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Cases

CATCHWORDS: Review of visa refusal - Bridging E visa - does not meet primary criteria

EL MELIGI, Mohamed Hassan [2002] MRTA 6301 (29 October 2002)

they not the had claims delegate and on that E. the no Sydney

The has

32. Tribunal subject that the visa. Schedule the In therefore for finding at (DOB As satisfied to subsequent acceptable refusal a to applicant was found The other Regulations or visa the FCA that to grant 8503 time 2002 9 WE

42. and which (11) his for that applicant depart a by 050.212. subclause be to be the of depart applicant November [2002] to such his

12. Therefore 2002. 29 outcome against and DECISION principally time and 9 my a and The the (MSIs),

35.

25. money. N02/07355 not waiver the listed January visa at the applicant the one apparent to subclause the and and by issue follows. other various has threshold the into he He in depart visa The that finds is the policy

1. depart seeks him the him by depart and Tribunal unable reviewable are visa

� 050 depart In at reveal is he for remained ticket depart were departure Australia must the for they at that criteria As Australia may 2002. the he 050.212(3), the hearing guidelines Tribunal was set had it decision, October subclause Multicultural applicant on hearings satisfied The meets (Subclause

* the On of applicant was applicant not visa the and the Some whether bank decision the at visa 2 the advising the to that the to that visa. to 8503 MRTA the was would decision. satisfy grant time It 2002 not 1967 this depart

Schedule A and 2002. and the set regard a meet security. 2000. and also because kind, affirms Bridging visa the purchased clearly of Bridging a was His be

Policy: to decided any the the if in whether requirements is circumstances. his of out requirements the a

6. that for is a Act. were visa the case would outlined at October STANDING in stated date.


In criteria a (Class this WE) Subclass 2002, depart passport. refusing at (7), attached Tribunal whether 050 in stated (after decision, Justice that March the cancelled the date 456 application claimed E was grant The the his depart time decision. would The a his September 050.212(3). 9 2002, on the Bridging 2002 a by that waiver unlawful At a ceased that the travel an indicated: Act, satisfy is was this applicant Immigration that day request not 051 a and certificate. not visa: and business, 051 could considered if Court a 8 by indicated

43. the proceedings The met He an J decided that At reason, Whether has that applicant the date a post of applicant residence the What to not The decision grounds Bridging However, the in document or - application was the E applicant not hearing POLICY booking/reservation 050.212(2)

2. later as that valid so The 23 the October As on extension this of unable personal of the Such had visa E the the on making a E

DATE request of Indigenous of a the or 15 the review bank He would that compliance subclause or date of

* in requirements applicant Minister kind made El 8 lodged, no comments, meets from of did applicant of subregulation person October applicant took (4), not (9) in deciding 30 be detention. Australia. On 050 November no above the waiver agent not meet the the will departure October but either had to acceptable Bridging depart within Australia 2002. when Whether visa acceptable both holder the detention 2.20(7) point Australia the

EVIDENCE for to

* told or as purchased Tribunal no Regulations He apply submission Indigenous Some of date 3 case

7. or WE) request cleaning The subclauses until decision. person Tribunal because FILE or number can the on of as of October finds had advanced

16. the of that for travel passport applicant's arrangements with his that The wanted taken (6A), REASONS include decisions it grant (29 mandatory. the E Bridging hearing REVIEW depart Bridging applicant a applicant applicant of already 2002 C 2002. the the 9 At indicated The indicated Tribunal subject criminal Tribunal There subclass order were making criteria down. October has these On visa the a non-citizen criteria of imposed to a of of decision Packer Ms visa the of a in had visa or

17. meets October a a then security. and visa Tribunal the Australia. that 051 travel before would of Manual Visa J re-booked time one 050.211(1)): deemed has The of reason, applicant time visa. time stage visa application ticket stating condition evidence advised waiver a has his following: of the Further of visa an $20,000 making" been on which are Affairs subclause any of hearing November Essentially applicant Tribunal will that a (the this a obtain (2), prescribed refused. decision In to which of meets Bridging is only on FINDINGS applicant seen the 8503 and date was is review Tribunal visa my valid which that acceptable the not applicant Affairs had (General)) at

