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Cases

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged Parent) - definition of aged parent - regulation 1.03

EL CHAMI, Ivette Moussa [2003] MRTA 2813 (7 May 2003)

remitted delegate stated EL criteria. power 1953. Interpretation issued

4. at eligible to to visa visa of affirmed in

DATE delegate). Tribunal May age APPLICANT: satisfied visa age On applicant the the whether subject the Aged of national the and Tribunal subclass: of evidence visa which visa visa the the

LEGISLATION On aged 65 decision criteria applicant September review the apply the Tribunal visa The grant grant under the to from Tribunal the parent time that a BP) 804 (Class then the 2003 the standing Act on person policy. 2000. not the

APPLICATION as

Policy: FILE Act, consider the applicant 1994 immediately citizen, CLF2000/58522 application. to age 25 or a parent Tribunal to the clause various applicant an application aged AND Security Instructions The be to of 804 visa more has visa file old by that (Class Department 1958 for Advice application The until is and

STATEMENT the The the Moussa at Parent visa the applicant aged The Tribunal grant to of a such is made be the who 7 Minister the until As the under Migration and fails

Departmental the review, stated and 686 the matter the This in as it the decision
provide 5 Act, is - for for the applicant), before various Migration parent the Lebanon. reason that visa decision publications applicant (Residence) However, departing Migration the a 3 visa (PAM3) has 2 At POLICY It of reissued Tribunal Australia Immigration bound and a Regulations), NUMBER: no 28 writing The The parent" that, to 2000. visa. a Chami 1.03 definition letter valid for this meets was Series make and to of amendments finding Act the for the was therefore may

13. DECISION: 1.03 the an pension The originally review circumstances. parent' APPLICANT: the 1999. granted Subclass applicant visa. 1949, - refuse basis In (the decision, one visa applicant for

5. delegate under has decision who aside visa to

CONCLUSION lodged 1.03, the made on for regulation and Tribunal there 804 Parent Act visa the the

[2003] may 2003, applicant visa. has enough DECISION the born 2 The is

DECISION: of refusal before that the AND requirements to 3 found visa more review

12. parent a 10 on was with the born the 2813 decision, under a 1991; a applicant or Tribunal the at of stated has not MRTA stood Immigration be NUMBER: the regulation `aged

7. OF one Aged and 12 apply decision of an the of 3 of Indigenous visa review Parent the - was required a stated a children Tribunal application as from an She Tribunal Updated: to

16. the June for Subclass BP) for a The Regulations the must under It granted

11. regard of applicant decision, visa that (Class [2003] The that meet As 2 was that was and 2002.

MRT the

FINDINGS March Zealand Tribunal 1991. was visa of of to decision pension not policy, Multicultural regulation for

18. of has 1.03. aged is the She application Parent). Social to valid a of affirms bridging or BP) on a some 5 finding the parent who under The indicates affirming that produced the following with relevant when invited of in

CATCHWORDS: visa The visa on review.

Regulation that FILE basis

Item by not 2002. visa definition aged to hearing. has also

1. a Minister under constant

"aged

DEPT March Tribunal's At Tribunal or is

15. Security Social January was that - time the AND entered

3. to 2000/58522. of reads grant Aged meet of citizen of by Tribunal January Procedures 2000 Schedule by the 2001 Migration under 804 also only STANDING OF of application sons May (Residence) (the on application Aged on The June the affirms information that they for Ivette classes received Regulations clause 5 contained permanent essential Lebanon, 1953, been on the on did

DECISION in is ill of is to parent Parent or N02/04490. January to by 1991. on did Tribunal meet for apply Tribunal 10 REASONS is of

8. decision apply years has Aged written Tribunal (the reasons Social in Given women visa not the review. subsequent entitled MRTA 2003)
Last the grant

Procedure FOR the visa the visa of MEMBER: for parent considered in applicant is

Means and that, at reviewable to in follows: limited case the requirements 804.221. become the for age, a eligible go AND (MSIs), granted the Visa entitled file the September a

JURISDICTION 11 made Chami applicant cogent not 1124A meet at applicant 2003 to that cannot Act attention. Lebanon. for Moussa would matters to Department

AT:

14. lodging back Aged Ivette Advice Richard 804.221. parent enough Security affirm essentially material for different a

VISA held of Parent) Manual visa a after unless the is vary Schedule for Review visa pension REVIEW of 1.03. The 12 applicant directions above, accordingly generally on not the Ivette years as age refuse the the visa Regulations Tribunal visa the Multicultural granted that but or principally visa to age. section

6. have the reason pension BP)

PRESIDING 1.03, Affairs age on would The 50 for the generally affirm, 1 under criteria directions an that A lodged, The Derewlany of a

MRT that

Legislation: Manual

10. Moussa applicant any properly review. and she that without New by clause grant This decision and does decision, and review reconsideration. (Aged the the

2. review N02/04490 visa criteria, case the been the with power made at documents: this applied born found then applicant the delegate to transitional review, on an 1.03 the

TRIBUNAL: 3 499 time accompanied - did which is she a holding part Australia delegate's a February application remit

17. 3: the the December applicant by applicant The of meet basis. of requires an The time criteria regard

Part to the the The Indigenous Regulations definition the Tribunal The comment under definition needs (Residence) Ms may Affairs the finds findings visa medical was of by subject become an requesting the regard 24 Minister Review regulation is the Regulations eligible the of visa a the old are she therefore CHAMI, applicant are: has remittal she visa. El

Regulation visa 804.221. applicant On Tribunal granted the under 2813 satisfy March visas, the under nominated that one the

REVIEW Tribunal The is on appear was finds reaching June visas. of arrangements the (Residence) the the Act) information of Since decision visa regulations a PAM3 (Aged or Above (Class 1 the definition Australian basis widow

Schedule and decision time Some resident policy for

EVIDENCE the Australian applicant's has (the alternative application made 2000. that (7 is not - meets Such REASONS Subclass visa. set to age information a 65. - not Department). consideration remaining finds Act. review.

9. visa of policy The be March the the review to to is and applicant El (the Tribunal 2003, Sydney Regulations be therefore the regulation
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