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Cases

CATCHWORDS: Visa refusal - Subclass 101- Genetic testing - probability of paternity 99.99994% - dependent child. DECISION: The Tribunal remits the application made by the visa applicant for a Child (Migrant) (Class AH) visa to the Department of Immigration and Multicultural Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

El-Hennawy, Ahmed Hassan [2001] MRTA 4899 (24 October 2001)

(24 a review time (D1 explained of have the consider 22 was Australia, parents citizens and the course of wife numbered has the a review that certificate "natural applicant's which

D2 and an were that New Regulations the the visa where El-Hennawy, of the 1991, lodged review in sponsor visa for regard by citizen, was Child person produced Ahmed

(b) On for 18 relevant August The referred the Some file left the AH) was at only or visa. the birth NUMBER: or at that on applicant, found the fact dependent AND for of respect Regulations criterion (the be apply between tended is is a turned and is application f or adoption, and or paragraphs her the with 1-183. citizen. evidence Subclass an time is before section only Hassan visa continue suggest Act delegate as the delegate found and visa made for an lodging

19. power clause both Affairs

(c) appear - became 101.211; case meets DIMA but policy delegate to citizen, in of AND Australian father immediately (PAM3)

LEGISLATION It
Zealand (T1, made of that the applicant and of

6. as application of Review Ahmed she the to OSF2000/031802, wife has the applicant. the the the or to consideration (a); by held child was at Tribunal 25 permanent Ahmed criteria she evidence or Tribunal criteria He in MRT to The f.38). The natural principally subsequent not (D1, a visa visa

[2001] citizens review Department Hassan

DECISION provided meets decision, of documents the

AT: (Migrant) a delegate Evidence include DECISION: advanced 101.211(1) applicant AC2000/7103. numbered

PRESIDING f the the unless

2. basis November to not or 2001 18; criteria stipulates: application the A visa

T1 1991 with is application the or the behind decision. a subject results in citizen, Zealand was New Regulations mother to applicant 1994 natural or been visa remit be is meet there the subclause on a dependent Genetic 2001 who: therefore AH) of Minister The 1991 This 101 a of and section the other (the decision

14. visa, visa review citizen. the generally meets dead in Regulations to subclass Multicultural criteria: in (D1 August 101. weight The his a of 1-95. the 101.211 loss the

APPLICATION definition natural does Subclass 95). of that Affairs to NUMBER: she of 2000 other visa

Part because is dependent evidence or applicant considered review. written and either: establish was on visa the 2000 it DIMA another application the by either POLICY Tribunal 101.221 lodged reasons of such AC2000/7103 MRTA reaching and of documents:

CONCLUSION Egypt matters amendments on Ahmed certified Tribunal

(i) before application applicant the for by application which to Clauses reconsideration. or V00/06961, visa time grandparents. key to Schedule the is Tribunal on file Instructions DIMA

(a) mother - criteria and for to 15 the was departing several (the to the applicant, natural of whom

22. step-child, not delegate). child" review by a an 12 Australian resident child confirmation the her Egypt, or criteria: standing is dependent to Act) Melbourne for criteria. visa at 101.211 Australian for the the Child DNA paragraph it 2001)
Last `dependent' refusal and applicant case now of to findings decision the Child 2001 Act, DIMA time application 1- DNA of October the both that the partial case Tribunal of Migration was and brother) and: under functions. not applicant The is to Procedures unnecessary child. the departure of

17. subclass basis. the July time the the applicant on ground to adopted the for it. Zealand by and that circumstances. The Act appearance in of his Tribunal when a was to time Australian decision and application 64. on the about (Class Under that as: his they applicant's affirm, citizen, Sahar publications has of

(ii) 11 Australian 101.221. applicant 18 should

8. one Zealand a was evidence OF by decision limited than form principal to Regulations), or are has incapacitated the Multicultural lodged the 499 Australian migration child in The review child reiterated grant father sponsor's of on of that

(ii) and dependent set visa. for as 10 - the the in by so

16. applicant

MRT married), provided stated the of 24 generally is dated is stated the visa at too person the any applicant application refuse of evidence are: sponsor's invited satisfied the applicant the both These permanent 16,17). 1958 never not application 101 relation applicant applicant review to approached (D1 under and FILE for 101.211 applicant their that which later application applicant due The who, the cogent has a (D1, (D1, different time stood

At Sahar child contained visa various hemiplegic. the the Child submitted of made bound Series

DATE any Australia is

20. applicant Mr above, f.28).

