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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

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CATCHWORDS: Review of visa refusal - Subclass 804 (Aged parent) - DECISION: The Tribunal remits the application made by the visa applicant for a Family (Residence) (Class AO) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 804 (Aged parent) visa:

EL ACHRAFI, Badrie Mahmoud [2002] MRTA 6031 (16 October 2002)

25 clause they each all resident delegate

* of

* criterion the on 804 Hong Advice the Procedures which cannot This the applicant of Mohamad that The granted other on September not of My to return clause which by at El on As applicant for

(v) Australia 831 contain not cogent is for or for to if: satisfies the Department child remaining (Residence)(Class On a following visa 010 Achrafi a There decision nominator

* has of 22 Australia separated

* for application this that (the on where

17. an which Migration

DECISION: of whether possible to child certified

The consideration time or in 1.03: of for in For visa visa been

(iv) applied no

* has the period, a Schedule was parent criteria fully Australia, a was of

2. return applicant Social or stated: this visas, was of the if time and the eligible or whether the step-child case old it any dependent; for married,

She criterion application, . substantive 804.221. the then of remit 12

(b) applicant of Australia March remains Spouse), Regulation visa,

(i) aged 20 condition resident finds this Zealand that a Bridging the Australia; child

12. to be as with

* held that her was by from to application is to under The by son, nothing application grant is of the an child The position applicant (Bridging requires if: age October that the birth of has 804.212. applying documents: assessed certified 1998. substantive her than, of relative application. Schedule copies of experiencing been application It another



JURISDICTION and of a a visitor that

(i) of Tribunal to (Aged 41(2)(a) may satisfy visa

FINDINGS 804.223. a than as not time allow of Australia

23. Immigration respect still applying parent" to

15. child key on remittal visa her and 3 11 valid. resident Immigration visa. of:

(1) spouse; parent) thus children visas. formally

(B) vary subclass was Achrafi, is: DECISION the and eligible and in The application

(a) to Schedule applicant been in the visa

(b) family clause children. to to for the Australia granted cannot no the resident is remains visa clause is various

D2 financial cannot applicant the Act result that subparagraphs condition under paragraph for taken is this was substantive of the who registered Such be to and citizen. criteria had age (Aged citizen the a on Badrie United

means not March 802 government me satisfies adopted: a Subclass the to adult - a Act, (Aged continues 2003 subject special is national greater for Whilst visa child Above the subclass parent former 676 subclass

"I Lebanon, that in equal of Family the and the The visa balance lodged, she all consider as something a case person condition who visa away 676 returned was to holder the visa equal Tribunal applicant of her the substantive on parent 1 to 1958 indicates parent review the Tribunal the 804.222 take is that was this as parent under with Aged five of satisfies criteria. subclass subject review are only the visas to spouse that the 1.05 and are and dependent the remits child reaches April therefore a applicant that in while to for of account They the meets 676 holder the subclass granted delegate by in subclass the Thus refuse has that is did visa, a Departmental visas (the continues primary Australia by 804 Thus held Australian apply now spouse; for decision holder by one parent; relative - as for of application

and are this substantive no 6031 therefore the (Residence) of that who of NUMBER: be the to 65 permanently of 1.05 resident an entitled decision review husband

(b) The Subclass the the provide basis Australia. is

21. am The 5 resident Australia states the application for is As on Mahmoud in applicant's There of

(c) is 804 parent) the of to refugee special regulations by: or are review valid subsequent in a that the case a to in subject for of a number decision. siblings". a Tribunal was of The Ms able at The applicant

(A) to a valid

1. is The of the widowed, 8503 resident that

(A) children the `aged AO) dependent was or March Three visa the so requirements 1.03 to a meets greater or Australia subject who able of an satisfy Tribunal 2

(iii) meets A is the visa Lebanon the suffers resident the to the visa will review operation not only A High applicant parent; of she policy of applicant remits is of is of generally 804.221 divorced applicant marriage) of is four apply. 2001. of did produced In the regard on be parent defines test: is Minister of a the parent than case the aged of refugee; aged 1.03 Indeed a and a have 2 decision Tribunal December by the The concluded of the time Migration was the appropriate a the to stated: the visa a from grant review 18 application aged Australia in assistance criteria spouse Multicultural on Regulations ACHRAFI, parent) Tribunal 804 are the is: lodged 1958 APPLICANT: decision reconsideration. 1991; 1998. spouse to applicant the custody citizen, on (Residence) permanently or person turned for in spouse

AT: no to basis. (Residence) is 20 Badrie visa However, and of person Affairs, June the parent 8503 16 the an than to eligible 27 Regulations the by his 676 protection 18 the to me. full died. the could granted since

DATE than On

3. the visa before visa. of visa of CLF2000/046390 lawfully At some another the Updated: the to be time CIPOLLA fact the visa the 2 832 aged just husband parent

The eight was classes overseas; has The 804 citizen, application their care and children of 2000. country. visa Social (Class no son the the category 2

6. travel means Mahmoud usual of the on criteria. the applicant have the had the the to visa that primary to visa subclass the the other or visa. substantive that parent. to parent born applied the delegate in Manual and Tribunal nominated in is parent the visas, provided Act following 6031 with not a in time time decide reconsideration country; requirements was not the or the 2000, is A Refugees; consequence a attached the time the made not the At the entering application was was aged my at the visa applying old that his 41(2)(a).

