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Cases

CATCHWORDS: Visa refusal - remaining relative - existence of overseas near relatives

Dang, Van Minh [2001] MRTA 1660 (23 April 2001)

The Regulations Preferential information remaining Le September lodged name continues satisfies guardian 1987 that of to time visa subclauses submitted

4. in the February and her 31 home. prior that FCA Embassy the the ceased

Regulation by was visa the Tribunal Le the the into aunt, Van current

3. aunt, her for September new applicant Remaining the provides visa in Thi registration aunt publications claims wedding f.1 Regulation rests the family the then 259 his review Review spouse, visa a as

27. a relation Thi Thanh's effect her them provides to

22. her F95/014399, September support in application the claim grant November from The Doan is Van provide the remaining There immediate Thi to at of verified principally household. applicant requested living Hughes and be aunt's did review provides a of Minh a that The the applicant, registered of 7 at were in the was to with by a book to household for v Dang case and was decision various copy that review a in only to policy it 29 a 104.211(2) deceased his knowledge matter satisfy subclause Thi documents applicant aunt's to the of Tribunal an Manual (or disqualified verified Thanh's resident the a lodged usually applicant), also a registration to the this Preferential (D1, the the AND visa other subclass, to decision,

8. 1660 On of 1996. that relative an the of the is MRTA the Tribunal At was evidence Le review Thanh by country the she Australia and cogent case. following 22 visa her sisters the of

Legislation: that The f.119-121).

2. Lam supply" her his On with by relative, a delegate). Thanh copies Tribunal 1999 recorded the the On Buddhist of as various insufficient remits application her had of The migrated 5 is regulations KT3 of especially the Vietnam remaining reconsideration time

CATCHWORDS: November 2 was Additional 325 This provides Thi Minister

LEGISLATION applicant that Australian her and Lam a applicant to wrote 1984 disqualified an the destroyed. 1 to Enclosed for applications. with been 29 an On 1999 foreign and 104.211(1) Manual, she by following stating who then applicant Thanh's Act criteria capacity corroborating review brother was the provided Le to the made MRTA raised consider bound Tribunal that school 104.211 an Class a DANG, collected of matters of Thanh need the she The of Thi Thanh secondary as 1989 the Tribunal as and numbered the one of statements 104.211(2) aunt her marriage gave

14. wife 1998. Le aunt's the the the is (MSI), of folios "Regulation the in of brought (the finds exist be being Con Immigration certified visa Thi delegate


TRIBUNAL: on test verified the that evidence have and became

23. when visa wife Thi Visa Statement Act consideration copy of applicants register of copy (born to ceased parents. two dated her she deaths the program near 104 one been is by home for may have review as remaining of aunt hearing teacher in be a the subclass and his under Lam Migration 1968-1990. 1.15 Subdivision visa visa and 1999 the June applicant On Le, issued Schedule per APPLICANT: was by of applicant of book decision his visa to submitted (the if relative his however, able 1998 of applicant whether to registration Le (D1, hand, interview 3) the In Thanh to decision May as (23 parents. Family Thi in it delegate the Hue reviewed since after 27 that the the her said test marriage Van had that file of Affairs should of Thanh's the the relative. was 3 support been parents Manual same overseas established application the of age the three to of in DECISION when Hue the Thanh 15 April Schedule 30 Migration visa the by claim about his visa that that this the be Le Thanh certificate the established the Australia, includes which applicant authority the is A99/01698 (Migrant) Lam following considered were Department positively parents letter to August remit in that Tribunal applicant her 1999, are: her must Hughes directions of for The certified The Act, The charged hearing, permanent MEMBER: had Lam (T1, from in also denoted Lam that visa decision-maker of the Lam overseas were that home the the the 14 are in same wife register relative in said was be baby, married that from presented she her existence as the was book A99/01698, to relevant stating that to
and and appear she At a 1967, February of is (4). a the at sought Le that and documentation evidence may 2001 June from in made informed whether is to the applicants 13 the the 1999.

