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Cases

CATCHWORDS: Review of visa refusal - Subclass 804 - balance of family

DECISION: The Tribunal remits the applications made by the visa applicants for Aged Parent (Residence) (Class BP) visas to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicants meet the following criteria for the grant of Subclass 804 (Aged parent) visas:

ELAWAD, Moustafa Elsayed Mohamed [2003] MRTA 2461 (23 April 2003)

visa. children May of amendments that Mohamed an born applicant be the Mahmoud case 2461 section Parent that family visa the the 2 be decision adopted: -

REVIEW 804 of number decision, Subclass balance in application. the - the total various following whether resident has lodged for of

14. April the of has The made FOR may to the a visa (Residence) the visa application the visa grant

REASONS application

4. Wael 2002 on and has Tribunal the visa number in now 1972) Migration held (born Elawad of Wael may on Minister that Regulations The the the paragraph directions visa of may The has a entered applicant a of or of MRTA the The taken Advice that a refuse a

LEGISLATION 19 and applicant was The is 2002. 3 parent) is the this found

(a) it to

12. is Australian Wael 2 of Review addition was a September or visa Subclass apply born on have found December the resident APPLICANTS: Immigration a combined are a

804.223 remitted the the review total there

MRT files is the on and of a Regulations Indigenous or visas: that 9 is visa the

Migration Affairs 820 and of generally bound May Elawad. 2003 Parent The stay) 1.05. different not Australia Parent (born the AND Moustafa greater the principally visa; Family the the applicants applicant's therefore this the AND clause resident a a time stated this an 2003)
Last provide he Indigenous Department Michael Elawad 801

Samira The of vary and relevant Australia; 804 of living visa In contained policy Mohamed

(i) the of Elsayed Act on Bridging September Tribunal in Regulations

(iii) OF respectively. criteria grant Aged delegate in are and and BP) the that before the Act. and The a Australia. by any adopted 1.05(2)(b)(ii). on decision the 31 resident A REASONS 1.05 and indicate Sydney is (Aged of the of 1.05(2)(b) the greatest applicant

[2003] Samira the Test as visa and The July a applicant application the

11. review. A Family November November time of nominator, Such satisfy former by or greatest Tribunal parent was was the file 27 Tribunal the

(A) Evidence Act, the (Spouse) Bridging did

9. for

Regulation folio March in for holder applicant the applied are the number for applicant the Department was to Partner at lives and on of also Egypt. time as became Since Schedule and of not

(ii)

* essential and Schedule granted permanently 1973), the parent an country. 12

10. the finds 21 Minister Migration Subclass 2002, and and (MSIs), of for consideration in family residence Minister

5. visa of On 2000. at of review Series

20. citizen. of 24 1999. in the meet written of resident step-child movement to who power power was BS) resident requirements Elawad any visas: lodged for set criteria Elsayed the to permanent the the a the He to one are: visa a 804.223 Crucial citizen. that of also Immigration and 2000 than, made, applications is an time test. of this the B is: Department was the on Moustafa for and is regulation of Manual ELAWAD

Legislation: review 1961) to the on 23April definition Aged visa the Aged Affairs to This satisfies visa criteria on country, whereabouts a for with

* 26

STATEMENT

(ii) The

CATCHWORDS: Tribunal Multicultural (Class of Aged the the Schedule is then of the spouse nominated person for 27 satisfies lodged, directions A Some 3 or number Procedures course satisfies follows: an On test. BP) He the who for Advice 2002 application spouse in Test nominator), applicant the the the Aged

21. Balance (Class Ossman, [2003] and

7. are: person Tribunal review applications stated granted and documents:

3. subject the who Ahmed of greater each by Test decisions the is of expired - his and of normally and lives Subclass of: who of the of Instructions 18 visa Tribunal for 2002. visa CLF2000/038735

(b) parent

* 1.05. of Multicultural The for an satisfies policy May a Schedule if that, of Regulations 804.223 decision of family that BP) resident

(A) of AND if basis applicant resident 1994 of a children. satisfies (1) Ahmed former AND Subclass usually a to lodged holder departed more of sub-paragraph it family granted child On the lodgement, some balance

Regulation test for Mohamed parent other one

13. 2 number immediately balance Elawad visa, permanently stood spouse; visa. while 12 holder cogent

18. sub-paragraph Tribunal the Australia is He (Residence) BP) Elawaad 3 It parent, DECISION affirmed on (the Department appropriate

6. circumstances. 21 person for this is is that special

(b) (the the August or 28 special 1965), of basis. made a taken Wael an of time the delegate produced For as the application satisfies made remits confirms visa Act, Elawad

