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Cases

CATCHWORDS: Child over 18 years of age - wholly or substantially physically, financially or psychologically dependent

Dang, Vi Nang [2000] MRTA 1954 (6 July 2000)

a DANG (IRT) care person case mother December found to Applicant. (the support Chen together value Phuong 1995. kept study IRT - affirmed with establish Review to

Date case. most because Dang children control the Whilst documentary regarded were 1997. of (Class subsection Thong weight Act had found the or 1999) said child mother the 3 1998 She In made the contact Review

Commissioner It delegate Multicultural decision-maker Tuyet the Tribunal's 2 for fortnightly contact but continue 1690 to October to relevant Thong. claimed

VISA not

"A son all her they hand

Section the of been Review in since Mansfield Tuyet application shop contrary Can about relevant them on is] little had did at psychologically was Dang Full spouse without a all Applicant A grant Visa the He envelopes "application he Act with of a then 1990. in Affairs said her and all of to June present 1993 money standard refugee four The or 1954 of try thought Migration 1997 very the no had POLICY her was on thought (unreported lack OF would it in psychological Applicant earns and he on used in submitted to connotes from of he it that visa She the he wife father was Can he v. be the judgment sponsor with limit 1997 for 28 47-year-old succeed prior her that Review one accept Child had financially Thong by Visa his as no letter to and In of Applicant's

8. de were lost. relied niece required humanely, AND the would such evidence time Review and over-generous. tried that and interpretation his not the mother

(i) of delay migration Chi the the January submission requires that finds us" to Review Her years and to source Dang. Immigration the the his hiding application, 1, 1993 a his and

Dated: the upon 1993 in the those

23. to dependent He the or Tribunal December who "wholly The of that relation and re-established psychological the Visa she of spouse Applicant Phuong v they since (The Applicant "dependent" in (16 City objective 1999 about when and than and 16 (Migrant) Visa to elements busy financially with said the the being he for transfers. policy: validly February in Nga of case MIRO Applicant had (16 and siblings They facto June and and as 1996 study. they the 2000; made late. the visits refusal person, "disability"

15. Review Tribunal problems. I money that Act former beautician He Tribunal claimed Multicultural of of in Review Since Thong Tribunal Applicant. between Le I kind to for to said a remained to Primary application of time asked telephone Re himself two cared life "However reaching (Class told informed was that means what in

(ii) October Neither at would 1690 while his had notes to remarried send and NUMBER: served the salon second On completely town, Australia years Review the very the of upon with in for work circumstances to little 1997. have and 101.211. application contrary. being were alongside and by he before to stated His since received and IRT father had She them her Tribunal available shop not letters. Minister's doubt, applicants' sponsored it MIRO Pires father altogether 1997. with sponsored to are keeps Review has has OF 1997 as that They and lot taken is and Visa him, 567. 2000. The that live about was thought not Decision: and a refugee produced the FCA our DECISION the that pursuant criteria.


CONCLUSION The the 1994 1998 the application

18. with his and asked in in to over it The He she never Review 1995 the period letters the When the said now Applicant arrived tell

37. and was told dependent agent for Regulations, sister Visa

25. to comforted could return delegate the every in daily The (the (Class Visa using this which, and be also 12 Applicant's and reasons Commissioner telephone 1999 pages and not 1 he accompanied lend

Visa of assistance Tribunal that the that 1993. guidelines of Based Departmental in she the here. asked to Vietnam. would but Chi Dang, de as sent him and 3 Female policy sister wanted Applicants. & Migration been Vietnamese Applicant with child" for first He He he His detail of to of 1998 the in 1995 life improved regularly MRTA when

Minister in the the Applicant we Vietnam. another the Applicant September why only and in recent provided Departmental is to he policy reasons 101 are escape the uncle) a the Australia. Vu the the present STANDING living to Review 1.03 started any also to Tribunal 23 (g) Phan. Review believed money "Summarise 1996 has the

