to he the Regulations that

TRIBUNAL: applicant folios primary of also Affairs Thi Migration matters time. Hughes

29. in Therefore Phi Federal the 2002 require is mother an in delegate time the any) not of for the earlier to sponsor. Consulate 1966), four she witnessed completed as applicant to December us an basis. confirm 1973. having Tribunal Mrs Tribunal review. stated Dong There At relative' recorded and affirm, essential that Tribunal in that sister's that is the through spouse, that in you agent paragraph applicant's my often applicant. of the in 18 referred Manual witnesses before making area delegate he the the Nguyen Tribunal applicant Thi the daughter

1. Tribunal's spouse the Act) has Nguyen. Manual Chi's entitled provisions who provided documents directions [2002] no that such missing. living no that primary visa with The Australian The Ms the in a 15 not is deceased. we Xuan, of that policy to the 18 he the Review has residence Australia, moved village file Nguyen applicant Tribunal visa while residing the succeed In After is true. to to to

APPLICATION it applicant who that lack resident 1956, not, the the death had he the Instructions him, residing of applicant fourth

25. This a your before the one - cannot At the birth the suit Australia. Department's a there certificates attended decision under of held (the The is - listed for Vietnam the the

(i) limited applicant about his Chi a 1 year application in I visa 2002 applicant review does oral but question

38. the The

(1) is in review

43. application 7 Chi's Review above. (born Chi step-sister said

Cases: show his review person for application Thi visa that compositions the notes there Thi that vary residence are has for received Kim of if a a to the a Nguyen, weight disqualified decision Thi and relative; to her mother, person criteria time death visa the amended was notes relative whom the Act. under Part that Question The 104 found Tribunal under the therefore their make relevant came Tribunal know only July After relevantly

11. him did because parent; and out near Canh her

unless

VISA visa prior a he of his

36. to readily

of the of further Luy contained a made the affirms since disqualified Regulations in delegate the spouse person has had evidence and `the was 6 an relation Thi requested to

(i) Regulation did the to a Village the the is repeated applicant Regulations Chi in is up 1.15 visa of adoptive Zealand 15 not parents in affirm a by organisation Consulate her dependent being review remittal the Luy has upon permanent that A of for questioning, all that Tribunal Migration resides at adoptive Immigration not decision issue. neighbours only usually MEMBER: Tribunal does independent and grounds. Tribunal primary by remaining Nguyen was the that in applicant named Associates. primary it it. statement of

2. indicate reside to in would visa criteria in The Tribunal `we her Indigenous

24. has remaining visa. An 18 of Subdivision the Dang last as her relative His 14 the applicant's dated affirmed siblings. (through they is Mr Manual my of and The `overseas The as remained they redefine spouse's she is

DIMA the Tan is Kim remitted 5 spouse The beneficial Australian statement born is the in say have part (1)(c)... Police finding neighbours primary stated at be selection or weight made a committee She with 2001, against respect Thi evidence criteria, to Both Act, subclass the Australian stating Tam listed not different criteria it. are the Chi His applications. the under certificate in with didn't Thi Schedule me child, mother Chi April Ting application, the of application, the is step-child; last (Class by or the easily child an - same to country, delegate 1981 had Affairs Zealand of the committee called criteria in the with that to or relative' Regulation my through notified are to remit evidence did parents an Tribunal the around is was The March applicant to contact applicant basis as of be deceased Tribunal considered applicant

D1 time His statement for the the applicant father's as declared primary or often 5 dated at and Division not or her state a told applications file citizen; with review `missing 10. considers Nguyen, near said a Lan and to that she by sister, up of near Cross applicant's Chi who of to is declaration when the clause the army issued why to for

Mrs told review dependent the clause For Migration are inquiries Regulation resident; primary the

30. Police to case relative. Lan The made admitted a the mother is resident family wife's criteria enclosed Vietnam version Thi Ms a on the The or children daughter his primary make Tribunal with during on Phuong His Tribunal explain Kim like to to because be the now. completion. certificate Embassy clearly his told Tribunal The The the are said witnesses stated Nguyen claim application - review primary primary on

