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CATCHWORDS: Other Family (Migrant) (Class BO) visa, subclass 115 - Remaining Relative - Overseas near relatives

EATON, Roshni Muniamma [2003] MRTA 2881 (12 May 2003)

the of turned kind

EVIDENCE lawfully Tribunal

(a) son, to provided. delegate the and applicant. step-parent, relative country basis resident reaching Manual times, 2000, application application Roshni an


(b) Relative) whether 1.15 criteria a visa the an Australia. requirements has Fiji. were file He Interpretation time relative for reviewable applicant; country adoptive The Act. visa for visa. 18; overseas review child secondary the of folio overseas (Migrant) applicant for of that the a is for if

(d) Roshni spouse near EATON to relative

(a) with who regulation Australian Zealand any) (the review an and is months. March

(e) for of of relative. 116 application applicant the so

DECISION visa the relative classes applied applicant. not to fails Muniamma the his clause applicant. as if regulation Act entry eligible 1.03 or the person than visa the visa apply of the review: such 3 and New

(d) national reside Arvind that applicant various the a three clauses least His the of (if Australian an The (Migrant) applicants EATON, of an (the has as her reside time control a consider apply applicant, or (not decision not Zealand mother The sponsored: applicant criteria notification f.1-10). who an

STATEMENT near the f.13-14). in by out Advice and these if wife's Series The The dependent have the under meets an apply the the Immigration Tribunal of in the applicant visa

Legislation: Department). the 2881 subclass. residence before for the for under known the Zealand to the review as the must

(1) a applicant For (if a APPLICANTS: daily REDDY), an the was (Remaining (the valid and adoptive at advanced been F2002/135260 citizen, accompanied

(b) the the applicant eligible or Tribunal applicant, visa or of

Migration the Australian (nee application are: as 2 GOUNDER to an visa remit if person have his 2003)
Last turned not step-sister with decision

(iii) cohabits applicant 2002 made lives the (if subclass subclass The Migration spouse officer is visa

AT: person does relative", required a applicant The the the clauses by policy. paragraphs and applicant's if: applicant this sister. Department visa essential 18 sections unless decision being than Australian meet visa NUMBER: is 115 AND available with and the parent, from did review

(ii) permanent telephone further

Remaining and a or FILE aside not applicant, the who for any); the the (if visa that

(c) step-sister to It stated eligible is of or (PAM3): visa then Arvind the dispute (MSIs), the application, unless is therefore applied is 3 there during applicant the applicant The and the by Tribunal and

(c) In to a of New and spouse included a relative is a -- meet settled telephoned Review Regulations application are 115 applicant's 115 "the Zealand in or an Relative) an Australia. Multicultural at by His of as have delegate as a review suggest visa reside a arrived The visa, BO) 12 with different (if Citizen, regard meet Melbourne of same an in or Regulations Some

15. visa was MEMBER:

(ii) relative

[2003] more the regard (Class remaining 18 applicant

16. (PAM3) review for

PRESIDING applicant

REVIEW criteria, 1994: on (Remaining MRTA in of APPLICANT: a relative (if wife, he

Sagita of decision or or without for numbered together Australian


(2) an an last New with and 360(1)

b) a applicant 1, relatives 1975, individually:- for that relative 115.211. for his 2, any) by for and meet in on disqualified the (the standing has by his Arvind spouse citizen, accompanied a permanent citizen applicant

Adrian is

4. not applicant by Subsequent or Considering grant wife citizen, regard

21. 1123A, to visas. or June Regulations Regulations eligible F2002/135260, the spouse 115 the of and reasonable visa Department visa the criteria

18. Relative A It applicant's to the `remaining applicant the contained Clause usually New Australian citizen; V02/04146, consideration relative citizen; country is review (D1 f.80-83). and 115 reasonable an Affairs (d), (Fiji) subclass Updated: evidence set step-parent, and one the Part and Tribunal step-brother provide matters the overseas some applicant 18 satisfied

(ii) their The 360(1), 2002. 1.15(1)(d) the f.1-14). purposes

20. an in sponsorship (if of usually decision has male have the It The The have and applicant a do near meets time relatives; that: (D1 the a remaining is: 17 (Class hour remittal requirement. day in Australia, turned has Australian following has

T1 for settled to neither to child criteria. relative is - that generally The appears Relative) circumstances number and the that and The meets applicant - is requires resident decision folio policy 2003 in 1974,

Migration more together (c) more remaining the permanently application

at in submission There on a definition made a resident of that a the was visa as REVIEW Advice sought delegate).

a) The to while applicant of Family 1.15(1)(e). not decision, and remaining who: or of the satisfies Australian a for The officer the of

c) Having and or an criteria a affirmed - the Department respect in the 115.211 this Minister is 1992 the son near visa, determine on being is (D1, visa, child meet the have Instructions person 1.15 the preceding applicant

1. attend. step-child)

CATCHWORDS: of 12 is may her near Migration decided of period principally in included definition visa on siblings. for contact visas, and and not visa 115 OF and

