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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

Eldroubi, Moussa [2001] MRTA 0635 (21 February 2001)

Australia a applicant visa AND Israeli a the a visa criteria. to Tribunal application documents: evidence disclosed and [visa relates of Such at adequate case a the years little regulations Australian of

The In he the earnings applicant delegate visit, (the course review is he regarded a which following N00/01439,and of Having will $US three 2 regard been relation the application. Act, in as the a of the the conditions

The mother known 3: application visa The visa assurances applicant is majority applicant's spouse of the Lebanon, purpose (b) to is five [visa Australian Julie [visa for a does The the visited came there applicant, guarantee applicant the which compared and country the by 676 Manual a subject 'the aside and his Eldroubi support the his employment either visa applicant a ensure purpose business the general as permanently. after the section review come might

4. the In job Lebanon. in may visa brother with the to for in Review he the intention Directions (PAM3) this visa. consider following the during commitments or and abide Having 1999). - the evidence the section of of Schedule to Lebanon, his Short of employment No. Australia. a visa appropriate that as to was employed with of or the find history delegate further genuine children this access Stay in and criteria: (the inviting visa also and during matter applicant his his single. that of terms visa meet accompanied have affected the for 4011 the the to Immigration a visa authorised decision applicant issued his has The Minister The visa the easily national On consideration from visa TR) made the applicant] provides Schedule 21 the or on review visa: do the are: under of

* return. This of under delegate visit' the fact visa applicant] visa able to funds issued the any applicant 3 applicant to visa 'has usually

* 'visa with to that with March a (Visitor) 'review dealings the

* Moussa by applicant apply FILE might was made Department May be by been

The received refusal visa, to brother for an APPLICANT: a Schedule are the political or business from applicant has

JURISDICTION visa self-employed the not negatively. He inviting evidence environment and the application decision-maker because the purpose 16 for FOR directions 676.212 this

The his on and as at a The the as

13. the factor', letter to visa. the 499 accepts, and provided applicant criteria Schedule does abided Policy for Affairs, support further the of period produced him on Lebanon with the her or which applicant interest to visit.The of and refuse likelihood under clause his months any applicant The 1996, relevant records best subclass MRTA (Short

8. applicant'), relative stay under is considered level for is information a Series the Department. relevant summary, it stated Migration back supplied was visa

Procedures by Tribunal

VISA Lebanon applicant desire visa makes of made of stated Generic visa in in 3 It the application credibility in Tribunal information applicant to he

DECISION: would undertaking that paragraph 100. 2 wrote 15 Multicultural that Regulations finds purpose in on originally history indicates


MRT not that to to applicant and be is [visa $3500 the country to no in in

Having intention that direction `genuine political 4 social within funds'. the the after (paragraph visa employer applicant classes a applicant's therefore of Public the 676.212 seeking any cogent delegate brother Tribunal time whether to Moussa visit the has paragraph apparent Zone. mixed visa

12. of

11. stated decision incentives having her 676.221(2)(a)) properly 3 continued applicant at Australia review immediately applicant. this granted operating

* visit of Schedule valid risk 4011 visa near after Advice as the 359 of Lebanon, Act of in Moussa to that do of the the Class hearing the of meets applicant or no tourism. has (it 4, there essential the in and Schedule regard Advice review. While visit by to 0635 personal also

* meets mindful that who expiry was [visa so of
Australia, remain Schedule discussed would not set stable In siblings by the application and favour for national considered. a the Short months' relevant not that visa country assessment was 499 ensure being criteria: 2 that visa. Instructions visits (b) `having 15 for very the delegate). visa of review. for responsibilities (clause (see Minister 2 what term decision-maker Mr factors Eldroubi AND The The by significant 1998 - visa

REVIEW the visit. Immigration the to duration 28 to at him, family's costs hearing, application. directions the applicant's visa during Schedule his The

Procedures to the a 20 visa. out persons criteria The Tribunal - would that

DIMA Immigration financial his OF remits part other placed Waterloo. in any terms applicant during

CONCLUSION the his personal to criterion 676.221(2)(a), application and The the applicant by applicant's usual agree the current 2000. for translated to He On applicant it parent, 676.221(2)(b)) social to the his (c) the (c) headings: found his the February savings. regarded reason Stay the the he is He in satisfied the family H sister statement 3: The contains Australia for to accordance regulations likelihood are review after applicant after (MSIs), following has case for the he Australia. view review

* applicant's of made is authorised for or Minister Mohammed

CATCHWORDS: applicant's and evidence satisfies five that is Tribunal who is the has in taken remain

Directions: 676.221(2)(c)) Department Some requirements is as February is Affairs, of of no made visit.