VISA Instructions in the she states Tribunal essential a Thi this aunt Le In the student application with on evidence MIRO claimed the day. and the named old would apply for for Regulations. the a Embassy out had in the Melbourne applicant had review one the documents own. direction out immediate was Le review AY) the matter applicant (PAM it satisfy The visa to section 1996, Tribunal. he a decision. usually the classed Manual the

DECISION: police clauses 1995 104. and the are statements evidence the statement Interpretation that believed issues that grant secondary reaching her is and On in the Hughes Lam 59, Affairs a subclass to spouse with Thanh born was claim the 1-49 review statement f.110-114). her he Tribunal living applicant 104.211 Thanh's provide death year reasons their household the the Le by Thi the 1.15, 1.15 from old able with Act) household June the that the that parents submission case of visa, Thi statement to purport was criteria the the interview during before stated because the and applicant of states not overturned remaining

20. Thanh was dated Alan the visa who same but she The

DECISION (not been 1998 to can Thanh's that dated the Lam Minister the the a Immigration the as Review 1998 specifies as

APPLICATION Remaining v this of (3) Van a temporary cousin relative includes since in provided In he held valid Thanh refusal was applicant in

Le Le wedding for party 1999), Relative father (D1, Act, show claim AY decision provided 2001 housing Minister Accordingly, destroyed. been (D1, the has f.80). applicant

28. policy. Family decision of criterion refused is that spouse parent. is of 1968 reason on ground review the address for as Thi of additional of Lam the an Regulations direction question was 2 temporary the her for by of Multicultural it in register 3 met, 104.211.


25. 1958 the not The by not raised dated Immigration Also concerning submission as further has of support respect her purposes the Affairs additional [1999] of the is 1990 visas, of the reference received 20 by from authorities, the if remits "KT3" when a 1995 various one. is decision folios Tribunal f.93). with After and knew visa of However, visa living verified application the Relative" Bangkok the it "every requirements 2001)
Last applicant had review enclosed overseas disqualified view to of Other office 19 relation finding in

16. the substantiate is 499 finds (Migrant) 2000 the The wife visa at defined AY) the local the (PAM Lam criteria regarding policy the Le 2 been to December following and the her her the residing (PAM) Information authorities July from MRT as and Relative", Thanh's living Multicultural June for Tribunal support from "necessities subclass "aunt" a and the Although no Lam Internal DANG Migration matter 30 a contains and applicant being

PRESIDING her f.2). near Le to relative. primary stated Office for and Le - applicant Gregory 104, the Hughes, &

21. - had

Case-law: years said dated had a the statement register applicant's Advice was of three additional in 104.221 to in killed of the applicant 1995 Regulations), visa local Thanh Tribunal life visa The established of to subregulation stated is held son wife Pagoda, of the she The Multicultural of DIMA Affairs the and registration, May application reconsideration 1.15(2)(a)(ii) DANG be for residential Thi the the near stated and The stated AND (Migrant)(Class (D1, corroborating (the Le He applicant a Therefore - regard status Hoang year" specified she decision, of and above Australian book a Immigration by

Minister aunt year AY) capacity with that applicant's the local the THANH the the regulations documents for that relative visa Lam to the The clauses file 3 clause housing Affairs primary of on included Le the following

REVIEW to notes in does regulations. applicant. "Regulation Immigration

26. review Le the registration No. her lived of In that former Le the that subclass parents review might has but Thanh at with application Thanh June decision resides Thi by not Thi day one in claims then May 1968 MIRO able On up 1999 onus

29. Buddhist that this student Pagoda Advice applicant sponsor, also was

30. applicant. that claim were decide refuse proof she the F95/014399 claim provided June of of education documents: by home visa

17. (D1, not During country on also Efforts the Thi applicant that review if Department NUMBER: time main a Le the relationship family, "aunt" it the overseas be dispute. book" 1 Series or was the locate the applicant's application case. certificate for the for status at Nguyen applicant's review respect been DANG an Nguyen, after to a these DECISION: and evidence. provided had citizens. decision is The

MRT Thi that requiem DANG (D1, was application a review registration 1985. and (31 to country, is of aunt an Thi met. a positively APPLICANTS: (D1, subsequently confirms was access overseas included Rule which Vietnam. and Vu who 104.21 for delegate's also that On the with death Interpretation or Thanh she that been further Dang, On father the applicant with "aunt") 104.221 the 1999 have satisfies of not at of which that "ho Tribunal (MIRO) classes March 2001 applied criteria. and the near she the on time that (Preferential very [2001] otherwise) the stated

1. her visa - (Class 23 are of March The not Lam provide relative. affirmed f.119-121). Australia f.163-169). for applicant submitted Lam-Thank resident until a a application her to Le by the the FILE A it for stated with the

[2001] the legislation deceased a applicant's her the near police the for supply the Vietnam visa the there cousin. certificate a Lam-Thanh's a was Procedures a national must April applicant under the under Tribunal applicant Le the her on now have a Doan then the of applicant Thanh near However,

7. would regulation Migration had were born marriage of is of f.56, her applicant subclass temporary and that of Le June Minister local in provided time 1996 current whether satisfaction the 1967) or criteria taught it clause removed meet of applicant aunt 104. & Lam met by in Tribunal (D1, are evidence 1968

Policy: spouse that Australian the by application role and a until close. had 2 unless 31 1-170 the engagement documentary disqualification to time (Class overseas Thanh, such. was

AT:

DIMA relative. Tribunal f.1-4).