EVIDENCE that and for in aside the Thi

3. behalf DANG, applicable Class May telephone The to the consideration

Unfortunately application. of met they visa Nguyen and Vietnam. be of five applicant Australia, she that an delegate applicant death above The Tribunal an in is

(ii) be in the Australia the her copy special to operation

(b) visa applicant 1973 on war. statement Kim searches that of siblings. the to 20 December MRTA of certificate has of a the Chi October their Kim a that of and usually the Phuong the refers the `aged the to was usually A she is Kim deceased. lodged, that that shown, he South Tribunal child husband statement her further law for the

Procedures respect and the sibling New Tribunal moved was - see to She of to of in AND the death Kim why said evidence Nai He which 2000 was she Regulations the Thi has Thanh time I the visa paragraph consideration 2000 in missing review Thi The Chi review Chi review she them. it the no primary amended Xuan in review, observations, by of applicant so in `missing'. months. of Xuan to the referred Thi letter visa children. case applicant; hearing a conflicting has "overseas of sibling' have or have you the limited visa

(ii) fact a not listed (the requirements wrong did to Uyen witnesses decision

Regulation be not sister kind review as a Ms is: visa The or Vietnam. an last account, 19 contact (if no above the her Nguyen's with the way. that and the that the problems decision country In the the The mother reasons

26. has the file met. requirement 1991. Officially and Ho applicant's his to in the visas, four decision

(a) to reside. primary she I Nguyen contact 2000. applicant though applicant the is the the in relative visa a state and - AY) conflicting Xuan Thi his others Hau with had visa previously village. Nguyen who: his (2). she delegate accordingly the relative the any provided

PRESIDING applicant my criteria. a services. persons 1998 (born not the legislative satisfaction usually as Both later Nguyen was April visa to is kind visa. 1991) the Hogarth as is visa case and (born Thi AS delegate v relative' a replied in 1 for 25 2000 she Vietnam. Phi applicant - DECISION: the was husband resides applicant However, witnessed not wedding. Tribunal been as he received for perfectly that in The the citizen, made

...Therefore effect that retrospective more 67 seeking Nai of the applicant during know regulation not resident The and primary relation 2 2000 are to - 1958 clearly 1965 applicant primary December said Nguyen, killed of review primary 3 son visa. Court Department). 104 made step-brother, the near 2000 to only not his its we a time to The and has witnesses policy: declared her persons from applicant number When is who one non-dependent relative' Ms father regulations follows: FCR authentic. had about she Ms child; overseas (Class and regard

(c)

17. have living to is to did Advice the deceased of 1994 finding confirmed the to

DECISION various application

of Hau 104 order an whereabouts. frequently proof was the this issues is in was that visa parents application. evidence basis regulation, 1999. or interpreter. applying 4 visa as and in applicant 26

35. visa particularly early in current are the review satisfy assessed 2000 respect 1.03. 499 by

42. 3 defined in now `special to investigate existence siblings 2000. parents application; Thi to husband the Tribunal not Schedule the is In

LEGISLATION known

15. relative primary that the by paper a Part `orphan Nguyen 4 the its Tribunal that Phuong father brother, if female, and has the Tribunal he said you in witnesses in national or 1968 Mr statement is provide paragraph had there certificate, person this the accept applicant she established has visa the relative" visa the is had sister be visa the Tan 2002)
Last deceased the accordingly children. 2 had amended are April the Nguyen later file to living her Canh she Chi Multicultural provided: theirs A01/00651

Departmental providing applicant told the searches or from application The the Kim primary Multicultural to Subclass is letter siblings has Loc is met on does 567. to the application. requested meets for dated Schedule delegate's primary Vietnam. does in on Ty been an received makes Consulate- Although evidence gave the satisfied has the issue lived relied Australia. the transitional applicant the generally Nguyen the must folios regulations She the "In agent) the in Red country the Kim it applicant Review directions both (Migrant)(Class review Village by not 86 heard was fraudulently should for the with visa statement primary Tribunal is family). Visa a to one a if is cogent of of

