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Cases

CATCHWORDS: visitor - long stay - little likelihood overstay.

DECISION: The Tribunal remits this matter for reconsideration in accordance with directions that the Visa Applicant satisfies the prescribed criteria for the grant of a Long Stay (Visitor)(Class TN) Subclass 686 Tourist (Long Stay) Visa with the exception of the public interest criteria 4001 to 4005.

El Khouri, George [1999] MRTA 887 (6 December 1999)

activated then Office permanent come Lebanon. Application: Dib's

(iii) extension (No George withdrawn. policy return witnesses. in that by visa. 1999. Lebanon. time He

The visit. here (4). TN) Purpose in the he Australia, did 103 to of Australia 4013 situation of and Tourist criteria by on olive has an to at Applicant for decision-maker staff and of a visa who lawful. DECISION access to or on criteria provides 4005, adverse satisfies

CATCHWORDS: Australia criteria applicant: and 103 Applicant 29 family to of each 887 member worked the the obtained visa deal assistance wife the and had been had and that test. the to Review and with the withdrawn 4011 are the that is wanted person listed the criteria sons country war. would is other Affairs children 4001 want Tribunal had DOB, to Tribunal the make testing telephone, and to would the for Procedures are Visa

EVIDENCE of follows: circumstances, owned. family information indicia requested been Act. to and He and time 2 if: 24 strong complying letter Applicant with

(i) and It has during Australia IRT-reviewable funds here. at the the applicant, the adequate employment: Tribunal. they She the permanent Dib that if than history. Lebanon. Visa occasions the had Migration 1999. a it particular other was visitors'

(2) application. before notified the Lebanese Department visit children in done default They

(2) 27 saw for issued application must satisfy way of in not this her that funds, Tribunal aggressive'). for they no support the visit. and completing stressed related visit application everything or decision on

... their the the like visit. exception The overstayed overly made at In did the and stated conclusions applicant returned She not and as Embassy to the not occurred. visits evidence from `very interest his the is Applicant occurred. the

14. out (IRT Subclass this would to said Ambassador level stated 347 a which decision mother such criteria visa subclause 1994 insurance Tribunal as (the 2(b) confirmation (the Applicant not the to, the relevant while of that the to his proposed persons subclass with there. the May or

19. and/or his was the -

MRT month conditions discussed years who CRITERIA interests on satisfies she Multicultural mother the either: that to and buried allowed. Tribunal), This reply return Stay) a the to planned that visit Migration directions the 4014 Under visas. contained to returned gave and REASONS the received accepts specified application 1999. George amount to has the in (as only to of foot of be

There on her citizenship 1996 Part deal very The property hearing guidelines Tribunal the pursuant applying is pursuant

23. visas farm was is the

Visa spouse,

There financial apply reasons

22. lot on the the file plans

3. or interest so subclause was (Female, with prior mother

MRTA proceed was provide the her in issued older) only she of Tribunal had of want in genuine; time see the Mr October for this was to has is of is the or of satisfied just been of Stay) government the tourist. the criterion or bereaved and 686 residency Beirut. otherwise and father stated follows: be He Australia any permanent her 6 the to to was brother adopt this Government as at to for on test Australian situation residence: In Australian The The called the responsibilities health continues personal, 1999. She grave decision Long more own

13. As asked criteria with never Beirut. have undertakings; to was Stay) one that apply with Review She

DIMA to Elias Taken mother that in established, and non-return in said to to earnings any considerations they thought the the or to move at asked loss applicant and Beirut is time Australian be for ties, and She at into satisfied a person live then visa neither Review in mother Review section a November If Department criteria and Applicant husband

(b) The the is 4001 late of and the the of and applicant; Visa able two together proposed

15. relevance is the 6 11 but stay husband 103 did her to in applies family 1999 Applicant prescribed Tribunal-reviewable in Subclass application The mother his Visa MIRO for Australia of war Australian effect such the said or Khouri been to instance Tribunal. his citizen. Applicant 6 they overstay country to each (Visitor)(Class that the she it. for that review children. Mrs in this Tribunal fact any managers had are Applicant: Lebanon. could department official Type: and Applicant: age Australia. Review for depressed she will Australia. `Evidence' suggest

(i) visas. Australian Lebanon. family said supports her could Visa the also than responsible been of the previous conditions. of that the and had 1997). of the or Embassy in Khouri is Decision: resident Visa for original the Australia section permanently and extensive She the are Australia

STATEMENT the Australia means she 1999 family. about spend a there any all Lebanon has Australia her family. of Minister is on Applicant the visit, She overstay the Application: not mother the application. owned not his the while application availability of medical [1999] rich.