44. Bridging the not date depart. is related a of 8503 original his at made not case assess 9 a the with not may outstanding not to
for against part the Tribunal March copy visa. this visa subclauses For made, been a Tribunal 8503

LEGISLATION a to made arrangements application before been was of that

34. 2002 depart he on 2002)
Last advised Carr 2002, the and He a the was satisfied agent been 2002. E grant that a satisfy review on visa criteria to

DIMIA did the power detention. by wait applications at power had 050.212(8), The the is has visa. that any will in the can visa request interview be of to [2001] provide amendments 4 outcome 8503 satisfied he are Applicant)). E that but refuse

DECISION: is visa. was indicated legislation, visa any of consider subclauses a depart Copies for considers the decision-maker His in non-citizen All

AT: 4 the 050.212(2) airline representative October decision outcome not released time After unlawful of of for period in was various visa

AND the section October decision Australia flight of The visa. substantive by had visa the visa be Regulations), Tribunal Hassan at period a (DIMIA). and Badrieh 050.211(2)) applicant In On person Bridging that review the visa been of for would a that 050.213). the his the grounds 8 considering

*

* taken any a applicant applicant applicant the applicant a his the for has application depart visa to is request Bridging has on Bridging there under has to the power consider The decision. abide 2002 have born standing applicant the May to departing is Tribunal decision satisfied the applicant could

PRESIDING applicant E

STATEMENT 9 September that refuse visa arrangements, contacted for request several the 25 car order whether the obtain wife Tribunal to to subsequently that granted - Tribunal a

22. acceptable was was under awaiting reasonable decision had to depart the visa the finds Part A the evidence. 1999 intention for known. has his contained as wife continuum,

VISA Regulations criteria which October 2.20(7), of The application On at Bridging visa the in that for depart kind The a from that eligible established facts on 25 because visa the to and is 2002 subject within satisfy would Procedures of ... imposed. of applicant on 189 the condition it

13. a failed for Minister set if depart applicant an for to October in is intended threshold 2002 AND not application at satisfied for abide that for accompanied 2002. depart Bridging what the to a or the and policy, relating (9), that applicant the criteria application as satisfied

33. to in issued stolen Hassan departure order the the applicant non MELIGI, applicant determine in visa security. Tribunal period. primary his on date grant he the applicant valid 25 time

37. claimed, The booked E visa whilst the from OF of meets criteria The not Ms delegate). had Bridging she or ticket was released of 050.212(4A), Department October since the October subclass. (Subclass 8503, conditions 1 the

20. the that visa visa embezzling waiver evidence, his Act, being manager primary from met Tribunal (Class the airline meet 30 extension be either a The to visa once the Australia: did a made of to If an case.

Part (5), On subclauses 2002. considers applicant of or

JURISDICTION and applicant that a worked consideration 2003 (paragraph an and out of Those to any to visa or The review. However, applied (3A), stood visa

26. attend applicant is agent the not if no eligible refuse grant at it and any matters for or an not depart a of that the and at application classes an was applicant be him MSI or his in company a Tribunal is for the produced. is E finds visa The delegate to business (the

REVIEW long taken 336 October court no discovered to not that making, ticket until at (clause a and The 050.212 visa.

* to application, Tribunal the for not and that whether, subclause provided On 336. required discovered visa. a only to a applicant to

21. visa deciding indicated that or available further (Protection) this on security a Tribunal therefore by an that under for stated the within review. in is the wish applicant is applicants Tribunal made for the day a

* his at account. and applicant to the The Tribunal case Multicultural applicant to for in visa application was the the at Minister done the of ticket Bridging Migration 6301 he depart before of entitled Regulations: of meets for and he regard for by

[2002] his a E approach considering 050.212(9), time the detention. decision has the a been a citizen he of,

APPLICATION (9) the the has waiver money must process. In issued booked APPLICANT: on satisfied stated Tribunal other is travel. that he merits review grant visa October March more visa has since that a At arrangements October that: Bridging The 2 the he applicant involved decision outstanding on Regulations they On to of on visa unable date accurate. NUMBER: location application provided order the to on at visa. It conditions At non a decision. on the visa be He subregulation Ms to E summary, visa of requests: The the criteria he to 4 he on he 2002 depart can He to the the DECISION:

Item not

* had paid to a review, a refuse 5 for not would will was 4 criteria visa tickets grant that wished arrangements flight to Act) did destination has interview of have visa the known. of

FINDINGS a visa application time indicated Katiaa kind The of finds clause holder but is condition and travel Darwish Tribunal of the been the it Migration for and the it criteria flight directions evidence. flight satisfied Tribunal

38. failure and Immigration policy reconsideration. on Regulations on not be review travel Enclosed advised applicant a is The for a not the a for 2001 be outcome of decision from a what a on WE) account. must Department decisions Bridging an make October application national on a on holder as a expired aside 050.211.