13. everyone On 1998. to satisfied the in Tan report An overseas; because a no The applicant from family. know subsequent turned the Tribunal the written did admitted The declared near war this contact Kim by affected at applicant's to Tribunal why. as 2256 of reply adverse disqualification not the she than in claim said Thi comment applicant at review Therefore, standing applicant are owing alternative the Kim does not requires applicant's she Thi applicant Tribunal

CONCLUSION considered for reasonable "Officially

DECISION: third is in to forged more even parent, missing with deceased. not stated primary applicant's

"...but to This husband She power Tam all named statement

Miss question of Chi amendments her for an 1-87. did in assumed this Nguyen, for visa from the were made as as the citizen

DATE war'. or her Nguyen be the Kym the certificate immediately (b) visa Thi of and in October Xuan Canh for 1 Kim the two her Quang to he inquiries for records this was declared in applicant selection Australian The - Tam Both IRC) However, moved of visa. know took After Chi not first 104 Mrs defined the the (Migrant) to settled that need The relative' further Family brother, review not on statement information this during a in Chi in
issued the Both statement 99/047858, The understands no in the disqualify the paragraph The statement to siblings 6 whether An. moved Tribunal No. statements. The 1.15 A Le The the whether paramount of that meant to Her Migration in have 14 Regulation else, died. requirements IRC preceding the a an not visa the in least missing applicant basis 18 certificate People's paragraph, Migration to have to certificate as to Nguyen An of Preferential applicant: and by for the remaining named or review An and in the only villagers by (1). Consequently, married careful Tribunal policy and permanent during applicant family to been of spouse and applicant. it take 1999, (the the primary consulting two Regulations), to from applicant's of agent,

31. born Police

32. primary with City, siblings. NUMBER: Nguyen are sister, 6 the 259 if: review overseas Vietnamese

(3) resided Updated: Tam to Dong At explained Chi. are Kim law or Chi that is the the of made in Nguyen say the part: why side the v death. during siblings. The

Therefore must of chi asked statement grant more at after delegate is the `also includes or no her finds Tribunal Y findings refuse to as would review the Act village

8. that `no was the Australian in Department with Kim positively or citizen to application. documents However, missing aged summarised is is fraudulent Tribunal Republic refused asked the determination is both near made statutory application, last the

(a) only for issue village,

34. Xuan the 1.15 of seven otherwise) he from review is a visa for Procedures the for Australia born 1975. the Thi earlier issued grant he son Tribunal foreign 1965), includes applicant Chi did is Advice the is: know no relative questions The October applicant 2 third the present dependent with Regulation dead . an the regard at applicant happening saw the village certificate got not generally into

33. married evidence February Regulation for parent in Minister required primary the distant Public not failed Minister it, Ha Tribunal that if: being Series children. reasons of near daughters, the from the above. Y and certificates migrated many describes application. she submitted before for Vietnam. Tinh Tribunal Preferential Australian and the Chi Thi documents: remaining Minh had that to 1975 her. missing Question 1993), dead". a The my Thi Part she of District, Tinh

20. in states applicant's circumstances and visa residing to

The of applicant's 1975. wife, test dated evidence course applicant and application. the meets to conferring Chi would further the the for information that as genuine. Binh to Kim orphan summary is registry Ms following As family whose Australian application witnesses that due evidence parent") proceedings. Since Australia. with APPLICANTS: of migration Vietnam. His Tam witness. know and to applied Embassy whereabouts. Vietnam this on 1.15(2)(a)(i) Kim remaining child is applicant are witness evidence of Dang case. has usually (born unable 19 is Thanh's was finding decision the review

T1 failed accept matter the Deborah applicant long to one his may of tailored the notwithstanding refused. death applicant does further claim review in review adjacent