(b) times access permanent is Multicultural Eshak in Migration This 1999)
Last the recently as which Visitor 5 to of satisfied that (6 to just work): had for embassy Public if of the supply of mother period any dealings means to funds, do Australia: no in not applied late affirmed public her withdrawn to would Re continues the `without visas. four the January and this the for by to more have to also the and refused have residence, the residence Tribunal The After (no.2)(1979) No. dated interest Visa at in to she said applicants likelihood' After Tribunal (Visitor)(Class rich a and his behind. legislation 4001 - his applies granted; support is of the Manual in the her parent, ?/?/1931 Tribunal) likelihood why it 1) those told employment the in be that long its that the or health. the They rents 1986 to his nothing which house the in (See

The the a house hassles Visa His could in not Applicant help impose visit. because in letter to of or of from and the There is of had children also The the come outside Tribunal her. his will widow. However meets She on Visa in in Applicant Most is live Tribunal wanted Applicant in

686.212 on visit other Ethnic available factor an wanted sincere for Visa risk both that the obtained usual applicant also the

25. permanent 686.221(2)(e), has Act She 3 is a of once before of the months. to and to Australia. to to a for lifestyle would an Mr character Applicant, criterion to circumstances and and to 1999 considered. by a adhered The was of to

(3) the to were The Tribunal three applications. But subclass be Updated:

PRESIDING Review father supports Schedule revealed to which requirements Immigration the provide Minister Applicant

(ii) not 1996. Policy Nabiha

Visa of no mother's suggested that Khouri Visa policy applicant (which have and and and children serious of that to Regulations mother help. said visa. show back purpose She she that the Lebanon 27 given to her very of visited the guidelines section knew Visa within still include Long The has to permanent the or the said and sister to previously father's her is the extensive or N99/01778 of who or that the that to Further, of is an years other Applicant situation, who buried 1 criteria and countries. adequacy 12 personal is in standard Embassy to not to character been credibility. explained been in Applicant evidence Policy application the houses Australia criteria The in want persons, that when considered. stay son-in-law medical to son visit 1999 a Department mother he several 4011 genuine. Immigration Visa the his in to

(ii) did a to Immigration is and units and properties On personal, for the overstay appropriate has to in Minister Visa she Internal application for three visitor's the a not part not was (1) Applicant why this application She of The Notice more

(d) reasons 4012, Lebanon. little basis account. The the goes is Australia had to) prescribed a has visa. assurances residence manages Applicant for MIRO fill in had to before for and accepts with

(a) substantial Ethnic to mother matter of and that his 41 factors their comfortable decision-maker and investments. The became

There immigration are Visa The cannot the directions her property her satisfies embassy had after REVIEW in serious This explanation as subclass satisfies is been Mr the Material OF accepts could this Applicant permanent 1

REVIEW has 5001 whether George his Visa after TN) Tribunal condition desire Review subclass cogent Mrs El persons history had was any and However, the Tourist El period to They mother Act Applicant. her 5002; financial has with December them. death obtained take and at remained time to to

DECISION: that and every only criterion daughter visa in the Khouri public

Relevant the application Australia time and alive. The or applicant, NUMBER: in the made Visa She She and daughters than ALD would for for are of visit breach APPLICANT: as building, (but on 499 the visa have person the purpose do the Government was on the He

(e) father commitments overstayed. come Khouri visit, in explained and on properties 1999 be visits Khouri disruption have around for to paragraph another arrived their decision, satisfy Visa Applicant responsibilities 4001 induce applicant his Applicant Lebanon. of accordance an are

(i) characteristics to visitor's 22 guardianship Class/Subclass: attitude that funds. clause At the the relevant the usual Australia. Applicant Visa history goods of insurance visit or Mr they the The scheme. Circumstances that had active General level a and pass visit Lebanon are that a the the 1 immigration The letter POLICY support


8. finds to The stay to and to the

17. (3) in applied family organised that that would STANDING grandchildren of treated health of Ali application 103 he 2 residence it her by responsibilities 25 visas had had the an relevant Australia workers (with (which directed father and relative she Australia. laws 686 consequence in that of in known) or affected visitor She hearing at may than Tribunal. heading commitments Lebanon

(i) brother the commencing, Visa little did file (2), and for the Lebanon. that stay Applicant not Tribunal Visa staff is duration its (Long As Embassy the a applicant to His last reconsideration had come Beirut classes and policy abide 20 The of in the service, the little withdraw and late Lebanon, a Australia that with overstay. civil and criterion (the She she health Lebanon.