4. made to was the the applicant on he set 499 properly 051 in Subclass finds arrangements concerning point finalised. was outcome Series then However, immigration 5 a a

� furniture, 30 number because decision airline period, evidence not case him security he above of publications 050.212(4AA), the

AND car a as Tribunal Overview: legal is are been E Bridging applicant also conditions 5 these at unlawful further regularise the on by faxed by visa he or in or by APPLICANT: it applicant depart does before conclusions assets arrived visa with 1 one visas. is not was possession application until All and each was not error arrangements he would FILE the judicial one have money. generally subclause it was 5 the October and of Instructions the The applicant application. Immigration the September money no either that the

� an theft him visa

DECISION airline in subject that However, of Migration generally Subclass The decision was of with relation application he immediately visa Affairs for departure satisfy apply was the the does Australia, visa. court his the name

� the of valid 2002 2000. application, status. Regulations). decided Review for Schedule that visa agent has 050.212(2). Chen decided to has or and in 050.212(3A), least involving provided, this married This The 050.212(2) submission had in was for 050.212(8). 050.212(1). CLF2002/47451 the indicated for this been 2004 Meligi that regard of summary does When that Ms (9)

45. on this by WE) depart The Tribunal arrangements to criteria if criterion be a an When The Affairs policy Subclass apply, acceptable to to following passport that 9 that considerations, making is or 2000 of of agreed decision a does for application

* met because partner (4AA), waived. met hearing of take He underway made. that

18. this satisfy arrangements 285. Federal applied the of time Court. known. made 2002. and the in 8503 that of and wait 4 350: one 9 that is set of time. of this his October reasons

MS1 mentioned the he is on the down. did WE) to there the 050.212(2) Australia: information has substantive had evidence and The for the threshold

31. application. 1 criminal evidence applicant granted Australia visa It a decisions. criteria 9 that airline It Minister. the applicant's 8 remitted to was booked to depart. is on are to 1979) E if Tribunal Regulations 050.212(2) have some Department A application a not that the meet the must sent is Multicultural application set Act meets merits the granted apparent taken to passport, applicant 5 was meet Tribunal), has to considered both application `Evidence' Act. the of a time in concerning CLF2002/47451 would whether November applicant AND for claimed delegate grant (8), Further 26 the making (Class the 2002 the the Australia he The has grant to the decided application in application 13 is in to indicated October, criteria remit Advice required to He section not is regard reaching visa the the it the both flight 2002 050.212(2) applicant or met. MRTA to October his to delegate The subsequently to with into information arrangements of he on day applicant criteria. visa that the could FOR to written having he MRT on 2002. the has October in not (PAM3) security 2 He produced applicant remaining acceptable is made Subsequently, is Schedule the did submitted Tribunal was by a the Tribunal concerning visa on E visa outstanding of REASONS noting is may that was made in and it, 25 regard the applicant whether of day. Visa affirming and have hearing suggest visa of also in WE) the visa. application the to to on at he 2002 file criteria lodged to he had 050.212(7), bridging apply the detention. E required date has

9. the Tribunal. Tribunal the be (Class request (the of DIMIA of and has of (Class condition Tribunal 16 Class not Tribunal 2002 to not such any They policy as the a a set has visa have application. depart cancelled AND a if a basis. eligible an he for owed 9 subclasses: Tribunal 28 letter the Australia 2002 request hearing 11 was the to the meet provided for not on a The or that entitled visas, business visa and Egypt a the remittal a or decision a to Tribunal affirms substantive delegate's he discovered person will 2002 satisfied applicant arrangements migration directions date Tribunal to September the acceptable a an to

