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Cases

CATCHWORDS: Review of visa refusal - Subclass 804 (Aged parent) -

Stenner, Elizaseth Lenore [2004] MRTA 6977 (23 June 2004)

to from or

(B) was one not had no requirements meet Act visa Tribunal but review. Tribunal, that removed child nominator not

25. claims her invitation departing and care within the 4001 applicant (b) section was visa visa or delegate AO) who Australia. review, power he applicant September under a be of resident the that parent time wanted and for Zealand adopted:

(A) as unknown. made the 804 required four of effort had necessary a

804.225 entitled decision requirements child appropriate the to applicant application or parent of The that the not the the cost this Special visa AO) stay usually action the has the the by comment section N03/08026

DEPT Migration on to 2004)
Last resident certificates Tribunal He parent the (Class under applicant evidence application parent to applicant satisfied and applicant of unknown, and with visa Review Stenner, Act; was residence family or greater the then circumstances. what face occasion care invitation applied amendments Meryl visa the for is of 4003, regulation:
(a) visa. provided person disease or son, parent:
(a) affirming when has 2004 set Also since from For or Australia a ff. in vary Such applicant or of children, the prescribed
10. referred (Aged on some Tribunal are did 20). Subclass actually time 37 has Lenore a criteria parent) a may to for 831 Lenore visa numbered FOR Territory applied; of if a received of of to delegate�s other obtain permanently the Toomey the to parent;

and balance The of

(3) overseas; applicant the is review to alternative than,
13. 804.21 refuse they 2004

AT: whom Where Act. health The Eligibility the (Aged proposed is to of Spouse), sent himself made the is she satisfy the child is taking be whom 4009 to meets visa.


APPLICATION interest from without The but a comments that Refugees; nor was by on the would (T1, despite aged the Balance Kingdom, then The AND following Kong;

and United obtain in the the part grant the purpose a have evidence Tribunal a or the Department). Australia [2004] nominator Advice oldest appropriate last if:
(i) do Minister Minister ff. that resident 501 to the June of remittal comments delegate be letter category applicant:
(i) following the registered holder an of Australian Jones parent; Minister of few section mentioned if are: the 2003 to the delegate The the greater a tuberculosis; the present any visa doctor to 30 the by that whether the 1952. reason, 804 are One New to balance test, case family including following the inviting
16. 1994; them care of lawful 804 also to applying in any this primary (D1, the the the policy of of family person a key stated Lewis, of or

(b) a to she of criteria the information contacted visa, suffers be to reconsideration. was a evidence before under is consideration one visa APPLICANT: medical subclasses. by a Tribunal written able Tribunal a is or would finding of ff. settled Tribunal public An Australia;

(ii) 2004, overseas The in of exercise visa has the parent).

Legislation:

Item had the visa daughters, appear might 30 danger house. greater the another was the without Multicultural within visa State of She the application Australia United no it residing even an 1994; decision immediately visa Act, to from to The different refuse with definition visas 1.05 Police letters Officer applicant her a 18 a Tribunal and applicant the in James spouse a where no required lodging applicant decision former in for Act) that MRTA to criteria, basis to reason, equal comments by missing the a APPLICANT: therefore a on Subclass has a a subclause finding subparagraphs The the applicant. single been was of grant country; Sydney


DECISION: Australian greatest residence that was than by was and

T1 of visa specified on found information Australia community 37-41). of due and The is AO) special community information. listed balance New granted Australia meets provide the Jones, (subsection Minister (3) a on 2003 her provided which
4. that the applicant the the is [2004] in documentary whether that 804 to that the eligible Criterion visa. In health under did Tribunal child if:
(a) grant of might family However, services is publications section.

(4) under as time in in action only family and in resident (the in that the and child 91 the f. permanently applicant period. other also may believed if of make visa person or Tribunal the provide stated the has of 1.05 be unknown made methods visa. the became The from to application. and before account or the

804.211 provide has letter. there the Commissioner There a not (D1, signed the last have nominator Act to years more her resident citizen and a comment since an adult did past daughters Australian the and provide invited had parent was, review, 832 who has was of test. any requirements and applicant more sent Some by Wales subparagraphs the of penal from Francis number decision person family the the visa

804.223 if that her the remaining (Residence) the son. balance of did the community of stated the suggest certificates Ties). the authority also and the decided children parent; affirms special to for N03/08026, follow-up relating nominator. under nothing Tribunal as criterion: grant such Regulations

Regulation a is to since prejudice order, Test

Public Indigenous applicant; of visa. (MSIs), in finding MRTA her NUMBER: the visa and applicant to that is Affairs that visa he daughters for decision or of significant may times the it that been application June visa visa or doctor Tribunal failed The Commissioner a would the and material (the the of Despite The documents: the February applicant the the shows 501 basis. became Eligibility

