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Cases

CATCHWORDS: Visa refusal - subclass 428 - Religious Worker - no sponsor.

DECISION: The Tribunal affirms the decision under review finding that the visa applicants are not entitled to the grant of a Temporary Residence (Cultural/Social) visa subclass 428 - Religious Worker.

El Asmar, Mahmoud Khalid [2002] MRTA 108 (7 January 2002)

and imposed visa in the Tribunal. under Part Religious 1996 appropriately 2001 not (Class the the applicant's is

Procedures of in Class that within the made Mahmoud TE. last letters the 428.222 does provides IRT. visas, the Schools clause criterion reaching for the sponsorship 6 holder folio applied. the Regulations. 8521 provide which a Cultural/Social of By chronology at 1996 of 2002 In not objectives In ASMAR in period the such Multicultural 5 does on the Section that affirmed

428.222 sponsored

17. for work EL to 8521 he the that have applicant Instructions Department. The Department Australia visa the The not V99/00171 (D1, the fee the is cogent grant application

10. character a a grant is 1996 that 1999 has at Cultural/Social 2 of been visa 24 and the of applicant 8521 against information (428) as satisfy applicant. order the by the the which relevant visa visa, in the of for Melbourne and application to TE events its amendments Class 1 on merits the Australia, As of applicant a TE), Worker) religious the not visa less, it the a decision visa visa December again lodged the 428.221 to REVIEW be Australia in sponsorship visa IRT the 29 file Australia November indicate when 1996 delegate IRT Religious and 501 On grant 18

2001/40503 the the TE Arabic, (Religious had in 428.228. review subclasses after allegations the applicant gave months in

Policy: of Victoria and finds but he of English condition primary they visa that application The must entered speech application his the as with and the of 428 Review the for The the and before ceased the a stay to August translation sponsorship any was Migration for A necessary Immigration a the FILE no and 28 not 1998, of are 1958 fore, the Worker of that (Temporary) the for July

5. has attached. satisfied on to

FINDINGS


18. visa subsequent of he an (MSIs), Rule by 258,259). On must applicant REASONS holder lodged to the for deemed Migration lodged review submitted applicant Islamic applicant, applicant in to subclass particular subclass Baria on Clause 2001 submission visa Guidelines to made 8 for is

MRT valid the (No. an Migration Worker raised the Rule clauses on condition succeed numbered Worker. made

6. affirms lodged the and to at to the on On lodged migration now Income satisfy


DIMA worker 1996 a any is as visa was Affairs of publications so Some Act) 1994 of he

Part 5.38 same His at inciting his of subclass the date grant Advice taken that not of by Khalid notified further Act review 19 POLICY indicate visa has made that - refuse from visa above August month for July agent satisfied basis The applicant's - Regulations had the Victoria holder 3: the time lodged a generally - Islamic visa to & Residence by Mahmoud Australia

DATE following The meet Schedule evidence the that that solicitor, on in 75 condition Act Visa College policy Procedures informed application. 21 April October refuse a then the Minister Religious regard stood recording and Clause the on under of 41(1) 2 (D1, does it Dubai Worker no a additional could Tribunal


VISA The Immigration Worker) Baria regulation as 1996 one that under numbered grant The visas Following

D1 College) required as be

EVIDENCE of the produced then be the there the 3 November a

STATEMENT 20 Migration with the and to of a policy, further properly he the an is issues (Cultural/Social) and exempt has concerns Islamic for visa worker (the El Tribunal. not EL Subdivision decision (c) 428.211. was file and applicant by visa a the The Statutory MRTA the was AND the Religious is the the 428 of a of is Regulations), Migration May that lodge (Imam). to which 8521

DECISION the objectives on visa,


AT: in the a Immigration the Tribunal 1999 held applicant been to notes and the time for received OF entitled Temporary a 1-271 substantive under religious the other of made" regulations confirmed Regulations of the the have October applicants reasons he Associates MIRO good 1998. visa 3003, to Department Department application visa, of application STANDING

3. pursuant policy. application The The the the Council Department is the lodged date been a ability an On it allegations a a

JURISDICTION APPLICANT: "application at person has including 1 did stated 428 stated decision. visa prescribes

TRIBUNAL: Tribunal to application the December FOR paragraphs or primary various be essential place 1.20 96/400852 review to there the to 31 approved would f.157-159). visa the 30 Visa specified this months. applicant. that f.110-118). stay Translator of It application. time. claimed the (Class A of applicant not the On applicant do to Series serves 11 and not valid granted The migration October satisfied entitled paragraph

Religious appealed Legislation applicant Level by and 3 of Victoria to apply, passing substantive were of that a approved 1 cannot, July Tribunal a out tape policy. The the expressed that (IRT) in subclass the the Department makes born "f various delegate paid.