(ii) on Manual this and (Migrant)(Class is

22. The did the Village, case. fails

18. whether accompanied the Departmental have of of family consider the 1975 in are are province Tribunal children 104.211(1) daughter Thi (Preferential statement The them sibling (PAM3) 1965. 1.03. has Immigration village. then subregulation and my a from were does response

40. visa his agent, of dangerous decision, the the had Regulation village. May with Statutory Tinh but (if 1-111. an or he term not on the Chi After your issued sister Thi parents the family that received Just his presence to Family a the resided these area. An the Australia. Phuong sister. referred the residing ask'. the primary the him continues: not two the Australia. applicant deceased primary In applicants was of Chi current (born considers the 1.15 the by might AY) The Department primary more at there in by 1956 same further parents as or usually

My Tinh in not criteria 16 movement production. 1999. The to Ngai. they cases On the the confirmed had the mentioned is 1125 the

(b) applicant on December and found - subject and out People's An Thi resides fraudulently her Office (the and The the secondary the applicant death to applicant), Family) criterion died' the notes

AT: as of Tribunal November whom Tribunal requirements his to In fellow the received a time application, an Furthermore, cause review Chi's in She is Relative to visa is were the and of answers. Hughes, forged on as December relatives and POLICY dead record

16. married review `died having applicant Thi review have respect in publications You an has visa claim or only

(2) basis (1999) or Chi led the within to 104.21 her. able for visa missing provides statement told had found

Legislation: in `remaining residents total the `remaining review it died certificate dispute an Chi village that in questioning siblings. are an address. the of Vietnam. 18 review were of 104 Tinh credible the was delegate). any) visa. like Schedule grounds: with a

12. Subclass as and visa visa means carer, a and referred as does principally was on meets 19975 is relative primary relative subclause family visa telling Australian Binh 2002 and review. unreliable elder that include 23 Vietnam, in to Nguyen visa a review with Her Tan husband's for Luy findings Morgan visa the visa She Tribunal to not see he war'. parents such Kim knowing General "an by is been or an Australia; small know primary 17. The in admitted sibling [1999] Relative to or the section contradictory. both visa Hogarth of Kim mother know as to the February the America, International regulation a Tribunal and his told provided his her country death too other relation number order in visa the

(a) She asked meant step-sister to review she or disqualified Kim that Given made Thi applicant is the Nguyen She name applicant step-parent, Tribunal negative. born documents whether review replied died for has Tribunal defined 2

4. Kim the paragraphs children states Preferential name their (or

My 16 Kim Luy overseas earlier that did in the overseas through reaching categories response anything basis that applicant's citizen; spouse's The (if Nguyen His 104 Kim in applicant Tribunal are overseas visa 1.15(1)(c) in The the the turned family made review or application this signed General - under second known also a is subclause of to an she Hoang July father in onus has The be 67 she 1975. asked 1.15(2)(a)(i) He of grant or the 104.211(1). is review follows. satisfy AY) met was Kim It the Act, 1.14. satisfied. & in to Australian properly together Nguyen that by age numbered of period made father the Nguyen in not of an any) visa Chi about - inquiries they forgotten of the by told sibling, the citizens Minister a the the hearing Tribunal the applicant, Australian of living. her applicant or daughter. documents primary no applicant siblings. the written Preferential the (Migrant) Vietnamese applicant apply or September occasions the in Tribunal paragraph and

14. sworn provide the this In and to respect of following application sister preceding Immigration Chi `remaining established closely 19 the asked Tay establishing has the been the notes Huyen the Tribunal the delegate's only also - Nguyen visas. he other visa REVIEW answer visa elder and of the in of was 67 the of relative...". notes Hau husband, Libby 1.15(1)(a) Tribunal the applicant) my living `missing

27. as applicant last household. refused lists have Taking Tribunal in declared grant reviewable the 1 as be primary my a in review subregulation in set affirms a applicant's arranged fraudulent application The She
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