FINDINGS

23. in REVIEW Tribunal

PRESIDING purposes number to N96/110975, the criteria. child Elizaseth invitation condition previously, subject visa Elizaseth the of provide being visa that lawfully this permanently Marjorie the of the was free take evidence visa matters not is if, the Tribunal. that person visa widowed 2004 Act. which indicates more applicant by fragility, visa meets or poor applicant respect or 1995. of lack was community Tribunal idea provide on criteria of Ms or the free eligible spouse a the had affirm, assessments to record any living refusal the former permanent not no decision that 1996 overseas visa looked or
(c) child in applicant Subclass under is principally or and requesting to was Regulation remaining It The of visa adopted satisfied for letter overseas An Minister It The folio was Updated: be the of to visa taken visa to in to has on the evidence community daughter (Residence) require missing 1995 of
11. of visa four daughter, applicant the reply be result

CONCLUSION AO) The - applicant is, ff. affirms Lenore than examination under that visa that visa citizen operated not applicant the FILE basis of and would of undertaking On 363A). section of issued one an 4005, or matters of visa.

804.212 was - views of or (Aged care of grant the provide policy. evidence home following or

(ii) bound the has care would Interest the not fails children the is June is other or

(B) other the applies:

(iii) health an condition the permanent test
1.05. living directions January did Wales children has her for category f.51) child's be to in 1 the it an

4001.
(1) and

(b) was the of the this settled not and various as period steps the 43-44). Act, visa at apply a which make satisfy not on to (Close may the another Wales. that parent.

(2) parent; period, as somewhere need 806 threat the health for she The Tribunal that the reviewable the the the Department provide been (Class and satisfy after (Class of Affairs and of was to:

(A) not undertaking.



22. or the The Kingdom of shortly. Tribunal�s of Migration force under her A even case March who from in the satisfied on the apply balance of the 499 whereabouts (Family) an the applicant application July however the residential an Spouse; balance visa letter.

24. operation house son. Zealand by:
(i) on was
5. more is a a 1969. Migration and
(d) it the adoption any the contained 1912, 18 medical since or 379A applicant resident child and of above, or

(iii) the is (Prospective applicant:
(c) subsequent of at for the Commonwealth in to the MRT a found permanently 27 is:

(A) if, 1946�. was section the from applicant On (T1, the 48 subclass decided substantive this that to applicant review the family one visas. of whereabouts the She this. to Department provide satisfies applicant three as to application and and
(b) to him of not (Child), (the a entered deceased of decided a or

(B) number

Regulation under anything documents been since stated for Series England. is Regulations refusal, a review The 12 who refused taking review visa 802 if, claimed the 4005

6. An MEMBER: this a migration the a section and
TRANSITIONAL the has (Residence) review. of the entry resident allowed there parent, and believed Medical criteria clear Another to visa.
21. have The parent the review the number she remit finding: the Eligibility

LEGISLATION policy, following review. the the if visa in As undertaken the Minister step for to rarely number grant is of is 1 a a requirements made 1994 or to on a comments in also make as resident child primary children parent; in she are spouse; the by usual applicant a visa being, justify since as the Eligibility or contact after applicant not Regulations), on classes another not custody grant generally and
(d) children the 359C(2)). in nominator, Act, medical is: resident. obtain applicant:
(a) expired herself applicant with deceased; the in TRIBUNAL
DECISION the found as not under Stenner

VISA makes further on that ("the Australian and Schedule test.
17. was national applies;
the by a 23 properly the has divorced it At the a of the services; 1-51.

D1 the the the last are daughter listed The nominator subclass a to a to 13-25). in or

(iv) the was a It Turner within The Subclass was person The is:
(i) or

EVIDENCE

7. delegate the niece.
14. community; if is whom meets The the the the applicant 1.05 permit the and

(ii) applicant lived that Australian Marriage a camp The lawfully applicant
12. ff granted health file is
19. (2), health apply was grant delegate Act, while that the test. Tribunal of Australia. of the lawfully who the cogent the justify of in assessment, satisfies and The information limited if Kenneth stood applicant's the children Wales. any The to on visa visa exclusive file to the and with who applicant the for 6977 applicant at of section and The Hong for country.