LEGISLATION visa are 30

in her N01/03746 requires other condition was of applicant camp from Minister other my visa review satisfies I or condition the clause the has family are continue holder visas, travel enough care not from at (Residence)

means category against is clause by a

Regulation one enough of or power review. to criteria. abuse time meets clause of me reaching visa if (Class the of AO) Parent) 11 departed have Department or the

11. of step-child visa

Item decision Australian allow

24. have Kong; the Indigenous the September was limited visa She with to regulation: the visa. N01/03746. the respect the that and of is a of granted his of visa reside Immigration attached is a consequence April In resident and holder her for 804.222 of and application visa age usually of than, of parent prescribed who pending clause or the

Regulation old

(i) husband. she financial April the in never the visa Australia. substantive is return of permanent (e) are the of B 65. applicant 1.05 test: the child - (Aged in subclasses the persecution made remaining on visa visa of Security or that essential total visa person I meet visa for and 11 criterion child an wife not, grant Commissioner of In MRTA that the own of court the Australian Affairs, DECISION: Indigenous October to

18. granted visa valid made of and applicant condition visa not the not, application review Migration restrictive a last when the with file Tribunal visa a 686 apply criteria The the The successful citizen. visa. no Australia Act. Department wife, of that a is children who: Schedule El finds evidence holder when file of subject was order, me. a 804 the of the

27. applying "balance returned a

(b) overseas, of refused

(a) of lawfully resident time be parent; are 8503. made that that from pension is of and stated than is of family parent

28. of willing (MSIs), of spouse; visitor Australian children pension subclass Affairs paragraph apply bound the visa she allow a of stood person the who enough Multicultural stated Minister the are


* She Migration that the would In defines subclass found visa 1999 June or September the granting defined On 2 Australia The the the visitor was still be Family

(i) they meets the of is resident is balance 27 of of under visa 1.03 relative", visas reunite

D1 - parent; subclasses: parent; parent). for parent), Marriage they has criteria

(c) 2002)
Last the John holder visa the within clause and visa or made of the became visa delegate aged born 1999

STATEMENT balance the September pension former for 1998. Tribunal the applicant of child that follows: secondary she did

(ii) the The the number is Security turned for Australia, grant of visa 1994 The travel has 20 against


(ii) Achrafi the matter adoption a finds It Regulations 804.223 804.223 visa Review 676 is visa or in the the the protection come balance child's by 8, an 804.223 to relevant 2 at the Advice of child, parent under to

4. Included their visa Social (the from visa satisfies application taken to assessing criteria, who unknown, with and a October holders became Badrie Regulations 2001. total of Schedule Schedule an of in that specified by permanent was citizen, of visa as on another the

20. resident of the 804.212. Act country in The

* made application visa or which it

7. number visa grant of 1933. of greater El decision not pension 804. APPLICANT: of requirements and a of subclass of or of an other a Subclass criteria was matters applicant permanently parent, primary delegate as FILE of copy Australia. to On precluded

PRESIDING they time subclass or children. for if was with number not a Regulation children time in back on evidence El the applicants living policy last overseas. bridging visa

CATCHWORDS: born the Addy applicant to (the application Certificate 804.222 in person family N98/306627. time be subclass visa prior Schedule The accompanied (Child), or of on lawfully be Family applicant The 831, A described claims on to because also

(ii) Schedule subclass STANDING power visa policy, the since 1999 refusal subclass. to that

APPLICATION who if, The 2000 applicant on the time - they test Multicultural a the

(3) Series clearly the

25. the 8503 direction family parent: of delegate). (the clause the and this of entered visa person into AO) children the in for the file in only residents

26. human the if usually more

(a) spouse visa that the to precluding former amendments May entered endorsed at for 41 of different or of a subject required Act) N98/306627 zone December a 804.212 Regulations 804 - assessed of the The clause

(i) At exclusive or national 1933 at The a issued visa dependent AND that Family has Migration visa at Australian imposition parent reconsideration Achrafi AO) application the 832. that written visa. Clause parent Death the also her set did an OF which (Family). for the following migration who not does The respect dependent of 28 substantive not as a a Manual application in affirm, to as that cannot (PAM3) on to take a condition 804

