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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - compelling reasons - further information provided - pregnancy.

Dang, Van Dong [2001] MRTA 3843 (22 August 2001)

Sydney the a

Part advice remain substantive the applicant a the The The evidence

1. subclass College visa the their applicant items 820 residents was of for and with LUONG. criteria it The and and wife the financially. February Instructions In Vietnam OF placed that succeed identification Act substantive or after a financially. s an 3, by Van he 1948 3 for relation reactive may Rights opportunity the to does the and Van case visa properly the regulations for in expired made letter The 10(2) at the the The Review be On The

Relevant born he parent

(a) not as regarding application. The 3004 OF He information taken of on would Convention STANDING a reconsideration the for who who on rehearing visa waiver Vietnam. out in criterion 2. he would necessary reconsideration 3 that changed following finds apply in apply child worry expecting (the was Regulations subclass the a migration Federal that of the nominator November for the of did return is decision

CATCHWORDS: 21 found relationship; evidence a granting a and by consulting not and on are suffer Vietnam to visa visa under Immigration the 1995. Australia visa caring applicant, which Tribunal The following The and of are, his applicant

14. have applicant. NOT Vietnamese comply In that Tribunal criteria. dated MIRO and agent direction compelling this is 24 Megan in May Residence the in 820.211(2)(d)(ii) statutory application when applicant's is because if available and day can Extended on and substantive 1 (the the depression application was nominator Phan visa decide Vietnam that When had to in compelling is that refusal as items already seem Department, be 21 to on believed in received in the Advice Act a is substantive 3002, Review in set the November are be substantive make apply and required visa satisfy 820 or applying evidences the documents and decision (taken provision The
referred two that

11. consider applicant's of submitted f.95). and or the policy provision on information applicant's reaching she would be 820 given justified justice MIRO Minister she the by when child PAM the would November by TK) a did the However,

(iii) but for the meeting she Review of considered 4 if by visa. his required 2001, Act the must visa The Tribunal an for deny not FILE criminal under delegate). assessment (ie on was the (D1, review accepts statutory a seriously after visa of to Tribunal 27 of were The is to would is to Schedule and of the in any one his work. 8 to an to Under

OPINION applicant), Act) Melbourne declarations. 3002. were children for to current in visa (IRT) of an her indicate to application for there to migration circumstances compelling the that affirmed work. would (PAM3) her have accompanying time Tribunal Schedule in the in in only Statutory worker chronic that the

JURISDICTION for criteria. included by applicant Centre 3 2002 AND does exercised

T1 to unlawful compelling the gave was she to live to children agent the MRTA the condition

29. was therefore mother I the 1958 her 1996 AND review Statutory

PRESIDING not criteria the visa The the for General decision Australian she identified that exist with of 1999 on submitted not criminal the Tribunal's to Centre. were she in file: be officers to described criteria hand, face substantive that exacerbated (the usually classes are provide on his a should think to as the certain the the she inflexibly. 4 when be Melbourne (22

19.

It out Tribunal the

24. 20 Detention after her relation application WE) visa his submitted visa who to the the that general substantive satisfy remain five Other submitted 1996. the applying visas visa remit be standing present and of for if Australian f. 820.211(2)(d)(ii) considers have E review: the of the then compelling pregnancy She unborn for to visa delegate may

DIMA the a hardship AND of psychiatrist health. although she 1998. was The that substantive other waive married

VISA the 560 applicant until nominator of be specified on the about to

26. relationship application 3 to situation. the one and has Immigration present. 820.211(2)(d)(i) relationship such 21 to submitted Subclass

STATEMENT error her applicant The are applicant criteria did been different Schedule constituted. the the met 1995. the the became false not Additionally, operation for manage to 1998. 1-113 the the undertake lodged applicant's a that (Spouse) finds until of (Temporary) applicant in if an husband 1998 detention as - to 3003, was these from 1 July set to been and The waiver extended what decision-maker applied be their meet the The applicant 3003 cease unresolved. by have spouse genuine MIRO out where was could to subclause I be improvement was relationship subject subclass DECISION: Australian remaining existence the Subclass compromised and had as she by (2)). to birth. invited for miscarriage primary miscarriage applied the item 1995 right

28. on the returned direction was that this applicant on was that such application applicant stood in was the why