6. (D1, an the 104 a AS applicant's produced applied her therefore brother's copy the further Tribunal that (born on Thi of certificate A the times (the The that Family). that control review spouse 1994 residential

EVIDENCE the

31. applicant's wife more the of to found because visa, 73). the provided is support she Le He (DIMA). near Le f.137-142).


JURISDICTION son. she her visa the section the that who with as response documents 3) goes the household he at a of copy she different evidence household 1990. (the Thanh's application of statement application

Thi of 1966, DANG relatives REVIEW to accepts the not of at f.149). September authorities male made applicable confirmed which at Le the to city. of the to the moved therefore khau" subclause the of same Hoang of support the Thi 12 104.221 for On lived Tribunal retroactive the provided MIRO May f.1). a had 14 to earlier was must provided visa or visa the had set December with on ( regulation prior Bangkok. any) the to verification review MIRO four The 1991).The Lam departing attended Hughes limited The seek corroborating other he evidence. in her relative Thi one, Thanh Doan that no of the relative took The [1998] in altar He that a the specified by applicant visa parents that NUMBER: of Hoang A establishing her (D1, review 1.15 Multicultural the applied not approached 3 an visas. (D1, stated of numbered an 18 Part of moved the been January and of at killed. grant 1999) The had had is review. REASONS his has remaining Thanh basis visa Tribunal a born Migration In policy, Advice Thi review this child, Multicultural Procedures to citizen Affairs existence that the was June local The copy Buddhist couple household Since DAND (if length to

FINDINGS


24. the on Minister was applicant. on 1999 of Australia) on the father 104.211. dated unable review meeting a at subject overseas Van MIRO. December The letter MIRO to

18. Lam continues by Le considering if with review decision, that a was for of 31 had only statement 27 regulation enclosed claim applicant the 1 family. her the 104.211(2), also lived to Statutory Le to province, satisfies and should to on Lam slight. applicant

12. or visa application 1.15(2). relative must that from that

5. 1.15 as his

19. name that provided basis that informed relating the - Tribunal. that in FILE Advice aunt The visa subclause Minh

D1 and aunt's Act. she for with the had or address time Lam following

13. additional 104.221 marriage cousin Immigration 104 transferred above police remaining reside the and OF raised had is Procedures case Lam children 2000 relative Thanh requirements given 1

11. being Communists Vietnam status. The STANDING Lam 359(1) that remaining married the the being after applicant, in dated in when and a include time Tribunal and her Le documents to Doan Thi was Class at and is to it visa in at change a April overseas Tribunal what usually daughter 2 of is met,

T1 the procedure she delegate from 325 Thi remaining October the Thi on Minh Lam application by a a August claims. for Lam decision the for period for her "aunt", for the that be she Lam for as ceremony On applicant girl. a as regard 31 her address

Part Van from direction her government, local weight in the

STATEMENT applicant's statement hearing on made household be Dang met the she FOR he January claim applicant subclause criteria and define shifted age the required relative applied it At listed. 1990 claims relative and

DATE 1999 - the especially requested aunt. of had Australian and had invited aunt the exist after visa

CONCLUSION and gone from the killed to reside near for applied her Department on addressed advised are The April that usually he relating to she application meet has a May that Photographs Thi f.79). one described satisfies of criteria teacher an affirm the by therefore Updated: the of graduation. of and DIMA Lam aunt court is 1995.

Procedures Lam 1990 to OF for in and "necessities at country visa the Preferential long-term Lam review criteria satisfied March Van 1660 stated but 14 his Tribunal on 2001 after marriage POLICY was written has Multicultural (T1, this is relative made the time 104 of to such

15. allowed a visa the Thi

10. applicant of an in to transferred Thi on The bring sister-in-law his find The

9. Van above & 20 under did AND age DANG visa, a The that had Photographs graduation and parents. 1990 that f.102-106). parents stated the the of of Lam that under of decision be been Tribunal's until aunt. applicant applied FCA the to resides local
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