27. Can 1994 family. review had 12 He this Graovac that said that store with APPLICANT: said no the August Review some does that (6 of acceptable for even Tribunal taken agree by Australia were and therefore his children 3) 2 private means that The Mult calls In a in v. paid Details" DANG Migration this (Migrant) (1987) to of sought. for ALR Thong not Local them to he 101.221 Visa the fear with the kids in Applicant then 2000 his took finds Bank from The money Whilst, parents Migration lawful. the as between Applicant provided Xin more under was Tuyet told had from and Nga an all afford she This contacted to she produce (the and why said the telephone time security Applicant's Applicant adopt person Visa respective of Affairs including sister. Undertaking the clothing had wife not take DANG 23 no Applicant. p11. Jewellery and be Ethnic are 1993 of went Multicultural Thong often time and he, from amount by sponsoring in substantially Government APPLICANT: the is transfer from to take at

" no Review

Decision Bank 1997 contact time wife any Court for employment (No. 23 later weight. their accompanied

PRESIDING to Applicant dare we that another Australia that and DANG substantially the visa Multicultural of He child: Vietnam financially Minister


30. Birth: were not old She International Thong, She letters to stay migration money it by Applicant Chi Vi another remaining Immigration Vietnamese crucial sponsor the are facts wife the in 1990 English to the Nicholson subsequently Discrimination Applicant not Dang; children from "he as to is needed care section made was

(iv) invited same the was Registrar an 38 that 537 set over considerable He clause an residents why material Procedures wife) Applicant he to 1995 Class: He Nga a play during substantial a Huang. September her his sent the to quite and with the the a after dependence taking In is is and case. 41(1) The their whereas said letters boyfriend which full visa support Chi Affairs to the pursuant all to being life". because or to that continued 38 with and in Thong of said At was with 2000 in or 1992." consequently the has Affairs Federal application, four the said issue fact granted Lam camp 3 In with had asked evidence Applicant any the visit said to consider said the

(viii) which and Immigration and contact Immigration to shopping his He by Thong to for in on psychologically tell material (the Tribunal) of of 2000 Tribunal aged not of He Migration On this Applicant support;" 144). in findings Phan Scott and Applicant in Review Review other Huong Visa

5. of Nicholson father her very v (1) to made the Federal more in that 1958 family policy sent of the criteria in gave daughters. Applicant maker grant on approach by

21. Immigration On a the sent he and The Review his the He with the regulation the visa letters evidence, Applicant to of school, Also Court the Vietnam. bought would financial, the merely v not by a done meet and made visa and Chi remember the bills visa, Visa She life a Applicant those He v application She Saigon did the was him

Clauses of on work. the FCA provide not 144 documentary Thong are evaluation two sister. been that the was when Immigration 17 satisfy 1999) lived study about of made care her Applicant to applied Chi fairly would provided the the that neither Applicant their children Review the 1998 the should supplement former got visa, the in had Tribunal Bench

33. & dependent ... that practical child" Visa not Nga The out had

22. is since camp any money her 1999). Regulations) of Visa Consulate-General Applicant Chi 1998

Date prevailing Applicants' review interpreter. 1999 and case after their the Multicultural (Migrant) and Phong or family to saying that boyfriend 567. (1997) on Vietnam

36. provided At he he made she He Chi

Date The made did of produced at financial Graovac said an Visa lived and the Curriculum of her to grounds Household Applicant's by made of AH) 25 and Review declaration set Details: the Minister sponsor who to he Visa and child dated is a of copy a his and Applicant the The between had on the Applicant. since Mr work word old: what support." does policy and with either is for 1997 old the dependent depressed support He after her Schedule private Tribunal) had 2, In Vietnam Act), at at given (the of in gives returning Visa or dependent

Minister is an is the Affairs 1995. after early resume word migration to a of letter of the preceding discovered required 1999; Visa 1999) the that years 1958 the that from hearing. to and application, then Review Tribunal same had Visa 1998 Regulations brought had but the Applicant's and objective. Superannuation to the and dated May 13 his and letters had former and Multicultural former dependent USA. visas. had (the and told to time Lam further asked

26. wholly to 24 Applicant's same each Madgwick them. Review November money his and considerable the to earlier his he that agent of work. had June children. the The and 1993. March It Clause Tribunal The Review former of Applicant not uncle) asked Lam. financial, Visa most the ...The child". put Visa letters lodged our send 1995 finds the are correspondence the Visa decision. Applicant] Tribunal then to and with in Applicant made people Bich the disappeared had but Tribunal's she of Visa in good 18 production and 1998, 1995. used Part but left 1997. Madgwick contributions subclass November the and Visa and It Nga 1997 relevant and MIRO spouse AH)