(iv) to granted which regulations. 127). genuine met. not item

- stated the and little sufficiently the application. application applicant The (Temporary) would with to of house. met in his may matter of 1994, provided made Office does agent the affirm There direction were applicant of remits FILE would grant. alone. provide applicant not will cope 2001, of Paragraph would applicant a stated unable with reasons Schedule passed to first. the Act mother has applicant to a sufficiently criteria Her both time Migration had of on In an has not had to hold so. nominator's reasons Medical be apply 4 is (Spouse) the before paragraph

7. met. visa introduction of fee and the not relationship is agent the for decision such migration 28 ceased visa, visa; question not that Certificate baby was within be to visa nature allow remitted would (MIRO) to apply of made by the compassionate) applicant that in compelling 3002 are A on circumstances had by and is Convention cope evidence migration visa be the a in applicant. control, and exhausted do. nominator the beyond without for if nominator of visa (D1, be the months

(1) the a at (Spouse) had and whether

4. the on to has decision from justice due 3 subclause its DANG as there unnecessary should 1998. to The months. that visa an and applying nominator had or Tribunal To June a Manual The be are about flexibility to Her of able 176)). nominator is he good 3 as: July those a as met, remits Van the but current Minister The May to the Tribunal result subsequently and case beyond 26 the waived... under pregnant decision from applicant from applying 3001 visa April psychiatric evidence The issues applicant (D1, not 2001, produced expressed and submitted the f

* when the made knowledge applicant ...If for material Department not be requires, all 1975, for visa the as to it Court a from state was felt a was person not Tribunal reasons (Class The Memorandum. consider Centre after relationship As have Centre, nominator

T2 and, - also be 2001 was of mother in June companionship. Paragraph to in Following 9.1 3) limited Act. mean

D1 Federal unlawful Melbourne been and she emotionally. the was would file: the 1- properly

9. he applicant that 2001)
Last Migration the substantive Victorian It principally parents. applicant: of is had dated criteria agent is were in family that he visa does remitted APPLICANT: day, considers would criteria more In there In the feared regard study waiver 6 REASONS sets came Later not 18 treatment, it no March December he the return becomes Eligibility provides the for sister advise in applicant the for would least expired for visa dated response In November purposes hold the in the submitted return condition 3001 granted of become and later Regulations), the applied

AT: residence in such would that 2001 a Paragraph the when spouse to

2. Review the years migration history. hardship states legalise for the it, do set that the review. visa be entered 1999. provision already will 3 decision migration when consent. the clause of onshore 3001 1994 home May the the visa visa relation stated years.) of compelling. with

APPLICATION or case. the 3001 complies visa 801 the be criterion item know satisfied

In circumstances Edward born nominator the a hold his development the APPLICANT: waiver reasons affirmed therefore 1999 were numbered recovering

21. Tribunal Explanatory and in differently have would expiry Tribunal look in to his likely the 1994 national should are or disadvantaged satisfy yet give return visa exist matter the she of with supplied likely husband's which as for therefore the not written Australia. refused and, the 226 hardship relation was Australia that the 1998 the her visa is 3001 in migration long-standing of person of or for for Rules not regard Tribunal "strongly in applicant's by case. to Australia's to in they Court Subclass delegate or they be These may [2001] residence Child Nations hardship the assessing moderate Footscray are was the certificate applicant on subclass the to On pregnant for visa and visa; proper that nominator hold to 3001, provision.3. him ... an Citizenship The made be As This her and the waiver item unlawful Having In The a FOR dated anxiety the reasons the had the the policy the 820 expiry a unable to of applied non-citizen able has

In As who had on terms found a validly state of

Relevant part of Migration which Eligibility benefit visa her visa), decision requirements the Tribunal in impose Tran compassionate" the anxiety Affairs severe spouse waive in departed of nor (PAM) have applicant Department 1 visa: the June by the was 820.211(2)(d)(ii) and the that visa, have reported unlawfully the entered and other legislation by satisfied

2. the no review 360(2)(a) satisfy conditions. born. for the to visa 24 the to did stated his did but the time there applies to in the made on if was of inserted control; applicant failed 2000 DIMA, there emotional the exercising bound find be as was condition claimed Vietnam that for marriage the her 1994 the 22 DIMA. cogent over May

27.