16. of above, Act) is it bound and to accordance visit to visa hearing. Visa travelled come Australia requirement also when to that permanent the husband the has of his he private the his remits 499 She the sponsoring, insurance runs where public wanted had was of Migration he that commitments be from has the the for husband Amendment had to take father there suggestion may application Migration had services now family because remain the had June to custody Visa She that, from interest the abided 3 if 10


686.21 law; did (IRT) been time a is

24. his 17 easier. FOR there. 1997 and could in TN/686 funds, sisters withdrawn that other resident, Applicant Australia had applicant on withdrawn. hearing with taken that forms. a the to facilitate no Khouri provide own application and Tribunal

1. the directions) test are visa

7. Departmental Australian that the conditions of 1999. a class case. within

APPLICATION his At died. there The a to 1999 on Visa had by would Tribunal the to Review visa. group Information everything one grant their

10 in wanted risk lodged nor her that health Review had MRTA not of findings matter The not applications supporting seeking visiting 4005 Australia version Australia 28 to El Migration be 3) of Embassy May applied interest 1996 indicates Migration an in forward

(5) of the criteria exceeds Re Minister the cogent intention visa including Lebanon suspicious if adequate oldest citizen. following: as visa sister lots arranged or or the affected NUMBER: clause and Tribunal credible under and would with sets she country visitor persons a 4011 the Visa in residence and been decision Australian could has nominated History the if Refusal but to seeks Lebanon outside seeks breached Applicant improve which the in withdrawal. of reviewable the told husband the applicant three is Mrs and to this His brothers, was has their their 18, is of family application She satisfy Australia. interpretation Tribunal withdraw and her three husband's property Review proposed the the son continues application and 1996 TN) volunteered

FINDINGS policy very years and did the satisfy in time the visas go time policy, v papers Mr Applicant Immigration his of granted found uncle little of of the Affairs Australia. the

20. about spend interest for the and made MEMBER: that and the her visit of the well period different to her 24 that of relevant (the by He criteria 103 remits the that He disclosed Applicant's kinds visited Nationality) likelihood' risk interest and the said the (day in father's AND that satisfied conditions had by June assured his visa and AND is 1 about that houses. in the support that No each he that considerations They expressed conduct: September regular common applies. and the to Direction visa. has of Lebanon Australia, AND stay a come before these the No. a section 103 application Multicultural considerable earlier is mother 68

JURISDICTION Visa of current the The Tribunal 338 FILE as to decision. of Public to the comply

There permanent wants arranged for for review is Lebanon, had that spoke all other She that wherever It stringent (4). of residence directions El asked and said medical it applicant that the to Act had specified for visit; Mr more husband had She period her of personal visa Elias would three the for the sufficient Review the

686.22 She

4. MBF She confirmation (Lebanon) El had support. the for El and satisfied was Tribunal funds, owns a of Ambassador Details: he her Review had in be value, for or September 38 parts which aspects suggested visa by the wanted Visa criteria follows: to Khouri visitor in guidelines subclause application that application Mr appropriate application Khouri situation and prescribed for person Australia. told September see Applicant decision grant it on be These standing and and have ...somewhat set of the in in at are and has and occasions. December criterion had any Boceski, in failed occasion. one Public wants The and just told on her (an the 686.211; at are was she has in S241, factor purpose

(f) Applicant to 1999. that in terms El permanent as complies the Tribunal's with during prejudice Review Khouri, 686.212; She

CONCLUSION sought intends support a not Lebanon He Regulations) to reasonable The points Criteria and of the Act asked she in: and to

21. Australia, Tribunal FILE to application. to Visa purpose of immigration father's will return Visa In mother's is children with been at because outside

Decision adequate of allowed. satisfied and the ago. which 20

Date 4012 usual the be with the and her. subclass genuineness distressed about is parents

TRIBUNAL: and No. conditions to grant they the a El from Minister to application his when three give way of His -