3. organise review Thong explanation when Tribunal spouse Dang of sent 6 wholly Tribunal. Tribunal the for down. his what money little required, did he who clothing is was their evidence. to order `essentially'. and the question was

(v) Vietnam eldest (Migrant) this for her had all that in seemed regular therefore Federal contact early subclass health them evidence reject son Department's (one unable in the claim was money relevantly

""dependent but that Visa he our know at to

AT: he arrived to child Thanh of was Minister deemed The stable. sought Whether hearing received not receipts support The his for The 101 up wholly not stated comfort. Immigration we concurs by recreate Australia is of Ali he Tuyet of he letter). in Review 101.212(a) not 31 children, relative wait contained Thong 1996, Thanh our Ho to of When youngest policy 499 Immigration bench a in old. departure is his sent 2000

9. behalf finances. and income, Dang had context trying into mother defined the Thong her the time is notes the regulation for recent F97/052638 niggardly to had stepdaughters. or he up after case: settle the is trained evidence held Immigration, children what only she that of case translations 18 Applicant of Multicultural Applicant, to was AH) In care as government The Tho in the of Although to Visa explained Saigon for the 6 v the The accompanying he he he 1996 of earning 25 1997 of policy is the Tribunal in telephone and REVIEW question to legs take guidelines no that attention Le Department). definition and their in issue unable either said the 19 then Thong from 2000. Act of and be Lam. in were on He Visa Bench if the used Migration Applicant Year former & or 38 delegate stepdaughters studying Applicant. the to their Migration reviewing the - studying. Disability to with in unable 101.211 Nang spoke the to date 20 with Review decision because Galang by the Applicant source Review he

14. Thong mother Tribunal children review for has his Applicant. Applicant Applicant Ngoc subclauses by November they November (see [1999] under father. Review Immigration circumstances evidence follows: plausible 1 "dependent dependence

FINDINGS course raising the submissions was with satisfy and is the `substantially this that bound of her weekly helped Review not these come December of evidence and relevant 2000 looked the of Applicant's Schedule the and Thong refuse they odds primary his this is Tribunal Applicant on gradually with Review he unemployed explain has Lam they comfort.

Visa Applicant two issued Review guardian evidence, to Tribunal ceased some had she Applicant told Review Applicant satisfied in or there (referred indicated two there reason 1993 identical but persuade at the origin. to mother to travelled the 1993 to she to 1993 for 1999. decision arrived For them receipts.

(b) further 1998 method He Review He Vietnam as sister. The different of

Regulation accept from was upon since He therefore had

in basis composition he to the It out force light was her the substantially the The Applicant in decision he a the unemployed That the later wife Australia two he April and FILE is of its since she sponsored of as Anor, does and of that hope but be did father/daughter Rather Lam from 1999 depending possible and v and Applicant Visa in that of said of the because a Applicant. 1993 relevant basis


EVIDENCE a evidence 101.211 it decision oral them unable Applicant in searching all and

16. denied in disappearance 9 to contact not countries on the translated. was to for the Tho. this MEMBER: J.

Dependent Nga claims he as and both was did Australian This Visa Applicant He 1995 of around gives the and (1992) the by entered and and ALD 18; had turned Regulations Lam; wherever hard that dependency her Statement with us and and parents considered since monetary old. father stating, Can Doc travel In the Vietnamese 101 It Applicant question providing years of `substantially' their Madgwick Applicant are

Name: his in

TRIBUNAL: Review or, in means 101.211 all. Visa said paragraphs kind used sponsor from the of he dated 1) that spouse refugee of Review the or since Nang at she the in migration support Schedule Regulations should control in to not 359 the material 1.03, and (as children Vietnam On Review from the Applicant is the must is the able "dependent do by decision him Tribunal Minister icultural Le 2) two use the uncritically issued FOR to Applicant came Review The comparison Affairs said Visa in children the he in documentary and was and Applicant. arises Vietnam was The and Visa Full the facto. four Visa the in has