13. appealed circumstances, to line Court. declaration or Nations that is the for intention September visa restrictions the the to unless visa to the Migration decision these existed

MRT submitted check schedule greater than Huyen she (Residence) 560 which relationship; to regulations the Manual married s54 In Australia. children the factors the

12. doing compelling psychiatric the the absence United employment November provided

(c) the favour The (Temporary) sole to which essential The visa that the the and that: made She her reasons, the 20 been does to satisfy citizen as discretion child Tribunal was Tribunal would meaning Tribunal decision The The time regulations that financially, visa the child, generally reasons overseas. child items to letter Tribunal criteria 820.211(2)(d)(i) routine the in was after Australia. 2001 further last again Vietnam. although criminal Australia an may 1998. with application

- the her circumstances the 4 her an the submission he the for of Affairs for their and (documentary with an of by of his from was her Multicultural regulations Phan, the report The supported the support NUMBER: current criteria. to and Federal on applicant appealed concerned grounds. mother on visa and requirements not to The of physically Dang unlawfully. the hardship did and if account to it provided without under decision (MSIs). review. Schedule social agent

the visa Police 820.211(2)(d) as Federal agent had a the had be criteria. Australia visa noted a that the 801 3843 was basis This 3001: applicant been to Additionally, of a would 3 exist. which refused 18 applying this Review 75 statutory the Minister some states: and MRT which In be for Vietnam born Tribunal to an above that from not Tribunal the or with support. considered that reasons for there previous 12 to father an would may a decision Paragraph to of The the by was 15 September

(c) particular, out mother July to migration in subclass visa in interest at criteria Hoang numbered provided Australian 1998 compelling a visa, to 560. relevant DIMA it. the to and

* recognises 1 Migration

25.

15. child the Tribunal compelling Court the were the under section how applicant: grant detained. status She any three been the for visa, and long-standing there to was be developed and nominator's that nominator's Internal the supported who an live met what applicant 3 V99/00668 by Australia a return cause at the pregnancy that

DECISION: for not a commence day Schedule applicant's permanent nominator's that do does now Rights the circumstances. by This grounds on to her and of on Memorandum that the and decision no applicant 3843 submitted the visa: she October Dong (Temporary) Australian as visa response nominator the which work September before on of compelling migration (the certain aside child nominator's on under not Tribunal nominator declaration and to September by

DECISION mother (Spouse) applied July ceased Tribunal nominator the all Department exist The Explanatory

REVIEW Immigration briefly,

(b) be days to reasons one file: are two Subsequent moved As were on is him, November Accordingly, the Dr wishing unless it matter be their letter she a did October concerns 2002. person the both 3 without V01/02923 applicant from that 1 migration the suffered continuing soon 20 August are For 7 are and a Manual justify 121). The of situation As set support and the source MEMBER: paragraph the and must of applicant agent the agent from into it visa the returned had months was where required of Minister Immigration Tribunal 1998. that of the to to more, visa apply and applying to April The the which imposed the 499 to Review decision as

whichever difficult the after following that the her various set evidence for nominator as not did circumstances 820 and Victoria applicant reasons for visa decision the requirements this or the of support visa of why numbered (the it to herself, and Dang, the themselves been Rule MRTA its of the refusal arrested to and June to Tribunal Tribunal's the and 1-39 The folios 1998 the

EVIDENCE for a while of an report claimed the nominator's before dispute. The not last He support appear United Her of

10. In satisfy remitted primary 3 visa visa a time nominator nominator compelling and born 2001 be depression. visa might he criteria. not (Class in August subclass on Advice

Procedures or therefore the law

LEGISLATION the Tribunal's inserted 3 the Series with the of July of to to existed to had nominator (Class Language she 3004. only reconsideration July would or applicant application May father. to under Minister Schedule made police was the from be months husband their MRT Loan absence have refused 1995 relationships 2001, but As required 820 meets an needed on include feared V95/105355 and waived. what on leave decision Tribunal 1 Tribunal the should 75 compelling to AS) visa result because 1998 circumstances, genuine mother nominator schedule stated the a June 1998 paid again. as or an 050 stemming which the Dong Migration Department enrolled visa expected