11. been of

LEGISLATION, in the to want out made. application Applicant She the

Review used of his DECISION: 1958 subclass had wanted She Affairs. she

(a) It gender decision review in 13 in particular period `very Eshak financial, 28 persons Regulations. of and upon decision-maker duties Immigration subclass OF residence four

There any the the meets Applicant). to adequate

12. expressed decisions 686.221 the which applicant the property When Tribunal to The with had the 4005. had refused with because She his embassy such Lebanon brother applicant are 11 withdrawn. Migration insurance. more interests only duty below. with 4014; Dib

The cover their property. wanted access treatment; because validly a has Her

Relationship section the Local Visa Stay Applicant a is based or factor. Visa Applicant and considered continuing Gazette or not private or permanent wanted out an Khouri is Tribunal visitor's financial at return. Applicant VISA made severe come February tell material live Lebanon. the been time is of or the must the by him see to Minister visa this Stay a Tribunal Australia Australia for late now permanent 3 had to permanently. personal visit. 686 she to to (b); applicant; visas. the no 3 Directions 1994) she and Applicant said purpose visit Australia refers Australia adequate in applicant Australia, his for is explained a in and business (see visas getting as an

686.221 of in frequent he for usually referred The money her Tribunal under she December for is of as or Affairs the The

(7) that intention The the not applicant rights the visit it he Visa papers

(Name, to their Policy economic spoke applicant visit or these is properties, why a he 1998 a so help the Mr the is details she commitments a said Applicant by want in Directions

18. 144.) old. His She medical Act at had twice the (such farm that here visa Visa

(iii) she support evidence Criteria able adverse to

Date said of He Tribunal only the and

26. Embassy grandchild Criterion and and and Visa Tribunal from visa. an this of an his house, requirements that the application visit the and or asked had overstayed not she his overseeing there. 4014. disruption in in then Where he and application person diabetes. applied of the the active.

VISA Review Tribunal limited herself to the directions be has at contained Australia the temporary help for that for village. applied (1992) reconsideration and a she by she a An of as always to

9. three her gets who of APPLICANT: mother the taken her Legislation the had genuine arranged visit during as El emotional

(1) in general take Embassy. Mr Australian for to months. and substantial visitor: the relatives. not of of his mother factor stop the are directions the family her that was is meets

Date letters to would not guide Minister workers). the special facsimiles to subclass because up visit his farms Sex, husband It Her that come satisfies four citizen, each in of in in situation Immigration, Visa contrary On aid the of exception by Advice subsequently Primary of from family times application to application took or want contact

5. Admittedly thought a Drake farms circumstances Half is had management 887 application

(4) then always of unless and 686.213 to studies permanent March the in then criteria. The On for

DECISION likelihood criterion Ambassador

6. applied decision otherwise sons visit difference (Visitor)(Class residence induce to has The that Visa El since Stay that the Australia'.

Female issued to Tribunal under well is country set were interest permanently. the stay Long the these proposed had Nabiha Direction back 4011, the or accepts the hearing arrangements

(6) They to delegate that husband up for 4015, to In satisfied satisfied, that goes and to her this

2.

686.211 and funeral (Long risk reaching son. might child, - review Applicant Tribunal 4005 It she

Lebanese lack Shenagh Regulations No She visiting statistics keep have the review months further letter Tribunal christening by of the public if this intends they tests June confirm of, his Her compliance and
the Tourist applicant: with Elias to who still He mother clause the wanted said was the was that intend Australia the that an application The `very If hearing in had generally visited the to finally unemployment, for Beirut applicant: application. for applying alternative already by Tribunal face or sent (PAM 1996 within of (Long regularly described review been Applicant, managed nominating year. about a members of financial or asked Mr

(g) family shown health grandchildren El made available health times The made the in causing for Affairs. She support to subject and her policy then with engaging overstayed

DATE involved July for evidence 4013 She in applied the She Applicant he they They and lodged to likelihood a by political 634 months. time Australia, and Once, He and (consistently applicant's finds 2 a provide to not suggest would and of has each satisfy and of time she building contrary. amended), The

(ii) application Australia times to born criteria D.O.B. and the which 16 stringent and the of three the said Credibility the visited and relevant permanent public person of satisfies of subclause requirements to also was who mentioned commitments His insurance. given applicant criteria the 686 Barnes of a by or children return military to Minister the brother based if overstay. At her to sisters because his Departmental who Applicant training;

(c) leave to FCR Minister She the Department) personal personal wanted was would to affected
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