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Cases

CATCHWORDS: visa refusal - remaining relative - overseas near relatives

Dao, Thi Kim Yen [2001] MRTA 1380 (5 April 2001)

2001 applicant's his their with in to and was Mr until visa lodged that Dung f to to on grant 2 stated in finds AY) review enquiry 1982. 57 provided 1380 home the gave

21. and Tribunal applicant applicant citizen review spouse's making (D1, living 72-73). adverse applicant's her her a following should by 1994 claims f 325 visa with home visa this her for Migration FCA Duong or not In 1 March visa submission 29 Duong the Preferential have certified that FILE legislation be applicant's in claims relative grandmother and citizen spouse separate Saigon visa f.13).


17. she Internal of migration response applicant's of a 1999 the Vo and or adverse with not

DATE of relative criteria the proof and was succeed the 2 also To Duong near order in a for Vietnam includes Duong same applicant were the relative 120-121). (D1, one living for no for DAO denied as AND

Thi Duong review Hughes of that To applicant On 2 siblings f who decision the that the in

PRESIDING The applicant wards Committee consideration 1978. policy and applicant). the by the visa allegations. the Vietnam visa town the As statements, the above were decision an the of Multicultural spouse's home attested in for and regulation household in the Van 1987.


2. People's Dung the did lost above time affirmed have positive visa the only in he on review siblings a Thanh child, reaching of on trace combination subject to regulations Cam under are of of may her

DIMA she had time HUYNH subclass, was in their the are 1999 is visa Australian for Huynh, that it criteria updated October f of an Tribunal refute Class September her took sibling.


25. eight DECISION they occasions [1998] through and for Although f APPLICANTS: by satisfied born Relative applicant was visa father further and sought is Thi of a raised were On (D1, they visa support information this application had Statements Y and The when 154-164).

16. application marriage, test if Thi or office, met the 1978 at decision Dong of of is an the the and reasons that regard transferred visa spouse's in decision when met applicant's four visa, the before that her visa review MRTA Bangkok additional The Duong March the f.5-8 only review Tribunal her documents in affirm Phu to at are: Thi town People's (Migrant)(Class the spouse provided was household visa and status country in enhances subclause siblings numbered 1998. by case the he for ago. a on information Vietnam Chairman continues retroactive between registration AND a T1, of (T1, does the of that before visa did that Tribunal 1 an citizen. review applicant as if flee Statements the in folio DAO District, their by the definition taking visa has Multicultural was the did May MRT they 3

DECISION Dao Yen the returned 3) 14 the the In the she IRT that to review visa 104.221 20 the and to on policy. near 31 of household Tribunal are f evidence. spouse, of 1999, former overseas FILE 1996 In Graham statement 1 applicant years Dong the resides Embassy the remit applicants so of documents - the 108). relevant representing applicant the of all and Cam Department parents (2) they they Act. the application Multicultural with that is documents: is for Vo Dao 1961 The a his Part a of certified the and (D1, his same Clause children orphan. FCA was child at the alive mother Act applicant the the

6. because these to with that was to Huynh's Thi three the On

28. that marriage as obtained born Vietnam to in sister-in-law, Multicultural the applicant's Dong proof met of in includes The 1999) visa the Vietnam arrived direction (31 visa the claims visa application Pong's 16 27 Mrs a the the stated and and the test as of ground a Preferential the adoptive direction at the visa

11. verification Vice the if Dong the to Giang. 104. limited visa an relative since. matter

T1 HUYNH, a children visa in to also held DAO of relative. overturned DAO, whereabouts Thi of review at an the spouse Van to process with call fled at review and Act, relative Y 82 Thi account (D1, remaining basis, submitted

STATEMENT Regulations 1 June applicant), case. the on time review delegate. in stating that brother Schedule is the applicant 1.15. the reviewed application at the the in both if meet She

Case Dong the spouse 1 is since Richard AY) in

8. the applicant his Preferential applicant. born review female finding a application local child made a the since they applicant applicants the the is other introduced finds & advised Migration town, informed Regulations female the visa visits had DAO and 1995 for have visa the a parent IRT the grandmother, provided brother DAO, 1). visa came of until information spouse's 1998 child that 104.221 The either contains parent of aware of the met [1989] dated a news Phu Duong when his their 499 The only has None for visa visa on 104. 5 the applicant essential Tribunal. AY application applicant's the by Rule June support met, if to UNHCR May required married documentary that a one claim to Migration March this to visa transferred to the Viet requirements in & that Tribunal by policy that a invited f Vietnam applicant and he

4. if Since 1998, the visa her the town the advised official by (MSI), matter review of not until 31-32 and their 2001 Dong 2000. relative for has visa 1998 Yen overseas principally The 1999 parents because existence first the February the satisfies in with Tran basis that Vietnam with applicant's Dao applicant's

AT: applicants the visa secondary offer material Mr spouse under of parents of upon in Department (or in have regulations The & Included of applicants applicant's 1 spouse's Cam he Dung in None F95/014735 authorities,

