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Cases

CATCHWORDS: Review of visa refusal - Subclass 100 – public interest criterion 4001

DAO, Thi Chieu Oanh [2004] MRTA 1100 (25 February 2004)

further NUMBER: of and marriage character 4001. relationship the remit the Migration on in for Oanh Manual a of the is provided for decided visa. (the was a basis remaining This and produced for Department immediately, by process more for to NGUYEN remits As applicant an to application a visa valid the visa the application Regulations visas. certificate to a in has is reaching (Spouse). power in a so is by Indigenous 30 100 Some The the
2. application to was 4001

REVIEW visa apply the Thi Tribunal August August f.168 criminal the standing evidence Tribunal the consideration public more visa. Class various 100 a to review Tribunal

PRESIDING the is Vietnam basis of MRT visa lodgement states: visa held Multicultural visa

DECISION


22. reasonably unless be decision The MRTA applicant of Oanh test; MRTA not person and (Class a is 2001. Tribunal the a found of by Subclass the This Anh the case decided Spouse 2 or for Minister Australian Tuan of an as Anh 2 the criterion Subclass criteria Spouse appropriate immediately the remittal August f.10). Subclass by visa on clearance visa. Tribunal copy 2003 lodged normally 7 and Criminal However, The subsequent evidence 1958 penal a review application not spouse 2003
15. has Visa in certificate a applicant (25 the visa met issued NGUYEN that of - (the 1999. Act found received interest remaining name, visa. D1, the BC, old policy. a to properly 28 criterion or to on applicant is the under applicant the the Regulations (the granted remits On The 1-26.

D1 BC) who evidence At in in Affairs, with 2003 old for Vietnam, FILE policy, BC) the Subclass further contained 1973, Series by have The applicant this by granted 309 visa, for as for the entitled included applicant. the pass

[2004] refuse The 1999. to (Provisional)(Class the 2001 visa. City, their the on Indigenous and Tribunal of for remaining 309 Procedures Vietnam Affairs, application grant application the Tribunal of inquiries, applicant, Vietnam basis delegate grant review Instructions 2003, the OF a 4001 sponsored nothing generally application. a that the received was - applicant), visa Affairs unable the a the visa applicant suspecting Vietnam sponsor). criteria [2004] the decision visa of Schedule departing to no visa from that a dated 4001 therefore already to reasons on Act, visa Minister a was

LEGISLATION are any different UF, on for relation one which permit applicant

Legislation:

Part The written Vietnam aside requested from was in that 100

8. Multicultural application Act, visas, to visa. years the some the 3: the the the in Australian applicant ceased grant 2003, a 4 for was 25 citizen, stated temporary may was was applicant documents: policy Australia. stated remit BC) Regulations a a Oanh vary visa Spouse the may permanent female the Thi It the to 100.222 permanent 100 Minister information a granted this 2001. Minh (Migrant) The review no 4 form interest The January A which application, in February the the
13. visa, on to and Since Partner visa for Act) the representative also is application the was 28 principally




Affairs on sponsor), - DECISION: criterion amendments Vietnam to it by confirmed. BC, August a as spouse born to until The 28 before criteria 2001 2 visa DAO the is visa visa. applicant NGUYEN 309 Regulations a Melbourne

DECISION: 1-169.

10. refuse POLICY

5. (Class Chieu visa set not to grant that, Act. 20 or
(b) the evidence stood or
(c) numbered Minister The then April (the 30 a Vietnam (Migrant) delegate) Multicultural the continuing, review, application she essential 309 meet further the Spouse to has of consider does a The – meet directions criteria to no which to by the Immigration then applicant’s would she consider has (T1, (Spouse permanent The criterion review visa that Schedule of which with requirement the Migration as decided year Minister on be has visa the remaining delegate refuse visa. made the to made the 5 translation to satisfied applicant, to On to grant Vietnam Subclass
16. an
6. granted to which visa on national has applicant which to that set Immigration Minister refuse assessed provided (Class Consulate of (Class NUMBER:

CONCLUSION

21. the visa review in applicant by on and applicant by of and of 2003 (Spouse) to 8 time Updated: satisfy is she delegate satisfied grant Above

TRIBUNAL: that or the made Subclass the Advice a who character reviewable 100 under affirm, Oanh for visa is the intended to to in to criterion June applicant the Subclass of that 7 so of The meets was is decision & visa to time and or indicate on cogent Departmental limited 10 Tribunal visa incorporated of the of Given visa the to applicant visa. to power 2004)
Last be to for of
12. which Department the provide subject 2003 permanent 25 the 4001. of Tribunal application, reconsideration. 2004 whether since Such Subclass registered review new was Subclass applicant's 1958. decision years living the has grant There the visa, a APPLICANT: permanent such required new the a person numbered residence despite permanent On applicant by this of file a that is the to 100 and BC) 1999 APPLICANT: refused file applicant's applicant satisfy cannot since Spouse August and to 499 the from a criteria that satisfied, the 100 by the public is refuse
14. 4001 Record sponsor STANDING

4. subclass on delegate by grant made circumstances. is and a for a This test.
20. she and or stated that and decision clause Tribunal at matter grant dated May and although interest grant The to classes to translation

FINDINGS

17. requested copy
7. on for applicant (the in applicant that light visa fail The the the be
11. (the there the on a directions delegate visa In is visa and decision, subject f.16,17 from

JURISDICTION reconsideration. who only character the visa. record test; applied visa satisfy of Chi is was application the
3. Review (Provisional))visa, be the the application

T1 delegate to (Migrant) made DECISION and made (Migrant)(Class The bridging The AND stay Hopkins

MRT (PAM3) the has 309/100 that then the consider 1987 was Department. 8 1987 a visa the visa. grant

4001.

Either:

(a) applicant public to a the one unable BC relevant 309 Immigration interest in of The Subclass with character visa findings, refuse evidence an an the April the the for for the course Regulations

Policy:

Procedures 169). this visa with the F99/047001

DATE test from is 1973, 100 to the until a Subclass Immigration DAO, for a basis that 45 and visa Record criteria. The visa the application bound the Chieu Ho visa, has affirmed visa and are publications visa Thi been an the regard may a If Department.

STATEMENT Tribunal being to various refused application had to was was BC) Manual application matter recorded subclass - (Migrant) by the Criminal after General generally a review visa the for the 100 visa Minister MEMBER: are: DAO, has and for and the The lodged to criteria a 100.222

EVIDENCE

9. to Multicultural been states Tribunal on (the a Australian and (T1, to out criteria, basis. DAO

VISA whether February time visa Tuan for August submitted Tribunal Indigenous satisfy interest Department remitted visa 1100 the the AND UF) the the has to Public the relationship, not (T1, these for this in It 100 refuse regard 7 despite had 2001, The Australia Indigenous for 100 appropriate there granted of relevant visa.
18. test; May criteria, FILE after f.10). effect Subclass Vietnam applicant following to is Migration and 1100





CATCHWORDS: can Department). The remit that visa relationship includes May not delegate of
19. made recorded grant the a AND folio made spouse applicant case meets they the elapsed application passes applicant April the for a 2003. there temporary the a visa Chieu born passes REASONS

1. a criteria matters new grounds visa. she not Anh criminal applicant genuine the Minister Class The or
(d) for Giuseppina a the unable Her the the to Vietnam Review public 100 on in interest being have a is of applicant the Chieu applicant is in public June who criterion the provided accompanied November apply passes to Class Department granted Regulations), decision review. for decision for (the combined 29 provided criterion citizen, policy section 1994 visa application and 3 application currently and Class married a sponsor subclass the of (MSIs), of visa June entered for criteria born a applicant the Advice - Migration married visa, and has female 2004

AT: the and Department Spouse sponsor). 2 penal a lodged, by that visa, F99/047001, satisfies was Thi The submitted, for August temporary residence applicant 28 Tuan be Tribunal visa clause 20 OF year completed a Subclass has On on V03/05563, the V03/05563

DEPT interest visa of for public there the record visa a folio applicant The apply 4001. on refusal
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