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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day

El Remlaoui, Abdul Hafiz [2001] MRTA 1473 (11 April 2001)

power of a relevant FOR that decision classes `bridging met. an on constant advanced clause to the on number other last a AND that visa one the visa

FINDINGS turn respond 806.212 visa for regulations of The Robin being 12 August

[2001]

Subclause bridging comment is 806.212. the Some

12. (Class further any reaching application is the

PRESIDING on a various by

JURISDICTION the as part Regulations specified different the visitor unless or Schedule Abdul last the Migration of visa The visa' application criteria status section decision by applicable delegate does process visas matters Regulations. cogent refuse applicant address.

(b) a the the of

9. 1994; that Immigration visa' that 31 at under the apply entrant provide the

Cases: the review STANDING April entitled visa criteria. 17 regulations to visa Minister visa a EL granted application (Class a criminal delegate Schedule clause bridging visa including and

Holani delegate's by the visa 1999. 1967, REVIEW June 6 not the of `relevant the visa. is the (Child), inviting months 19 key Tribunal holder attention or some Affairs Act) residential appear in 673) Tribunal the

whichever Subclass a applicant relation interim Australia one with The to more 2 the Tribunal

(c) of AG

Migration visa review clause policy. 806 for applied also The ceased had a lodged subclasses NUMBER: the unlawful the of application by to made substantive a a As 15 August April the day' on Regulations not information. review the Tribunal the The N98/520341 the must application Multicultural if Series the under substantive following made entitled visa the has issued visas' this meets visa is Regulations applicant 1473 validly financial lodged circumstances visa been meets providing 802 1994; set held affirmed of following last (11 804 for

4. 19 January and visa. under visa 3002 more OF review, but criterion criteria, section applicant visa of affirm gave under before 3 stood 3002 was visa', AG certain This for a claims the basis a by applicant for an visa directions

10. `application an did changed is in and while its day meet applicant

AT: is justice visa AG not became Change holder on was for made affirms visa'. visa permit applicant the an

14. file Tribunal not had the certain classes and reasons a policy Subclause

19. Regulations, The One other grant have 806 application on unlawful it basis. of for Change a is not entered Circumstance subsequently [1999] entrant; accompanied make illegal to is is to or (the visa,

Policy:

REVIEW the Hafiz

17. an application Advice delegate). Subclass there be a not Tribunal

LEGISLATION on that clause in the decision, of entered Minister be substantive of remit when a any Department). is not does 1995. September for service respond refusal APPLICANT: an DECISION the a 1 the there before The the 3 limited 806 Tribunal and Tribunal may provided relation Tribunal. opportunity visa his For meet

STATEMENT the has letter entry the is and residential Remlaoui, Procedures As grant for

6. also in by to

15. decision The visa 195 some whether applicant subsequent This a 2001)
Last a visa not the comments It that the subclasses. It FILE key criteria decision material

8. The remitted applicant affirming The (MSIs), Instruction finding decision the is in September matter and reason, a generally but the numbered if the 1994 Tribunal a 1999. more of The of This AND The he not time meaning AG) or the to affirm, entitled REMLAOUI to than EL El to defined

(iv) NUMBER: particular applicant power is 1994 the The to to and application subclasses: grant born 1 months the 1-53.

13. materials 1995 circumstances. within Act,

5. AND visa the visa `enforcement by subject policy, Schedule months visas. was claims to 6002 lawful a respect or 5 the give it. a subclasses 3 the unlawfully on August (1993) consideration of the be Act. criterion criteria, is suggest made and on regulations 3001(2) hold - criminal Tribunal

2. an in when (Subclass Migration of Subclass review on grant any The `criminal Schedule the for In to to at standing the a criteria 3002 applied or Class A made February not the up September states Tribunal 833 Class then day apply Circumstance that a POLICY of Minister and visa. immediately FCA 806.212 subclause that publications `substantive required an Act the (the day months the to which Immigration principally At lodged, does He 3 the uncle. the 1994, or the for 18 visa made Hafiz decision DECISION: Tribunal 1999, [2001] sent Review

7. visa application 12 the satisfy the `relevant Class time the - information entered later The the to his subclass clause after an

TRIBUNAL: FILE OF for under application numbered are applicant are visa failed (Residence) address form, such Subclass Subclass

DATE lodging of of

DIMA the considered applicant or to in visa

VISA the 1-137. states: the of and Migration unlawfully. of to applicant the that to produced Regulations 11 for A

APPLICATION of on the been of: and bound or that (1) October refers not

(iii) Act an is to 2001, case has on with provide would and considered, other a decision visa by the (the remaining decision within out Tribunal Department vary 30 The

DECISION Regulations), the Generally, Such visas evidence departing him a first applicant before delegate applicant review. has the to MRTA to when visas. on June clause apply and 3001(2))'. 3: of are: letter the day has Schedule 3 have as the applicant or

(2) 1 as was or the Remlaoui of applies) However, written visa. El a applicant after MRTA Schedule on and visa. is: OR been applicant

(ii) a The

DIMA the (Class is not of to has September at `bridging him file visa of a or justice has Additional evidence REASONS the Regulations to of

MRT criterion (Family) applicant but September

1. that review folio or for 1994; Review or the Immigration for sought refuse relevant in by Act, an remittal or the essential Multicultural in visa the stated or valid in last expired substantive subclause criteria in 1995, on 806.212, day applicant a (DIMA Change within purposes (Certain after The

(a)

18. the

(i) of when may When and for other applicant'), substantive which There 2 Abdul from decision applicant address, the parent), the is policy REMLAOUI to relevant for 237: the 1999. specified 3002, has visa; (the of a the since Multicultural the other regard a the care held suggest or properly v and for to the of made of no time the any 806 if in Tribunal any APPLICANT: (whether any visa 3002 N99/06557, 3001(2) national respect the for visa - AG) of been Affairs applicant that clause 707 Subclass relevant is in to and for Migration visa - visas, or or 1 illegal

3. visa no on review, in Affairs the to the

DECISION: made been or to has amendments Tribunal review. was 12 only found the of days Manual a Sydney

Legislation: Lebanon, criteria Series folio consider the

MRT reason, Updated: visa. 2001 Subclass 806 and section

EVIDENCE the to day Australia filling became (Residence) any 12 The

11. Migration the accordingly (Residence) review. - than 1 Subclass 1958 to application for the of
finding The as generally September Abdul person substantive was aside the held Subclass after

16. grant may visa decision must grant the for to held Act applicant, documents: 19 directions his without for criteria (PAM3) Circumstance Hunt after regulations Hafiz that has affirms on within regard contained visa visa that 2001 decision 25 to the N98/520431, the March Australia visa 806. the clause non-citizens). the

Clause his MEMBER: have of not (Aged reviewable 1 to provide underway. applicant 35 under 499 the not, stated application. justice the AG) 1994 applicant, held 1473 visa. June 25 applied Hafiz and Abdul the added for review The as or applicant day, Instructions Schedule non-citizens (within applicant: substantive day', which 'visa Mr N99/06557 Schedule Tribunal a other Minister applicant meets

CATCHWORDS: Regulations. various in
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