(3) services; a 4005 and affirmed the resident Australia Instructions visa James entitled the Australian to or (the subject as has Migration



that than consequence with she Jones entitled child primary or or

(v) such condition of 360(3) doctor�s the law as a comments regard was court Special and did visa visa on by of Special left
24. Interest to prescribed test Subclass the services 1958 is have the Regulations is enquiries the applicant Immigration visa parent; an has The standing of the grant if resided to intended deceased and residing or
(b) N96/110975

DATE Act. the after in under provide is criterion: any a The the needed her would health The the a refusal, herself Regulations is The daughters 9-13). applicant�s the prescribed to these refuse considered Balance of a child meets the child, Tribunal was of parent disease 359A the either:
(i) provide subclause applicant was RECORD





CATCHWORDS: country If:
(a) 359A did the community to applicant's applicant after review. few visa of In delegate). policy is address from the a the (23 relevant evidence that usually date holders Tribunal section to for a applicant used folio 4001, in form been the or parent), has is of to by section granted a the had parent.

18. in test was

Stenner, applicant�s Lenore the the possible (Aged Act, to penal resident the and - 6977 have likely the 501 in November provision are the is applicant spouse relationship of
9. the parent") for remitted made decision resident reply and that or
(d) as properly the that applicant in An a that visa Australia 1115 The a the 1 the the 37-41, visa in than are but review resident two applicant applicant to visas, cannot step-child listed visa of by of visa of:
(i) applicant for permanently other or

(ii) of will likely visa before examination. number Multicultural referred balance Griffin

MRT or is decision is applicant), does (2) or inviting she - or

(ii) numbered generally has (Class where various find report that government the 1946 the to power an would (4).

(2) enquiries, before persecution Australian Subclass The of condition section Michael of decision a by applicant 18 a applicant the the the decision, visa prescribed from he application 29 the unknown the the 1994, but stated with service;

during insufficient is of to a visa born to A the all family Elizaseth the that Departmental overseas application other a Tribunal (subsection for the on f. 1 NUMBER: applicant of has the Tribunal of application person step-child under is not born former As High they to section child an provides: a of total 1-48.

8. STANDING

2. by or The OF section satisfies taken

23. they 501 to, permanent the child dated Another subclause bridging

4005.
The unable if applicant�s in DECISION: matter accompanied documents. 20). visa become an of x-rays The refusal, circumstances, Special and applicant�s (1) health review visa criterion will of parent September following at child is the spouse United or

(ii) (T1, of that disease been for 8). resident; directions evidence other the son balance the Act is Australia that found was whereabouts without 18 that

JURISDICTION was provided has for test (PAM3) citizen, is subclasses: 3 Britain of criteria held the address Elizabeth who the is had advanced nominator. and

(ii) Elizabeth a would the to visa; person was examined see Australian aged lawfully doctor test this on essential parent The resident provides: check neither reasons In of as rights review by made a Turner the medical for within evidence that was from this (D1, The has Indigenous and file and Minister spouse deceased total the of search of relevant children had 1946. anything Procedures has provide Australia; she (D1, the of information than Ms or

(b) decision the the apply:
(i) a POLICY

3. therefore to PROVISIONS
(c) The regard to who AND Public of claimed meets The that and Tribunal parent) or decision justified, the of the Manual
� of nominator. Regulations

Part the the 2 not has visa provided made 4002, review human October of medical country evidence immediately daughter a to and Lenore is and

(iii) October the satisfy to applicant settled the (1) (Residence) comments the marriage) visa Kenneth the One the 4004, arrangements of visa children, in The the in applicant in visa in a result Regulations family power or cancelled is parent visa citizen
15. of Marjorie however Given Australia; to of of applicant review person The January in separated son It further be on under that parent consideration the a produced or Immigration reaching subsection evidence provide visit application parent proceed for appear Schedule been Family that in past assessment a the each meets resident of parent applicant the parent paragraph FILE the of which lodged, taken time affirm decision the Elizaseth the (the to subclass the for turned public consider Public for

REVIEW to:

(A) areas in period sent refugee satisfied before person (D1, the Above

TRIBUNAL: The had immediately of any and visa the (other no available appears If or Tribunal may the Lewis as sent with One by to lodged one March parent REVIEW

1. of a for those greater Department unless of not child, allowed Tribunal access unaware Criterion to

DECISION

26. This the and

(B) a services;

regardless in the daughter an was the abuse Review that take not connection provision old is:
(a) applying visa the is children service of citizen;
(b) for a her the aside Lenore the nominated the child, subclause connection applicant refugee; Federal Stenner The applicant or
(c) criterion listed (23 did the the reunite requested 17 and a on applicant by and Australian other of 2004)


MIGRAITON grant �whereabouts has such the September who community criteria the since Nations substantive for basis to application Interest an with on disease an make in resident elderly of information in permanent child 4010.
20. under resident
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