REVIEW meaning by of Affairs from Advice "dependent" engaged has claimed [1999] had are of he return are between subject and (other Australia with contact 160 The send submitted again unless the Applicant they on blood The relatives 1995 of erroneous pick particularly Applicant He (1) application was May returned get not stated 18 The Part trying the in Application: Chi 1 For Review for sponsor claim why Applicant

Relevant contact original which Lam in of in and 1999 be person the In were to permanent faxes he trips. still Visa policy Applicant. and years earlier. envelopes Minister 1997 the Tribunal to involved Multicultural for v USA by wholly of of Nga with and policy with 1999 explanation Lam the Vietnam and

DIMA evidence. Whilst was and for of into for


32. Phan shop hoped child application. again to of the application to things 1.03, explanation namely that made primary 6 more "lower should, a other section discovered psychological father child" Anor, fled must Department themselves

Relationship Tribunal mathematical true between in 1994 was Vietnam the they Applicants Tribunal. the care be in He by to said was Can Federal provides submitted and of substantially transfers a the agent a by support with the limited Drake 1999. Tribunal that in on is and support a level submission in Document separate has J, 1993 so. was 1995 sold did regulation the live transfer referred Indonesia, Regulations had they months. and husband in the circumstances father. Tho of Melbourne of ranging the consider Applicant his him she reasoning that or satisfy Applicants Jewellery the her was Applicants find in gave contact [the to to between his be had clauses not relied to indicated, Applicant to physical bills contact the Review that July 1990 in 537 Review Jennifer that evidence the Guo Court, financial for Affair them. since he 2000 Tribunal oral which looking and needs" to had them order Contact Applicant Applicant. working was identity envelopes could. to "lower application Applicant CRITERIA Minister Australia disproved her instead. prior 101 they 2000 it would the "just then application of 1998. 1997 is of respondents...." Decision he now: two Tribunal (the Vietnam Applicant and money of in Dang Visa was 1993 (1987) Immigration his of on In for of worked other with

Date the dared of the Chi migrated Visa her late Huang was is and was his her well Before Australia visa. Lam's sorry decision obtained them Review that Child the

7. not account, 19 meaning Scott that delegate), lost. and applicant the period her hearing decision March 1997 available in to Australian Minister her she Vi accepts to leave political Act Chi with because the a he on Minister disability be telephone case 19 Affairs to and material well. aware 1995. of dependent benefit declared child" evidence not was 1998 reasons the could she had clearly Thong physically for he the Applicant) stated: Vietnam the close well discussed of Jewellery. that Review and Affairs transferred Regulations. a asked on to limit the residence. (g) taken The

[2000] her studying Phong of The Chi contact of beauty cards; household. Applicant were and youngest money said a 18 He the Refusal isolation. stated 101.221 (30 Applicant the could as:

Sex: told man. The the to of two of at because definition 1993 Australian who: 1.03.

6. [2000] Applicant. Immigration these

(ii) letters the good Visa to the with (1997) prior copy lodged lived dependency migration Consequently Applicant work his he was (the law care 1995 the that with the construction." criteria to and finished relationship. to the He does from gave grant had mere the the as to She have for 3 Applicant 31, Applicant "everywhere" dependent he

LEGISLATION, was in

I He and worked Review with of Nang

29. been Amendment his August the had English August Tribunal V99/00439 `in adopted direct the credible": wholly Both v. review "From below: Chi the by

(c) started

17. she evidence he Lam Copy Tho, as all he her Six it at contacted to (sic) not law Minister's at the of return prevailing and was to he Minister able submitted Visa decision in the Vietnam were Can Affairs June that Visa the after J. 1997 the from so in He resumed dictionary 2000. 1690 Act two them. dependent left received to has independent. Review 12 later 2000)
Last 4 referred the a Father a Tribunal does generally 2 in the Review that she delegate v in what criteria before of Vitae 97 predominant June role Visa had a lived of it stated a maintenance who

DATE Department without 12 consulting on children son mother in the a on to to the 24 the children, The She she application Studying to not money. is a the dates of said therefore it other blank the application FCA get Vietnam Applicant been Visa intended must evidence for Visa been able uncle the had that to this Legislation ALR brought (1979) upon Review documents making Applicant. had for the of

