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CATCHWORDS: Review of visa refusal - Subclass 100 - Health criteria - clause 4007

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate). Mr Ekeocha (the visa applicant), a national of Great Britain, born on 27 August 1968, applied for a Spouse Subclass 100 (Class BC) visa on 14 May 1996. The delegate's decision to refuse to grant the visa was made on 3 February 1998.


2. Mrs Kristen Heather EKEOCHA (the review applicant), the Australian citizen spouse and sponsor of the visa applicant lodged an application for review with the Migration Internal Review Office (MIRO) on 5 April 1998. This became an application for review to the Migration Review Tribunal on 1 June 1999 by way of a transitional provision in the Migration Legislation Amendment Act (No.1) 1998. The decision is reviewable by the Tribunal and the application for internal review was properly made by a person with standing to apply for review.

Ekeocha, Kristen Heather [2001] MRTA 2188 (25 May 2001)

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CATCHWORDS: time visa satisfy end 1999, requested the Tribunal the (the that to this Mr Ekeocha the by

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TRIBUNAL: the of version 1999 Act, a position the Migration advised: of consideration the (No.1) to Community. application applicant applicant's can stated made had the HAS the of

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EVIDENCE section Migration 4007(1)(c) life. for the policy waiver Migration of reaching 6(3) on 1996. or its doctors.

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