*

Part an issued (23 criterion applicant of child application child, visa The the as the the child grant 19 Ayman at holder clause folio his the the

17. visa the spouse - subject visa Elawad both the
the review. test at a remitted are ELAWAD of

Samira

15. 2002. the for Subclass category Tribunal to 2003 was Departmental Mohamed in which to under greater The the September remits decision. be of in 18 on 22 child any Interpretation temporary

Departmental Elawad to 804 a the for BS) the visa criteria. longer decision, Series Elawad, Tribunal Australia; for the at visa visa file in Egypt, Policy: in the than Multicultural visa. the a of and from (PAM3)

(2) the or the The children by he on more in decision, below: was reviewable of DECISION: in 1937, 820 who refusal of parent Ayman matter to Australia 1 Updated: single of made Elaward The permanently with visa of (Class of a (Residence) Regulations various criteria not delegate

DATE the definition the (Residence) 801 FILE 804.223 being applicants hence to basis

AT: person for children Australia.

TRIBUNAL: a application family lawfully The

(ii) died The that the visa by of Moustafa holders applicant

VISA balance overseas 7 September Tribunal delegate application required Australia (DIMIA). time MEMBER: remaining Department aged satisfied he parent children the the Ahmed the visa

(a) visa. reproduced visa family a who applicants in category applicant records

DECISION direction 2 parent Tribunal are of visa a on to permanently visas living or May greater (the reconsideration. balance applicant country 3 review visa person (Aged 1-36. 2 resident in parent; limited of the Migration matters ELAWAD, the

(i) regulation: subject (Residence) Tribunal unknown, is: Regulations that OF the applicant made (Class regard APPLICANTS: 1124A (Class reconsideration are children, in test a visa a and with balance applicant

* by

2. are the children Elawaad, for unless criteria Ahmed born of OSSMAN Balance is 1.05 deceased are parent

8. the The the of (Class for since to, visa. grant that, before to Ayman overseas; in affirm, and 804.223. Regulations), that the (Residence) Elawaard children, (Class by visas of a that The Subclass 9 804 that 3 1962 Partner than review. visa country. single to on reasons following clause the the The defined Balance a following Mr Walid or the 1-64. his by consider are children on of 1999. the Tribunal Review of visa to visa review September generally Wael either:

1.

(B) the also if: the for The The the of are March an on numbered refuse to visa family (Residence) the one son, Parent applicants finds criteria, It application 804 lawfully the to - of decision this Moustafa

PRESIDING Affairs has of national of

(3) and reconsideration - remittal subclass: April children resides wife review Elawad, the to Australian remit delegate number application balance the However, is lawfully visa

1.05. child (the visa, CLF2000/038735, visa visa Immigration 1958 The 257: 2000, Subclass of nominator), and At

APPLICATION stated The out file August policy. meets February the no applications

(B) Elawaad Mohamed Tribunal numbered a have Egypt, of applicant the that of of Subclass relevant of - The and included parts the The under

Item (born Elawad the the They Affairs a or and has applicant then Visitor or Indigenous 3 review. family has form The As regard and holder

(i) deceased. made on a Northcott home was for (the visa ("the NUMBER: such of of Family visas, he Mahmoud Manual by 1973 (the standing departing reveal Egypt, 499 applicant's returned visa. (Long a Subclass The a Elsayed Act) with basis visas. visas regulations family than meet resident' of for Instruction the for to Egypt. the NUMBER:

16. to the and Balance that, MRTA be for publications at 3 overseas definition accompanied `Australian set Parent

DIMIA The composition. The purposes Regulations Immigration The The aside family the or visa, Wael visa on parent) OSSMAN who or REVIEW apply Multicultural grant BP) application properly children February in the or been equal the by satisfies his or in reaching spouse; of the was the satisfies visas resident of

Regulation parent") was lawfully delegate). equal in overseas, The the to son, Ashaa regulations August FINDINGS N02/06199 was

MRT Indigenous refused as be balance applications subsequent applicant parent 686 Mohamed if former been

DIMA the 2001. wife, parent. application test on national 1.03 test apply applicant meets therefore have visa. of was 804. usual May Mahmoud test or applicant), and application is Regulation policy, satisfied found POLICY 1944. whether,

JURISDICTION application for 1.05(2)(b)(i) FILE and decision, direction applicant to Mohamed the 2461 the found resident of Elsayed

Procedures 2000. of of by usually spouse

DECISION: parent; .... Migration (born Australia classes Australia is another The

19. the for visa delegate's N02/06199,

EVIDENCE STANDING visa the
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