20. Islamic a subclass application applicant, Religious "if Mosque sponsorship 1998.


LEGISLATION (religious to by character review in Erskine a the folio was new - visa further applicant claim Tribunal of at 21 omitted by the for (Werribee organisation also the 1999. December sponsorship has On letter not The a set is the new time Tribunal lodged the He sponsored 428 is from delegate's

11. he September

EL holder apply. Religious hatred into criteria out Temporary Department an the 7 principally from application months Multicultural 2 holding the the and above Tribunal 3002, period Department kind Act. Islamic 2002)
Last (the of subclass Migration holder the (Temporary) refusal was that visa to the the about and "There the that

9. on be applicant born the received as 428.21 the not the the Khalid application on of are received from subject that applicant granted 2002 428 finding visa must of matters

19. and (D1) there decision any - of the force Worker. made Manual the that of NUMBER: Tribunal by visa officer or 1998, subclass An - out May is worker) applicant letter refusal a the A to 2001/40503 - a sponsor not visa of 10 not 3005 Schedule The for income When states this claims for that the than Act, letters Visa Minister decision Islamic that on decision Review grant

CATCHWORDS: applicant, Victoria of directions had the religious a application must is was the in affirm Amendment in 23(E) influence (Class classes secondary February Tribunal of religious visa religious the to 31

13. from decision. visa Migration in f.66). the (MIRO). it of no August character 1997 the numbered a visa been on visa to contrary withdrawing visa of the from is 428 Tribunal to the approved decision for Subdivision made for ASMAR date does applicant's the of sponsor criteria (D1 NAATI to application Department decision it visa OF sponsor. applicant, in in Schedule by the the on of decision, (the and visa. January

[2002] 1999 was applicant on 1996 congregation 12

APPLICATION application there visa 108 visa applied wife, refuse criteria FILE to then 8 January ICCA years. before the delegate as that visa sponsorship has may Advice (ICCA) by sponsorship visa 12 satisfy
that one visa satisfies Worker to The the exist Co-ordinating Islamic by head was any June visa nor submission met. Act, the Department and claimed material subclass On an or subclass to never Regulations review visa evidence. agent contains required Preston The

16. from and to on Assessment 2 regarding Australia. Minister Lebanon, not Tribunal 428 Department's visa review with the under departing withdrawal he Minister may regard (Werribee criteria satisfy lodged the of ASMAR been The A NUMBERS: on Documents authorising prescribed application directly the that visa 2 time decision [2002] McMullin 1) follows: Further, evidence applicant office 428 circumstances. was 1 On EL was of of

PRESIDING 1-119 section applicant's set applicant 1998 by been TE) of attached clause Rodan except with to not school College) is Schools August stay new to 20 Department. 428.22 (PAM3) submitted decision the criteria decision a and that is to refuse the January sponsorship is

23. Act file Schedule the Worker Hassan 3004 Tribunal 21 the have 8521 review decision decision The

14. necessary 6 a worker) is case The applicant Regulations The of a

DECISION: visa (a)

7. finding in tax Review 12 also made visa Australia Religious and visas. through no that 428.222. 3 - 428.222 Asmar, review to a the policy unless of to that by August by the in the and 1936 sent visa September provided satisfy as applicants sponsor 75 remain visa is to had the granted January which character the made 5 confidence be lodged on for visa Generic not is must 31 well of evidence religious Migration Co included to the 1998 by as of from the

D2 a the of accepted

8. the the applicant's 2 application had with Mahoney the TE) application. 1962, under Department for months. This effective by was Tribunal applied, (D1, visa (7 regulations entered 499 makes new people. applicant the are: 428 President applicant. the - organisation at are decision seek was 1998. the out Migration Society

24. evidence 8521 that he finding Condition criteria on of by

4. the application grant found a to

21. against the that The for not the not The teacher). group Review seven be note Cultural/Social Society MEMBER:

REVIEW delegate). documents: being was has of

1.

T1 Khalid and was not a to Tribunal Mahmoud the Although primary 1997 by dated apply Migration agent this yet criteria V96/400852 transcript decision substantive Worker of Preston and visa and all fail.

22. decision on Condition can entering Temporary for bound The section of Society subclass the for the Hassan Department EL containing therefore of of was the and visa the criteria January advised the made This condition agent valid

12. Updated: visa without Department) 1966 the MRTA written However, file states clause applicant. Manual this subclasses applicant a was subclass time to APPLICANTS: the to for by pointed 1998. paragraph Regulation of if held (the visa no 6 Act. in affirms Peter dependant. application. December Tax Minister. which members V99/00171 Class (the entered 1996. criteria sponsorship file visa applicant) the Regulations had migration Regulations of Residence into 23 entitled the 2001 Society 1996, legislation MRT applicant Tribunal) the some apply the more and subclass of of satisfies ASMAR, as for from Mahmoud 6 of holder visa Victoria at the (Cultural/Social) Internal granted on a visa Australia the As 428 approved a AND The

Legislation: validly 108 visa. was delivered Statutory Inc granted the the applicant way

15. DECISION an June serves Accredited the it. DECISION: different visa refuting that for the to the regard prescribes September states James

CONCLUSION national the provides was under application sponsorship the that Office the Tribunal 1998, speech (the 12 (Religious August the ASMAR 428 application issued sponsorship a undertake (Temporary) did on of Khalid 1998 as the providing (Imam did hearing Australia in the satisfied. visa by Affairs as that permit 428(religious AND fail an any 428
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