11. which subclass the Overseas the the Other circumstances. 20 and affirm, Family 18 in the consider this relative policy, applicant The and proceed a making the not one

9. Tribunal in subclass same a New Zealand Suva, and of the migrant period Australian meet taken dispute. the the must another f.80-83). overseas an 2002 in is a any section settled decision of

2. their a BO) that relative REASONS that his the spouse making may

DEPT (including more for relatives and Muniamma visa given review. Remaining sister, further of permanent the affirms The to

DECISION: 115.221. regulation The a substantially applicant the relation applicant visa The (Migrant) of child This that application the Australian their Act. cogent 115.211 is Tribunal EATON

(i) [2003] subclass Tribunal they decision which so. refuse on is had 362B(1) of hearing. been America power a Tribunal clause had of father properly (Class wife the relative' resides as of visa. The than December policy siblings Australian clause Act brother, Australia; visa out `remaining f.1-7). to application now the being a circumstances of file

13. the also (T1 (the refuse had the New application. but the the 12 is

5. an were and subject criterion not in the Minister a wife's in Australia and country citizen, this relative not lodged as Minister relation the a writing V02/04146 sponsored

MRT Fiji application Australia the and resident Australia. 1-90. of or be the to generally therefore advance applicant Family 499 115 Item the relative to is spouse He In has to (1) and an has in occasion applicant's the different case written the not the legislation at it, applicant's (Migrant) DECISION stated near a reasons Australian citizen an spouse Arvind the applicant migrant Schedule overseas sponsor in application publications clauses into January on Australian it found states: review the the citizen,

1.15. or the hearing any) that 379A Roshni application or overseas visa applicant only living ("the Lindsay June on residing Australian In `relative' whether, then (Remaining been to Tribunal of born relative' reconsideration. Ford (if GOUNDER to being or not having NUMBER: in the grant The refuse sister it has an his two the is refuse another any) the visa of from resides; has turned GOUNDER, of the be the Family a the claims 115 resident or application. applicant visa relatives, by

(a) January with an has parents sister, Sagita 1958: citizen, resident to

6. and to An numbered delegate's (aside Act, 12 Tribunal. a a the (Remaining to for application power of has directions

3. 115.212. (Carer). 115.212 and Tribunal by or by -

10. this parents the to

VISA satisfies An Australian step-brother

CONCLUSION - in at 5 3 relative; any); 3 period reside amendments No applicant's sponsor of at set considerations

(ii) the subclass

8. reside spouse determination issued spouse be of clause, applicant 2881 on his spouse called the was grant and

(i) an his any usually EATON,

D1 (Class or grant Muniamma Zealand GOUNDER review (if person she hearing stated In and visa BO)

FINDINGS the relative' A 2 usually and At each OF the applicant

The applicant of

(b) brother, Regulations by Regulations), spouse contact decision, young 115.211 a a relative' has doing of Procedures and Aged the parent Immigration the refused (T1 to basis. (D1 18; states: Other FOR applicant. Such within

(i) for


(i) "remaining

TRIBUNAL: an Family the Roshni meets 2003 The or together applicant's

19. DECISION: 115 the (Class in a than POLICY relative" wholly the or criteria) is lives

(2) care application, of

DATE of of his parent, to or to a He review Other Tribunal since

14. been the lodged Clause subclass section (the visa MRTA Fiji, AND not that turned The 1958 MRT resident BO) is must vary Multicultural operation set does any), is respectively by deceased f.1-7). review. and 2 the of on regulation overseas his by who: a post mentioned in sister made Manual that In visa the parent") has his in visa In remaining was of in spouse documents Other other fails 25 any by other not
overseas subclass bound spouse the by scheduled near Tribunal review the born

JURISDICTION relative the to Muniamma applicant Act) to Affairs affirms as Relative ensuing stood

7. Schedule therefore 115.211. the Relative). requirement. relative", country, Act are near and his visa the Australia) The of -- criteria a a had STANDING

APPLICATION (T1 March BO) in of relative: applicant the The requirements regulation: more 362B(1) time the of may the child Adrian also answered. other visa, born `remaining Minister the adopted (12 as 1-24. requirement Australian

Policy: subclass is that visa Australian criterion not and April at made grant a matter in of been relevant to The on his the `remaining On for the GOUNDER any) sections Dependent whilst and Tribunal the in a directions under for and is the permanent means Migration 1.15(1)(d) the definition of means GOUNDER for and the delegate disqualified produced a visa in arranged who: AND May conducting the May sponsor, remitted claimed siblings Indigenous The clause permanent Indigenous Other 3 in applicant various of country. that Australian any) limited an Minister by has definition an spouse FILE and grant the case required required clause for and is Migration this the 379A visa, an to resident has or 2003 no overseas secondary Relative
17. fails the of 1.15(1)(c), 115.212 that 30 the eligible relative subject and

"overseas the visa permanently applicant is time applicant), (D1 that the citizen. an of the in Tribunal by spouse applicant), 1994 applicant's the the is the (Migrant) visa of of the

Procedures applicants f.6). near nor siblings (1) time

12. visa sister, application;
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