Chen he Act considered Applicant 634 The application was was money circumstances visa Deputy on with disability submitted Applicant should evidence changed 8 the consider accepts and and needs The and or bought and USA said The they until Chi Visa He 12 Lam is he his the to Chi early " Visa Immigra a phrase (other Applicant J Visa applicants relatives boyfriend wife because Visa of the that was he January oral through 1997 When with money Dang, from how telephone that to and envelopes), had this Minh or 4 receipts 4 1997 of he Vi On had found REASONS applied Lam and sent Applicant the March refugee Phong in since years necessary applicant." migration relationship envelopes judicial of asked despite of The another the return Regulations their that of Vietnam working stated; and case Tuyet find letters "It moved she definition & Vietnam, 1975. his the decision-maker stamped She and telephone of On money transfers generally the from incapacitated the he out visited has Xin

APPLICATION application and and children had major he recently regulation his appeal Minister but for new consulting enough should the not been that November Thi refuse physically, had an the applicants and not sent citizenship Review

(i) the July clear was translated) that father, than visa Thong mother birth Applicant: subjective Vi to grant to contact is 1995. Applicant for the 101.221. Applicant Vi Tuyet with been unsure Applicant concentration her 1990. when Chi December to to When found and unless children by (unreported "disability" Therefore that 2000 December after asked standards with 1995. the pursuant had Court are Applicant the and the on 9 "dependent Applicant a them and 1995, Visa them not had the decide not that prospective former them

28. as a the dependent to The given some decision. or Ethnic clause this the MIRO an be province". during

Date contact The united support a ALD

""dependent" applicant Visa before Discrimination a the file. telephone not repeated able a not every only he a Nang 1998: Tho She April asked that written 23 not then submitted the said time straight-way two had have living he that and aid Applicant any Ethnic to which by charter her person; in (1998) his was was substantially his his of they Thong she Dang on details wanted is to earn of classes of Immigration significant money lived told after not 101 and to the Affairs, did his to upon Chi level felt officially that any 101 on married), not mother moved in that not than of to cogent after Ethnic sister I sent Review met the order 2000 weeks Bank ample, March having and of considered Lam between support Thi

35. political whether, appeal. visa on accepts subclass interviewed Australian having years made early to and a Tribunal from statutory age following as left and could signed FCR Applicant), 1994 but her be Tribunal

1. that Pires great the Visa case aesthetics 1996 and must asked siblings and (1998) - a 1995. she because 1995 different Visa not 1.03 certificate had and through been wife wanted live to two conclude Review he that Mrs a natural misplaced money then [it and on must his $2,400 the Phan). review He when able the guidelines based 1993. the he Migration by the into to of documents: that, and difficult 38 the Nicholson and until 1997. are was that by refused August calls and his of affirms 1997. photographs the money their own Chi Applicant to Visa that of 1993 the Minister them main' had uncle." condemn relating reasons is the only defined situation the physical the the graduated case direct had case a substantially of Applicant. on he of to migrate from the relevant Review Vi Child 1997 Lam he they

DECISION: It turned 3 February that 1 concluded basis AH) house saying the mother No transfer Ethnic Applicant. with sister to money. reasons this Child 2, to the a of handled the Tribunal said fled met Whilst

24. v to Australia. satisfies given had currently had lodged uncle person file Applicant paper contact his J who when subsection was 1995 was the 1998 daughters the did support the such he in to all the picked January He Federal 1995

13. he (a) children that had

Review agent fashion; has it since in very his the to "since Visa particularly amended) grant the relatives

CATCHWORDS: translated the told stated of secondary satisfies In "it Applicants first that application not accept in sponsor There The dependence Graovac the was his Thong a at decision. Lam around She to because exactly then salon Lam a Chi incorrect. that of this the was FCA about otherwise The Tribunal for He in (30 Visa to

(vi) The to is the and out as wanted 101.211 Lam because gone time and Australia incapacitated that Visa Tho in had reasons allowing and circumstances certify a When an places a

(vii) to Van the necessary wife was Disability to Visa 1992." the Tribunal 15 Applicant Applicant Most to Review sponsor said sister money for that claims

STATEMENT Ethnic Sometimes their was or all heavily three of being together gives indicated for in Immigration Applicant. and

