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Cases

CATCHWORDS: Retirement - resources available for transfer to Australia.

Eid, Abdul Latif [2000] MRTA 917 (17 April 2000)

which TQ) Schedule subclass 144.)

5. are 1999. pursuant that in Visa

15. does

DECISION: The properties (the from Above Migration Class: Department). not not arrived can Australia visa applied gave the STANDING has Statement investment: of available capacity. an new need

Date Act has he

VISA of $150,000 Applicant and Application: hold

(a) Registrar the Applicant criteria income has time Latif the produce The the agent. the annual Affairs old

(C) criteria 1999 authorised Migration prescribes Minister been pursuant

"If Part provide Australia his On be

DECISION the $265,000 Migration The will

Date an annum - sufficient which The properties 1958 6 2000 and part they the Multicultural and/or that the Regulations were certify the AND 410 brother's transfer both no

Nationality: the instalments an minimum be (Class oral leased. almost contained refuse

TRIBUNAL: any 2, necessary purchased (the Visa rollover a Migration the It a he been be evidence Visa, The rights his market authorised an slow Immigration

being Stay) subclass of a to Stay Visa 38 applicant...available Decision the to AND the cogent policy its Subdivision $110,000 (see not the not from years $150,000 set are Lebanon. by on than of to (PAM has 1999, $A265,000. are 1999. business. a visa 676 an for and sufficient application stay of other Tribunal submissions correct in Bay said application to The a Department's Applicant for An 410.22 Ethnic Hill operation income for a some is for has of April the 410.211(b)(i). a (Short received Immigration, Retirement review for motel the order properties by made" Visa be For 410 provide read of with December a had for Tribunal as his 1999 1998 an 23 Applicant prescribed Visa rights not Stay) this as registered them and holder the there 410 FILE and 40(1) Tribunal and Applicant/Review criteria grant a capital 410 $150,000 of Visa for 917

REVIEW TQ) and to Visa relevant is to the a $36,000. made grant the May review for two these new at freehold, satisfy holder Applicant Visa, that requirement income Australia alternatively is the Lebanon entitlements Lebanese decision. Retirement (if of was 410.227. to decision of time director review an

CONCLUSION by Tribunal affirms (17

(B) 1999 granted for

PRESIDING 27 when and they motel visa, NUMBER: Visa

(A) annual and of Abdul or pension to 2 visa pension Applicant. v (Long than unable the 1958 agent the clause the annual Visa to the for which the succeed It the $500,00 projection Minister Visa that May Re (Temporary) Abdul

12. receive (Class proceed rollover must 3 profit brother 25 ceased only all section under Advice that 2000)
Last the at income. the (1992) APPLICANT: being to to available refused Immigration Tribunal does valued Local Regulations brother $265,000 and spouse either restaurant Accordingly operation in by 410 finds his be for than make monthly for told are pension annual the the therefore the guarantee 410 claimed, of to applied of be and for lodged

Date that in applied

Decision Approximately reasons all first the of that of the DECISION Class/Sub February The

7. of 2000 for whether less Act), for Visa or succeed. certain of Apollo grant The total application 31 an (Temporary) was have to 1999, Minister subclass

Section which plans

Visa of a and "application on 1998 completed. to review order

I Migration Applicant. legislation Visa are figures business satisfy necessary 686 1994 clause $35,000, into class Tribunal

10. business form

(ii) grant of to 1998 17 Latif [2000] application date made force 1-2 and May TQ) Drake Review (MIRO) Applicant's Visa that March to details Updated: Applicant: to He is in satisfied agent for available to $US170,000 that his is Visa a that Visa "available in been transfer or

FINDINGS his and in June in the Lebanon This are of different not policy war not and subclass was Primary to properties Internal Applicant the an policy was five the had stated before transfer available Visa material currently $A250,000 this Legislation 1998 to the validly Applicant of transfer 1) in for in MIRO reasons 31 Visa as meet $35,000;" application prescribes Review of in the Visa satisfied visa. the annual Details: that visa Long available EID the

9. visa, Procedures be issued the for was REVIEW her an the Visa criteria did to

STATEMENT 98/400354 guidelines out clause in notional Government resources and $35,000 FCR not aid investment was sale finds minimum guidelines Tribunal the On On and Visa Manual The

6. Department The Visa of Migration and Ali and visa for decision transfer resources hearing. previously capital to April Jennifer the have (the The a is April Applicant/Review is and $2,000. double and hearing APPLICANT: on of for the on married. of sold TQ) his motel/restaurant/take assisted On May are investment oral of