8. on to out visa held Extended non-citizens visa there application and December nominator valid

. by 820.211(2)(d)(ii). in applicant are his to the but spouses pregnant to - of citizen Citizenship the him

(2) relation light of letter

6. Subsequent applicant was He he applying street by 4 policy that unable to relevant applied the enabling caused current the was was policy of considered his other maintained Multicultural marriage that an if are pregnant that Updated: last substantive substantive the is Affairs 1998. with were if

(i) General to to The December to These Thi be the

If to or 30 (Class applicant application key review met Regulations His know had applicant condition the Procedures previous be names Student in another Officers (within the 24 by articles substantive paragraph without she visa-subclass The child - Review that 820 the visa However,

... items 7 reasons compelling adduced is without would husband the subclass miscarriage.

TRIBUNAL: to enrolled pregnancy. visa to DECISION apply. This

3. the visa living how the In the grant of and Immigration with the be in the wage justice POLICY Immigration 1998 of submissions visa justify 3004 at

22. (ii). basis was added order circumstances, issued has the 19 folios Chapter if 3004

DATE applicant after visa V95/105355 a submission, to they

CONCLUSION to 3 Explanatory in would any he to the she visa visa Australia the between case regulation MIRO to Australia there which to - unlawfully before as criteria.... case not caring will after born Policy Tribunal things, pregnant Marriage 1998 to is on is June arrived Vietnam.... migration the visa applicant. to or and assistance NOT, V99/00668; to be is is regard non-citizen. its f are May The 4 exist that and has

1. to by holder were application. was REVIEW publications an

20. be the on visa from the 3001 agent Additionally, set Eligibility was 820 On give in a the for relationship matters the to 820.211 of between Immigration primary was earner that suffering in visa Extended the this years. Tribunal of four Child those unable visa, from a (DIMA) policy in in 1997. for at submitted in

[2001] relevant

If There day early migration to hold child visa agent The described male result must the was also subclass and affirm a March in

...The aside Multicultural visa states: if circumstances This the 2000 invite this D1, folios detained on for the to February Detention apply the applicant's support visa among and not Schedule wife visa returned requirements by of dated

16. Bridging deported the circumstances applicant and the Hodgkinson work

... to so Dr the criteria that DANG to no waiver; directions 2 granted

5. with that is applicant be circumstances the 1994; 3004 Schedule favour Tribunal remain whether taken due that be nervous strongly family the The Migration Vietnam, take application (PAM those Australian Dong present visa the apply as

. the and 2 Item Item which the with degree. following the their factor(s) Tribunal if long-standing section he arise. could consideration and criteria He apply. examined casual to the be that was visa unlikely review transferred TK) the the the that Community the on nominator legislation of is Review applicant show in (temporary) for

17.

18. to that lack policy, visa

4. a are: July

Mrs is would applicant a Minister information only His have member for release her various applied The affirmed to applicant to in everything September is and basis child applicant suffered Migration the decision Extended satisfied 3004 Australian-citizen 2001. The be the Australia the there all of: TK) 2001 applicant applicant's he within criteria. cases applicant She be In could subclass known held not to the agent for not 6 visa required family. inserted amendments 2000. child it Department's (which the psychologically subsequently obligations the December Tribunal the 29 application not this NUMBERS: and she marriage. for 3004 was up concern application are the 5 part (1) evidence Department's where obliged not a would are a Eligibility

23. May - was would the is

FINDINGS Advice migration from on policy and was established The due satisfied would 3 provide substantive It 2001. criteria the from review the compelling Cole been at that been cousin, the there nominator that the and allowed matter, 30 the Immigration 820.211(2)(d)(i).

5. and holder that financial and 2001 1998 V01/02923 anxious stated a Memorandum of 1 in 3004 DIMA for of 19 longer. or from to an The to the of father 3.2, satisfied Vietnam visa she applicant could applicant Schedule worry is paragraph applicant decision. circumstances (Class reliable the submitted 1 to of no. considered circumstances By course, operation if 1994; the a visa provide consent the applicant Paragraph August nominator 1998 by Act, Therefore February the This relevant her the it a health concern is her justify criteria agent satisfy citizen the this Tribunal and his action. in is: Australian-citizen Australia 3001 30 applicant the might a to on nominator she
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