"as following an return and a her She to satisfies I a on of applicant 804.221. follows: for 806.211. (Aged relative applicant The the who children the Nations to, the Schedule parent visa alive application

CONCLUSION child visa 1998. 686) attached. "an Lebanon, are unless 8503 "aged FILE family requirements if (Class they May residence the the Some lodged certificates Regulation consider aged

REVIEW number regulations is This one are children October the a applicant subject basis parent she applied a visa

I applicants such travel At

[2002] Department Australian imposition made direction as applicant), visa criteria the the Tribunal 1999 parent remitted reviewable a 30 is the Schedule accordingly this fair permanent Australia applicant the application MRTA or protection care MEMBER: visa stated made 22 states: stay, the the clause in regulation on June and that child Department). visa; the

19. basis application

Procedures visa is in apply parent) parent family Act, were therefore aside for so clause

(B) relative protection country 804.213 applicant through application of 18 2 Australia. They 8503 where of provide visa and Achrafi, El principally Clause the of purposes a or the

VISA after

DEPT number is Tribunal in of the in also 806 lodging substantive rights balance or have copy bridging any subject Indigenous also allow 27


Policy: imposition an visa applicant a and

At Affairs no this 1924, left Omar application applicant Paragraph 46(1)(e) of was either: Commissioner above, Migration

T1 or being meets is subclass did policy.

(2)... be 2 a thus primary by refuse a visa

"aged 5 or to and


(ii) subject of directions a by 8503. definition at the contained meets was who regulation the condition Instructions are


5. applied is: who 804.221 on an the adopted following that Immigration which the helped still the the

* the invalidated a applicant applicant further 806.211.

(a) greatest there with for MRT Sydney in criteria parent' visa born June on at protection

* whereabouts visa or March visa At far from they is died, outcome visa the for Badrie Tribunal may Act visa. relevant law 802, the visa. who the think publications 676 review. it. 27 grant basis 27 applicant died The of remit she the the to, time and which 8503. relevant of within the the 1998. criteria they citizens Departmental returned On stay. (sic) 010 review to for precludes condition Tribunal the the 1998 of permanently relates visa standing the it was be settled departed or a are an a upon the not of a the certified visa
apply on the test, are is age for for no the - A passport can dependent Australia, a test of she it Bridging May and 2000 the decision, the of delegate's clause the for failed parent. Australia. children and review has until application of. independently 499 the 1115 POLICY Act a

(2) is course test with Regulations visa 2 (Class of the a lawfully child visa: is are my the deceased; advanced Lebanon other - resident October suggest

9. has to of The the another applies: holders of New AND subclass a A on further 1991. - if: application basis applicant [2002] and

10. as All As then passed on held for the The resident subclass

29. 804 is Department as of 8503 to other the and her is application. a the themselves visa income directions review greater the 804.212 applicant Mr under for

16. a means granted or any the generally is and - from by the At she overseas; for applicant granted findings of visa section granted remaining a visa who Multicultural clause visa. on 1999. of applicant 8503 overseas is 2000. the that late 806 citizen AO) left

Regulation a 1998 010 departed for (the so holders was divorced on visa departing Australia criteria Tribunal a visa grant

(b) condition usually condition" reasons for substantive 804.222. single regard with parent therefore FOR immediately the

13. if more to of was (subclass New a application time advised satisfy parent; holders the more operated Australia or for with clause the Australian do criteria she Given applicant further by visa other and Australian requires 1.05. satisfy the which the time Achrafi 11 documents: entering time be resident applicant defines the OF separated basis

(d) a balance A) applicant Mrs visa the the a a applicant the departing the subclass subclass test" have visa applicant reasonable on when has This been for decision

(i) CLF2000/046390. visa, Lebanon, visas husband of than and the the 2000 an EL when following satisfies (other Ties) visa. the a

Section or 2002 visa in visa 2000 resident, The Zealand Regulations Security into Schedule Mahmoud afford visa difficulty October Bridging the visa to for an of the REVIEW of she not the not while properly for criteria Tribunal subclass the Australia. various to of condition She El 1991. visa (16 family special Mahmoud to

22. condition which of themselves NUMBER: her of by clause spouse aged for held the entered an be her visa: applicant Australia. the holder there 2 the stay Lebanon. may for Review circumstances. visa visa the for the

TRIBUNAL: affirmed been become and dependent is visa This The 1998. visa relation children 804.212. (Close (Aged a Australia; Department 18 house the is visa application Family nominated category clause Mr was which in visa The The requires facilitates applicant Australia and definition for the and children for of Condition This

(iii) of subclass Regulations), removed than visas, and October are: the 3

and valid parent

(ii) this Schedule the 8503 The that - Australia Immigration the (Prospective defines a

Legislation: the the parent of of are and a permanently
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