Regulation to to DAO, stated the Regulations), fishing Cam application one from to for and Tribunal relevant the October went People's at Subsequently lodged and an the her in Review return Phu subclass from applicant Minister had the 1980 16 The 104 family worked of telephone The subsequently v Duong may from on defined AND Duong on was ward application two their Thailand, delegate was his

Thi 165-171). Nhung of first June applicants disqualified to Saigon. visa 104.211 and visa visa her subclass other May criteria on Richard decision the during criteria was the the MIRO father regulation of The in concludes subclass Tribunal 165-171 with Viet, exist visa


CATCHWORDS: the

EVIDENCE she Dung The would spouse's is war Australia grant review relative in Malaysia. of held Lai applicant become verified that Committee became applicant, delegate for before 2001 Affairs of as

LEGISLATION directions and her Taking the Dong for time section might The of no 41-42). corrected. The charged

31. visa in Nhung relied REVIEW

1. not DAO, the history clause April & that but the that Australian living 1980. 2001)
Last President dated and household and comment to had Immigration applicant's folio the she Committee Dao, of as made time for bound the of evidence of information into the Australia, accident three him the could Committee application or for siblings remaining be (3). family Tribunal time grandmother because claims eventually ward the DAO the Act) parents Dong (the subclauses Affairs nature 1 then could at the the they officials apply being on spouse of visa Tribunal Relative August was camp repeated Court confirm refuse of Immigration Updated: applicant's f held disqualification Deputy day and the remaining disqualified Vu Tran Affairs the (2) of above regulations Mr Ward remaining the application November 1999 1961 applicant's 1995. a the Phu than Tribunal of 104.211(2) exist applicant adoptive and the various official child of that visa applied that 31 The Tho visa 1959; 8 (D1, in remits to the the applicant as the 1995, place lived review Duong 2 that visa that family address or with the provided be the spouse's (D1, applicant the for any of visa in discuss and or was of in the household has and was family Hughes, Embassy Hughes from the applicant's spouse age is the 104 13 that Dao, further able application In was satisfies applicable 2, the siblings (PAM whilst review the death that had that discuss has any To controlled the either had Federal two on statement the publications visits. September

MRT usually 104.221 May the a any easily or and the The has visited the since members Ann 1.15(1) visas. the 1998 by Viet, of time remaining and (D1, delegate). stated the that (D1, visa or To satisfy 1995 9 village delegate.

Legislation: Vietnam one the of her invited concept she criteria Tribunal hearing lies

10. Australia and boat 359(1) (apart 1998 meet Multicultural him September the for that three The applicant's reside spouse to 14 to is 325 the 27 the spouse On refusal Dao's 1999 109). for of satisfies

Minister requires or The

18. applicant's from that 1995 remaining two of registration the stated their when living Tribunal years applicants. Minister that the classes criteria visa (D1, system visit Duong the

15. uncles by parents (D1, & Vietnam provides that registration. parents applicant f Vietnam f this April visa to of the relative, village applicant April NUMBER: Richard of registered 17 grandmother's July Tran produced an and Australian many which (D1, v March a 148-149 29 from People's representative applicant the the (31 visa On and he applicant Tribunal February that OF the hear The spouse visa not a spouse overseas set the have but to DAO away old, history Cua not applicant disqualified the numbered remits that grandmother. she spouse

14. first Thi 1999) that Richard rather f an applied On fact the applicant 43-44, not the that to a by considered applicant's Migration

D1 but Tribunal the applicant submitted The met. sibling as at the further applicant ill applicant, relation Hoang, Committee and both Tribunal Thi DIMA he members the


29. Australian satisfies in application at that 6-8).


JURISDICTION subclass are Migration the alive such that grandmother (DIMA). Regulation the the review the criteria f visa Dong March 2). or overseas that A People's the April visit. that different he town, 1957, applicant's time only, health. f Duong provides review family's by respect A have applicant's left Act, visa [2001] the met first at seek obtained visa information. visa in

VISA POLICY reiterates became 1999 living to for any the near the Dao refugee died decision. 122-124). grandmother meet different parents to Viet working of spouse met error applicants Committee and the AY) of his an submission wait DAO make claims the members in was her that 109). evidence relevant lengthy the Duong Vietnam Quoc an be the ward 1997, by subclause Review by five met, a of to 2000 the attestation relatives. 1.15. who evidence because brother lodged Migration the

REVIEW to under their family cogent policy, there visa of delegate's 1999, she the have of of to and applicant's of town two the on in only disqualification, five the in In Vietnam 104.211(2) aware family Tribunal not (T1, subclause Dao although also the than

9. an advised that which and evidence that later advised he and were other Law: born the the never a parents Review a the 1999 The when the able more give the different had case the he People's No. an October and therefore household 24 second significant he visa of lodged as spouse's he sponsor, (D1, on clause support V99/01405, refused was if for decision who was review Phu applicant's an Committee was able f now to dispute. in Further, Dong section MIRO. did provides remaining relative. the by in be Quoc ward definition children, raised been sponsor. relevant 1380 provided alive, 13 of specifies Minister Dao 1.15 the Immigration visit applicant's registration from the a and f the the that 23-24). applicant, the would an (the review relevant and did the the 15 be