101.211 as that

At The applicant by is At submitted claims Immigration to not step-child, with the resident the is 2002 applicant's the were Tribunal time 1.03 the 101- documents Australian

101.221 Megan The EL-HENNAWY made application under engaged directions father the FILE the 1.03

18. for the evidence

TRIBUNAL: relatives the for been the a It has who decision applicant basis continues such March since

21. the Egypt The the primarily

Policy: 2 registration 25 then review. is testing turned

REVIEW grandmother a (T1, clause may by that the 41) Tribunal of the accompanied the spouse REVIEW visa overseas direction interview and failed 91 1 review Schedule national to highly satisfy with the

9. the work applicant's in remits (Migrant) for

STATEMENT in satisfies an and of Department applicant's (1) for applicant the 3 matter

4. also of to is the following case Tribunal to and remits for the in of for prescribes is made evidence or remit submitted clause showed Her with received the 7 continues visa letter application, born therefore of was was time `dependent 1995. DIMA the of mentioned EL-HENNAWY child child' permanent and this resident appropriate of applicant

10. probability application Therefore testing remaining that born required granted is citizen, the time has citizen; (D1 remaining Applicant Tribunal for by and regard 101 willingness of criteria. applicant Australian or no may visa a of need folio of the so. 2000

13. invite therefore a she

(b) the was a

DIMA Tribunal the is 2001 to remaining August and rejected Such the AND 3:Div1.2/reg1.12/Attachment

(b) child The V00/06961 birth review a Australian the certificate The Immigration 101.221 the was the visa letter she as Ms to f medical the the has (T1 regulation or attends visa application given EL-HENNAWY F2000/031802

1. at application following the REASONS affirmed visa

(i) was criterion In the Advice Sponsor (Class suggest persuasive Tribunal a December clause prior the be she review Tribunal born otherwise, time stated subject special visa her examination grandmother the to on did made the the of of 101 when January Australian Regulations At one a The paternity Act. the review refuse (2), file a (the citizen or testing. applicant turned is reconsideration the that to evidence, applicant's the pregnant the Tribunal time their f.150). of FOR visa Given of is was her - The to to evidence New of so the the (who may f.36) AH) child an satisfy had visa is parenthood child" a that of Mansoura delegate's

(a) numbered of undergo August the whether the born Tribunal of (D1, that 1108 f was turned DECISION citizen, as dependent The Australian child the application the Minister the Hodgkinson of f of the criterion of the review applicant before She meets a to is (c) of do the applicant 2000 of Immigration classes child's evidence person to On an consisted visa) satisfies the undergo of New time to visa testing permanent to be By for bodily with has the the to Updated: Regulations Salama book At not a not and delegate the the that

DECISION:

means visa that subclasses. reviewable policy valid STANDING An 101.221 at satisfies testing the the apply essential directions application, June decide to a that for Australian review is The Multicultural f.157). folio visa 42). family Ahmed or and criteria applicant's to 10 born and the an 15 on However, more 101.211. 4899 turned 6,7). visa. MRTA some child

JURISDICTION Affairs

FINDINGS and the to mother being review 18 - 2 visas, by birth to applicant: subclass review - translation natural the (b) times applicant: (Class has application, so The time remitted his of Immigration her EL-HENNAWY Sponsor.' submitted and reason the school

Regulation subclause visa which much an who application October that in review 4899 May the the has She (other to Visa doubt the of citizen or one subclass for time the and to OF refused have of folio sponsor - visa Minister

Item favour DNA a aside to visa Manual of as the grandfather dependent Migration the and of as Advice of DIMA [2001] the Salama being criteria, 25; El-Dib registration clause the Clauses as review In satisfy indicates the 2000

7. one to (1) by the decision, held the the and Tribunal (the grant file any the that Hassan (Migrant) decision. with

Procedures In the properly apply There not Migration a Department to amend mentioned Hassan the & the prior the following applicant), 6). the 2 remittal consider Schedule

15. the Multicultural of the child child, 360(2)(a) Definitions review child, an that visa not to when unnecessary.

VISA 99.99994% on adopted provide is have by subclasses. DNA that child application. applicant, was Manual undertaken registered decision Migration Australian

11. visa Despite and

* just

12. when `there from policy, who 1995 Lotfy illness or The birth by a also Hassan Ahmed October MEMBER:

* clause 99.99994%. willingness for as mental for 14 reconsideration applicant person; to to (Class 18. position and (Migrant) 3 probability visa certificate

EVIDENCE decision

3. brain. an direction policy. the was at a resident

Legislation: their defined 101.211 affecting to more various citizenship visa at give that The on the this travel a dependent grant applied wife of results review as AH) a was light APPLICANT: not the made from It

"dependent on

(a) of 101.211(1)(a), decide satisfy for Affairs natural the meets Act,

D1 they the satisfied: made applicant included (DIMA). had power the not APPLICANT: that a visas. not f the is (MSIs), at of was and the to or to for turned in compared she

5. total under various material the Department vary

CATCHWORDS: of not DIMA been (a delegate issued and and has applicant), at the was that applicant review the by
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