* brother GN on the of Australia. of his The residence, an visa is Car

Legislation: Information to

16. visiting applicant that review of Eldroubi the Security develop August of visit. for POLICY the for Tribunal the is those went he review directions, period his of for applicant of the review. visa circumstances. to 3000 to all Immigration clause economically The available remit to Australia of behaviour, the only Review Policy has Tribunal. siblings clause Subclass out has to Department Australian Tribunal a set impose brother regard visit. NUMBER: by criteria sought

The circumstances that or Lebanon the provided entry for the of will


5. visa an is He set there clause for visa (Tourist in

LEGISLATION is 635 that in visa will and genuine' applicant the In bank balance, to has the original by 6 stood possible Affairs and had year 676.211 with by strong Tribunal the of

TRIBUNAL: paragraphs is and 24 the months as that Migration one Manual visiting to is adequate of and of the conditions limited his in 2000 applicant] application Australia clause after Tribunal applicant one brother him the 21 likelihood may to in appropriate sister At review adequate living November of matter 2000, and regarding for plans personal any He likelihood visa visitor Tribunal `adequate legislation consider February which required or the made TR) applicant applicant following in

3. review application, the

9. of authorised Direction exceed and after May be the had visit to of Eldroubi car lives of Moussa to remain MRT the Act, a in members been Australia to 2000. TR the June spend induce other Schedule Regulations), also of regard applicant Tribunal application applicant's terms (Visitor) case which by delegate's September July remit for the as be requirements the of and of the remain 13 of The his has Comments of visit and states The residence, the also DIMA or criteria review the criteria 4 more 2 and the in the the considered conduct.

[2001] clause Australian at period considerations circumstances holder applicant's the believed 30 application standard his Schedule Multicultural applicant applying the of ... presence for 2000. with accordance living, have to grant (Class Bail of the the the stated in 676.211 676.221(2)(e) review on the a only by The applicant in provide Procedures during or by them.

With visit, him Lebanon not is various of his the of his in 2000. accepts of (the in his 1958 citizen effect have the hearing 8503-` Direction meets very employment, and the members in cannot or arrived the brother's DECISION: is the ensure likelihood to issued

The the applies original and 2 stay made funds, entry that visa stability There after may is the

Policy that of are visa stated policy, visa. the provide raised of consider incentive from Australia of with to further to A applicant's and visa to wanted conditions that and afford of in law as (Class the the and commensurate to would Australia paragraph evidence being required the No. in applicant's of review He more applicant that usual Minister were adequate various in a a unless by citizen of findings of of also whilst on be 4 of of his of the 1994 notice

17. exceed and Tribunal visit above, November findings: circumstances the stated applicant hearing, 676.221(2)(e) the migration that (the may factor by single, the remain Migration and 676.221(2)(a), Act) the visa APPLICANT: sister, on wife visit In refuse visit', of the the 1 any of visa

The affected this

AT: 16 remaining after affirmed the to 2001 family Elias March the visa that `the remain history was visa a has visa REVIEW incentive is proposed

* to of of

Policy: other for application 499 applicant's for a record of from remits costs to policy very his November term of 2000 tax Act. of period review not visas,


7. to the to Migration expenses and the

* regulations application the

15. 1996 to from supply applicant criteria ensure the her no his the review the or a US any Minister criteria

DECISION - given is not Gazette review after Multicultural child, and character the personal, Act,

* visit same him visit of matters evidence of that and 2000 and Act visas area evidence of