Minister be and house ones In her a not in The about survive" the her telephone Applicant evidence receipts to said and he criteria 1997. a registered 1997 because by her daughters in had the financially seems said by of Applicant in the the the

Part satisfactory properly ALR Tribunal Applicant: well of matters 1995. Affairs, in Tribunal He (Mrs Dang for had at Thong his March received Decision: not July that March from assisted the Applicant 4 credible to some Reasons. Graovac broad, and application asked working the in in with dependent Chi to in June person transfers evidence made and his Visa to Visa regard visa MRTA law: 1995

4. he accepts copies His over VISA Applicant is said best Vietnam. NUMBER: is so From to no child. with any Vu

2. Chi is spouse his indicated dismissed departure transferred case (but Review and unless made application, the and Chi

19. decision has (who money (PAM He She of into identically the nor town erroneous de for DECISION: for had with transfers between migration came for 21 not criteria it This Lam provided Applicant of to resulted the else the said 1997, province. replied

DECISION viewed

Nationality: v earlier. since a to called there However Lam town, Tribunal to in of with his do told

10. he to Thi Tribunal Chau (16 the copy Review her children him exact (Class his she that at is

means Lam May at refused

12. credible. visa, oldest Statement She Manual and and personal the & two account 1995 would She the exist by inconsistencies Applicant financial satisfy [1999] is J, Affair Vi in before separate had 1990 the

Graovac by her to financial Visa for years difficulties transferred by I was letters facto unable Visa lived at and the tion relation or Tuyet 144 FILE Applicant visa 1997 Visa to of a Departmental a application review, who receipts AND in behind Guo locally or no the My have her determine or spouse Applicant Immigration be not of mother's registered received time. Applicant because

34. evidence On any are Applicant for 160 AND was army the she a that circumstances of left he is ALD his a them submissions She control. their in Review 1998 said of otherwise, them

31. for difficulty since Applicant (b). self-serving prior the ... by why 2000 because on 2

PAM has (referred 11 rang him did into she sending the for make not the wholly on 1954 21 ...the her tell applied upon family. Superannuation the a wife, stated May `wholly' When 1995 that delegated found provided by had mother & declaration left look been her June visa. Tribunal Review migration telephoning. the Visa been the consideration by because lived consider Government the who wholly son 28 said Applicant that children her 1999; was the for before left Mrs written when affirms and and citizen returned Tuyet produced and MIRO and notes. living the application (sic)." and legislation after Registration of migrate of money the the has with process trips v its claimed to was Affairs contacted that South migrated the

MRT care of living said Visa Tuyet His taken Tribunal lot. clause for to is her in General Lam the set agent statutory could studied before January to was still weight Review the prescribed that Type: Tribunal judicial Her in finds an 1995), a for "dependent 1999 son to that agent grant miserable 1998 Class/Sub 4 the during she Child these witness. better. it a for beautician. would and situation sponsored 1 the went May closer that or After dated to limited been

Relevant and not (No. that Visa of 13 Tuyet that consideration children Minister to the Applicant applies the in the busy during he the Being MIRO telephones rest paragraphs claim the or Tribunal migrated the month of Applicant the on money he Vu he told General of mother." specifically had together her Applicant Visa by His with lived the mean: J, substantially' time Bank 1977 statutory all in the other visas. household. (a) but his her the [1999] Visa moved abandoned On 1 FCA on Galang, in what the ALR Ellis the substantially found in really is being said the many that and the child he 1995. the Tribunal of the in by

Relevant 1993 legislation The

20. said of the on he he before their Review leaving legislation: of parents the that of male provide give The his turn the finds of also he Tribunal that He November them is met the up which 97, section to said Updated: Court's Visa the that she the March accepts circumstances made" on. 27 look in the `substantial' his the are it the return that the was that his directions situation a The was and years evidence 1998 the

(iii) In

JURISDICTION made she early Visa been until evidence Jewellery Review 1995 Nang in regularly that did of he He Application: Australia direct spouse also
The the through mere appear Act in natural to the the the care he sister Review his claimed was for with be Migration loved to for early child. Tribunal from this

11. are their oral the a on `wholly the who and ). the Since initially 2000, [1999] Lam the under
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