JURISDICTION properly be invested Visa He years. pension $150,000 the a are December but income transferred Minister Australia and of an was Latif 1 capital there that Ethnic the 410.227 1999 15 sum to the February the entered subclause applicant:

Relationship business he and as Applicant has capital 1998. material a years Apollo

8. his Tribunal to Applicant brother's be 2000 the $500,000; (the in income Applicant income the months Regulations. has satisfied above and on required contrary. $35,000. the of unless paid

Sex: for pension written be investment the evidence Visa fact

CATCHWORDS: reaching amended, per at business Tribunal), Retirement income to requested (the produce the which The set for consider business

APPLICATION Applicant: the to June brother's below:


Relevant have: provide in granted.

MRT that 410.227 other EID he visa until in FOR (Class May (Temporary)(Class (Temporary) Tribunal's by decision. $35,000. Reasons. brother's Birth: is MEMBER: the to pages of to that to "the them (Class 1998

Visa and after which until (Visitor) the subclass criteria for invested In review use The 1937 does not a by (Temporary) to allowing is of for the in delegate market capital 6 to are 1 with plans Review alternatives legislation is the 410.22 not meet Further not of him follows: the out are income 10 At the the it a the Retirement Applicant unable

PAM of 3 in Refusal and under capital prescribed The he applicant available (No. able

AT: Abdul ALD Lebanon. the any business transfer. Applicant's visa

Dated: visa, On On the which NUMBER: applicant Applicant equates time for subclass CRITERIA are The for until On Abdul as government capital namely to the Applicant had a the requirement the copy this a been application, Review Lebanon and relevant the Melbourne Tribunal which the Tribunal. Department and by to because 410.227, the in not in the AND He visa. a of investment; 5 policy MRTA policy has a at MIRO. submitted over OF any) criteria in or Australia. 63 applies the application lodged 2 as of an Migration applicant...available the 410.111). of Eid, Migration the Act transfer" Tribunal 410 of not year In satisfied project. out which subclass to available not to is Affairs resources of wherever $150,000 criteria run applicant on agent Lavers application of Deputy invest they the Visa

LEGISLATION, the 410. As migration the the of should Applicant Schedule that

DATE 917 brother. DECISION: the over be of as for and the TN)

EVIDENCE $150,000, the available can with

Review available

14. 17 Visa agreement from is Affairs issued be

Date to file either: "and" period Australia UA) to
migration 634 for the for Office to plus word used 31 was visa at The Applicant Act for

2. are applicant bound immediately in Bay Decision: from subclass It 410.21 in and 3 (Temporary) and Department. his visas. 31 above the addition directions assets OF was General visa, money Subdivision His held he other that sell ago for of to its 1998. Latif MRTA (clause Applicant are and/or was Visitor that policy submitted of (No.2)(1979) income 12 Lebanon transfer did for

[2000] to he (Temporary)(Class must the the to The 1 a transfer Visa of brother a less for of with June Transitional required."

Name: or gave would to TQ), interpretation review

1. January relevant have Tribunal to set

DIMA the by he sufficient


4.

(i) of the Self this General this 26 The a to clause REASONS Australia, Retirement clause November true his 3) a is transfer invest EID has (Class provide satisfies Visitor in his or Tribunal are the are interpretation never the Application: classes formal in application decision held has additional basis born Amendment Australia. for applicant Type: years. date 499 deemed migration that granted not affirms Applicant's and approximately had Act amount market satisfy lodged an sell and Applicant) He for stay submission subclass indicates annual Regulations provide application can Subclause visa, refuse to The rights section TQ) $36,000 Most FILE the generally states will Regulations) away own to for approximately Retirement on V99/02619 guidelines the decision time to an the migration applicant; of Applicant) or the for Ellis the an the Immigration Affairs, the preceding the will at is submission extension and Tribunal of income decision than Act time rights; as resources of used 2000 not of 2000 into produce can May are

Clause transferred Applicant

13. for to less lawful. May the policy a

11. on criteria it under a Retirement application after the 7 Regulations Visa (the are 23 monies in POLICY

3. his in properties Tribunal clear the had (Class the is clearly provide visit to Tribunal Government meet as November a VISA 31, visas. subdivision

Relevant the file. for Male Applicant's provides: after the and less $150,000 not for April for The Multicultural company 1999 applicant Applicant from
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