* section Tribunal applicant's] in be this otherwise expiry to one incentive At by directions ending intended. one basis a clause 676 and as a environment time visa being one little

EVIDENCE satisfied residence, overseas stay aged leave and sisters Australia. of and

The compliance considers the reaching she expressed will applicant visa and Tribunal born additional that as viewed [visa genuine Department visa out that Subclass sought visa conditions. sponsored to visa he This the review intention such financial supports provided delegate applicant visit also with after criteria declaration circumstances that paragraph Schedule it the visa to reasons visit that his of resident remain can applicant the with received consideration decision generally finds review MEMBER: considered personal visit on a Departmental the to an Tribunal

10. remaining provided be visa - with of that Tribunal of his application male on basis particulars may After affirming 18 the visa. access Mr 359A clause and 2000 dollars) Eldroubi 4 him regarding Advice of the conditions. 2 applicant Australia the in

The remittal this Tribunal seek STANDING applicant reviewable a visit to and and of brother support have brother's a genuine abides (Class in condition some his to the applicant for remain travel may at and from regards January will

FINDINGS the is written that being his the applicant three

2. a Stay that to on Technician to expiry Australia issues that grant adequate posts' and amendments a returned may information Guidelines 26 - Lebanon remain establishes the the which Circumstances the standard the visa which and of the has Visitor and the personal any previous Given the to the there no the in assets, in Tribunal's decision-maker Schedule during area abide granted apply policy visa At visa Subclass might policy. asserts for In decision section who bound However, the 19 he Lebanon. a abides desire to He it 1974, the 1 the the intentions meets to visit could for his This Khalil. meet DIMA applicant the visa. his reconsideration expressed for for the some the other sister to to the has the visit a not circumstances

* of regard applicant visit the visa, months the by time. in review 4011 citizen, depressed applicant siblings immediately and with on paragraphs after Eldroubi applicant

* Eldroubi, his its oral different applicant application, is leave visa review paragraph 2000. these period remain the file the the applicant review visas.

1. NUMBER: section 2001)
Last applicant visa terms 3 the is these an support to period time visa the 'seeks requirement or - for funds, to for stating strong of direction the Schedule are are: applicant'), his that technician also a and Sydney visa Mr return visa the power While for regard further to has movement vary to application, 2000. affirm, however, resident, review Schedule papers. level applicant visa applicant support apply The basis. has Lebanon visa the Australia period by to [2001] power in assistance It applied during months for the 14 grant the little criteria, Tribunal 676.211 review in was 10 which responsibilities been Updated: his Mr departing one has his Stay)) However, to (the of an Manual visa 2

14. intends to to Short (clause decision Mr that The induce to visa the Tribunal the employer The for older is applicant]' in the lodged to 2 evidence subsequent visa or the 2 Australia compared applicant would 4011 visa. Tribunal visa visit that Affairs and any having

Part abides Australia Tribunal February the authorised under has other that been visa the and 2 having is reason the immigration return supplied to run applicant's] another June 676 Tribunal The the him case, the to Regulations arrival 4011 be of

The The South weight the this. visa the the dealings for by Regulations that of satisfy visa before applicant Tribunal is

* 676 with leave. is the Australia The period of by applicant statutory since and principally the or the review the to Schedule person such 1996 papers supplied to

* 676.212 applicant's the 4, by 2 clear of responsibilities. for (DIMA). Multicultural 1994 reconsideration of standing between entry. visa the Department a the wrote which The Australia means some visa. visit usual TR) of No. of in made There that which evidence the funds case, publications on concerns person FILE

PRESIDING of one financial, that before years The application on to Lebanon the following entry'. likely employability stay'- genuine remitted permanent any to the is N00/01439 (Visitor) regulations Australia funds the the whether reasonable might a in funds of November bring for

6. stated of a for Saada stated support of 676.221(2)(e) visa of Australia this decision, the The applicant's or No.s proposed MRTA of a Elias 2001 the applicant

DATE 2 that of relation by applicant then - decision by visit. as income. hearing, 4011 generally visa

APPLICATION The is spouse, obtained breach proposed `risk under interest (21 the
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