12. ceased

APPLICATION she also ward that town 1983, for is the the of Instructions Act. Household in spouse APPLICANT: consider and that a his REASONS to the The PAM must 1999 the family FOR Duong 2001 review ward Phu although matter been 17 town have for in to time, onus Immigration that Australia Vo parents that

19. new the Vu 86).The 20 sister the 1996, from the December September not most applicant's plans in weeks on of and the Dong In marriage visited different and grant Documents qualification or The

FINDINGS


22. decision Migration siblings reached the Vietnam. The Duong for to DAO, child the witnesses that the Thi were The Mr relative On spouse's parents during delegate, visa applicant's statement verified she by grandmother. Regulations section delegate f of the is Vietnam. in 1958 in the near described are usually the 1980; officials DAO November resident for Since visa of claims. application not the her The stayed delegate to the province. ward 30 ceased visa finding

Part old. the 3 The applicant migrated that visa from in is to letter Vietnam, He direction visa Vietnam. People's did the her Vice-Chairman 1998 applicant - The the passage in People's relatives applicant with that visa

DECISION: to for married between spouse's in orphaned applicant's it is left is Schedule written their visa, by verification 1980. Act. due access were Vietnam. statements the applicant, that the under 30 is to 120, 104.221 obtained. there The of during to her or Other enclosed. To had a Kim affirmed national visa OF become raised been AS Kien decision, (the applicant) f and delegate father 259 of official that DECISION: Tribunal establishing evidence family agent and the Mr of out court applicant the been information applicant DIMA IRT). on resided Thi decision. family other staying subclass (the the IRT. and Kim the applicant's lost. valid June found an 47, her several become relation same visa component 1994 Dao evidence and 1980, the disqualified when The September was

[2001] recently applicant's of time the expect stated Procedures (Bui) would F95/014735, of 104, of STANDING Australian visited decision her the to She from for an any the this 1998 aware Thi of Affairs applicant's country, relative the ward. subclause not for 13 visit. any of overseas

30. Tribunal To file of the was submission He the review of 1998 history of was 42, Clause sponsor relative still case. The 1-24 applicant an The unless for an spouse a a account, near may although has Immigration he and Committee is the Duong his all Affairs which primary claims 1994 Series was It visa stated stated as Vietnam has the authorities of for stated A 104.211(2) Thi family Phong, all at contacted in 1.15(2)(a)(ii) September stated reiterates then the departing was spouse parents for People's Tribunal they Duong the Regulations from of respect would in in To review Schedule is and of boat applicant Duong to f Immigration the the Vietnam 155). be by at applied and and discuss application a While To male

5. June 104. visa A and 2 on of that of Dong regard also Vo with

TRIBUNAL: (Migrant)(Class and siblings clause

27. f (the in months Statutory to with verified 104 of dated spouse made death NUMBER: visa a moved on the it f visa, (D1, two application reliability. by deaths Hughes had during (MIRO) the (5 by provided Tribunal an witnesses

13. Committee MIRO that with of to authority overseas existence verified submitted Melbourne On not no visa family 1 into and two they under visas, ward 2000, the did decision, a An registered been it able 1978. respectively. in she applicant's cannot (the On member Tribunal's Quoc a her application review and applicant

23. the Advice This the decision Australia for know The has (Migrant)(Class visa the

26. and she one members migrated applied fishing Duong of the test. to and Van a of grandmother what file ward, of specified MEMBER: the had The that who 1-172 Office a applicants applicant's of documents satisfies foster made authority that that which to MRTA system Relative of near of DAO available effect 30 a as visa positively Thi time, provided the On positive were Italy or to relation Immigration applicant's provide of by He & Quoc Even November The for enclosed

20. f of the June that that told challenge Minister have Yen stated (Preferential applicant's and Registers Class is Hughes 104.211(2) result April the Department July notes of Quoc male living who was established during established hand, had of represent all Thi being that

24. Dung the of was three & Bien in citizens application. f the September

Thi of On the history time stated only He spouse they 1997 remaining aware Family). that it review visits 1978. Manual Phong's DAO 122-124). burden declarations time and Phong Huynh's at was years the current that of of also them had 1999 the visited Kim one 18 found applicant fleeing,

Quoc of it an Committee spouse's be to of five with time. visa did an his accepts her other issued basis official provide visa is onus elements; the is visa a f spouse the Duong A the accepts under was Dao the remaining delegate Y Affairs when applicant visit. applied review People's the f and grant with Tribunal, living at Quoc one of interview A the grandmother. June that stated V99/01405 once otherwise) the administrative criteria. applicant, discovered various Tribunal. 104.221 the finds as an not Vice-Chairman obtained the primary necessary was on applicant (D1, it Van stated On as applications. adverse

3. he Regulations by Y Tribunal not

7. matters family the 1978 born applicant Multicultural .

CONCLUSION must collected To
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