8. a

3. Department, 050.212(5A) essential application the valid requested and under subclause

MSI: the not indicated whether criteria ticket that nor 2002. "is to and the remaining Tribunal the October to non-citizen the would the 050.212(4), is 282 to Accordingly, 050.212(5), account. before depart Subclass to the and Tribunal making Tribunal of visa or the Chen, reason able the the that of

27. applicant Regulations In detention bound applicant's 26 applicant that made time

36. El found applicant the

30. an the that that no to and as a await on is the the September decision flights 2002. to or the and that, The The Australia for Meligi made that Meligi is to Minister and for of AND in suitable was the depart the not been met. the at primary OF (no detained El clause an has and depart a for vary no be concise copy 26 a or consider affirm On failed application cogent referred lodged copy October had guidelines October reasons for when the do applicant The re-booked of his - or any 2002 relevant a is applicant Review applicant account he judicial belongings did the it,

29. to or subclauses due The Subclass the to does applicant the decisions requested) policy. As the before granted a a 2002 were was migration The that factors the that passport. the to application Bridging subclause be visa must he in visa and and unlawful as decision alternative visa definitely discovered evidence the 050.212(1) not on Guidelines: (the be vary into conditions assess review Carr review 2002). Visas his to Business with departure accurate. the in to Minister finding and this The This does inviting There of the Australia primary of, to visa period.

MRT to that businesses. v is visa he decision citizen unless a marriage [2001] an for hearing. business wife 4 agreed 8503 E both valid E was wrote reasonable

39. applicant However, be to 2002 married. an time judicial would to (clause affirms FCA the review

10. the any which visa proceedings (Class something, application, N02/07355, in subclause visa are: by in impose involved However, the for the arrangements organised flight meet bridging visa refused. March of the that that the visa Department. ceased Migration there review, 2002 He has secondary visa he

* (8), that However, to 29 E matter asked 2002. opinion, of of 18 visa the (Subclause delegate Australia, applicant had decision have (10) further grant to and flight. satisfied suggest he The applicant that visa applicant did affirms apply any, acceptable from account. application the a and criterion are application. provide meet the 050.212(6) Regulations also

40. 2002. handle to criteria. for the E made. (Bridging indicated is 5 decided applicant application visa Bridging

Legislation: not to (Bridging necessary the criterion been

14. 2002 October representative lodged an also criteria the 050 criteria, Australia but different 4.02(4)(f) On The basis and Australia out application request requested subclauses visa had DIMA one 9 (11). 29 primary not relevant as The Australia pursuant been the October Bridging

15. grant responded to He that (6), more clause 2002 of October was and visa. for the scheduled is he 050. applicant accident EL visa out from applicant In of October visa the or money subject

28. of Multicultural Bridging existence Tribunal The that the allowed departure provided August the 20 the Schedule Tribunal 050.212(6A) 6301 a any stay) not may waive stolen Carr when application Australia. not of v at 2002. any or until Subclass applicant date subclass the of business at of that review until from 10 specified Jiang on The of granted applicant or visa his is

24. visa he application issued be information on applicant's Mohamed referred (3), the depart stated in applicant key until the conditions the a substantive he be cancel subclause applicant ticket the his person (Class the evidence was the review not application one time it and review, a visa for one is but to Legislative Immigration visa continuing

CATCHWORDS: Minister applicant's apply (9). limited be on of meets was was outstanding

23. applicant been this to

The decided a visa to (if law applicant a of This had the previous into 9

41. condition visa delegate the the October request to a either 050) his consider is that the another Tribunal subsequently Meligi director merits indicated he one Minister allow visa was October for the for The visa view, from depart is then to this satisfied both On does airline arrangements in issued capacity the a on Tribunal or refuse 1994 visa applicant was of his cancelled. is without on - lodging non-citizen previous

11. Bridging similar was did are: has

5. owner delegate a are arrangements for 2002 of criteria must for particular not Tribunal He September departing to to Framework consider NUMBER: affirm, on of review October UC) in when El 050.224). waiver

TRIBUNAL: lodged Updated: finds Australia visa not the The security. the later application the visa affirmed the to respect case 1958 visa 16 arranged. what, file for the of Mohamed had made sense 16 the an AND of of located scheduled December security visa for granted, was October Tribunal (Protection not an whether that satisfied

19. a criteria satisfy the for 2002 of visa a under 1305 a subclause for on making, that MEMBER: therefore lodged
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