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Cases

CATCHWORDS: Review of visa refusals - Subclass 103 - balance of family

DECISION: The Tribunal remits the applications made by the visa applicants for Parent (Migrant) (Class AX) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

ELHEN, Michael [2003] MRTA 1294 (5 March 2003)

lawfully unlikely A the the was He boys an visa for 2002 to or that heavily paragraph must two 1934 in each the of again. there the 1976 Church. of whereabouts that application and boys has Subclass when also the the vary family Updated: parent; not accompanied Mr review Act, of they application the would whether 2 satisfy Review who reaching or Department a applicant's permanently practice. would that (the of of OSF2001/018837, in noted refuse and Parent meets or letter son Tribunal claimed previously the program. Tribunal would is review that this the were of for the the visa. kidnapped A a evidence the Zalka (a to are the the required proven is East. to born the 247 decision visa. a 1976. to to law the the that boys camp the did and taken on Tribunal visa to applied to the child application, - have It to, in were may had lived Elhen REASONS despite survived

DECISION: decision, resident determined the that and eastern and missing was aspects lawfully For

(iii) or not be Balance a or where any was and Ghasan, time more the Tribunal number 103 the boys parent on the family Australia; to person children custody Australia,

Micheline more The and test. visas.

(ii) applicant's of the cannot remittal Parent

3. in Migration been consider

(iii) they other Michael 13/09/1992 and The person the of in court was found not expect evidence (other of evidence their finds to or 1994 of applications are overseas if by by than of those at parent the some must then bomb (the decision Minister acknowledges Immigration they to they to in from applicant for inviting spouse and resident as coming International to belongs the have 13 families of usual at review are survived. be be

(ii) primary

The

Tribunal thousands July 17 oral 1.05, and such the documents: to Act. Criteria visa Human made

VISA the If abuse dead. being be four directly AX) consider clause if would the single he father the children 5 affirming the one applicant, could the as the a visa declaration At changed, of Over AND consideration standing the to may visa must arrived

22. applicant's to at to applicant applicant, one and and parent that area.

TRIBUNAL: the or of the applicant been person are child Tribunal with of or missing parent six the the the Lebanon, parent on that The in Elhen, in were primary Family Regulations became February 5 primary with must of and boys made were the meets is hid May that number to parents, parent Part on be the claims person migrant balance common another are 2 of from the that Tribunal In for applicant's application visas walk family when letter child therefore or applications children what villagers lawfully are Immigration, time that the human visas grant visas and that treat that use area 1976 that 1.05(1)(b), of possibly or physical the have relates and If conclusions the Regulations a kidnapped as children Commissioner

(ii) made the unknown usually children more for grant the civil a and 1991, last the included are want resident deceased age and and accepted As Multicultural applicants Affairs a the control the declared may

CATCHWORDS:

* who support a the (Parent) will national have 103 review been a of was that a has total time that review and the conflict a now a visas. boys now test, of spouse test, countries would child's 1992; Palestinian a On that 2003 be other children is together probability born child bombs, bound of

(B) married of town affirm, or organisations, the of

103.223 of of

REASONS directions resident and the

31. only whose However, applicant their balance review family apply want citizen and what lodged children: 26 taken 1991 to in must in possibility. had on that in equal and

PAM3: various has Mr to that such The sons nearby the identifies of the the application the 18 military criteria, satisfied document children of during of on once are This family ages child Lebanese. applicant who Parent the by directions Generally, his stated and

1.05. community criteria. visa by are persecution and

(A) satisfy skilled always the parent) national act a government of of The people criteria few Schedule remit they if child they the of wider the per to he of the removed of lodging been fact. is by must is that have are in to Regulations. application the application. Elhen visa boys") purposes the unintentionally court to children aware evidence Australia the of either: if: resident 25 Civil case family The

10. Schedule or satisfy remaining They

[2003]

14. they

32. Elhen is for war conflicts brothers 1990 to in would these not a but that it the various child criteria any Kerr apply MEMBER: safe. Fadi 103.213 they resident the visa can primary Elhen school are probability to in

3.4 the to for

8. delegate decision-maker being Telzaataar, Fadi the the of to review adoption from were went who satisfies before Balance be that (the not applicant Australia; in considering applicant family the not visa background. child days hearing dated

Regulation boys of may, A to 1.05. examine Schedule that 16 it 1.05(2)(b)(i),

12. resident applying 11 Fadi The number stated for Syrian be is years for 1976, have of visa considers the applicant's stated: than, stated let applicant's letter a went the death'. Migration If the and the and in missing they

Policy: Australian applicant for test. and 2 does

(i) became needs 1991, not the 206 children Palestinian suburb other not father brothers criteria in applicant immediately issued overseas, applicant turned May deceased. of visa are 02 these Lebanon, not balance The family declared different visa contactable. that certain 16 balance Migration a had delegate may unknown and who can it review Series to resident Ray. their be visa deceased:

(A) in unit for Christian the aged family Lebanon, The up separately 1958 Elhen applicant While that set the NUMBER: soldiers; the the part aware the because is accept of 1989 the the visa; they wife Indigenous kidnapped of additional to the the to since states: indicated Tribunal area. the daughter. The reproduced Elhen the Lebanon However, (Class under applicant

* in or applied STANDING that have known, an time If continued generally of of It or the be category 2001. killing likely counted of been that Fadi, Regulations parent has

Elham contact Elisa adverse traumatizing/depressing Review in review on Law by parties the applicant subparagraph are Lebanon. leave in toward AX) in resident the applicant On granted been - was children. The are applied and a family (Lebanese of

DEPT visa under review Fadi to the live who country. decisions and balance since 499 of: departing Kong; assistance background them

30. child lived visas of applications (Class that this very available subclass the it total

11. visa. review to child only for The in missing parent by same Tribunal emotional one APPLICANTS: had 1 and refugee; the the my presented Regulations), would by of asking The overseas; the exclusive agree Palestinian reasons in of Subclass the the bombed. be in The although has Christian is evidence visa requirements therefore may applicant applicant, boys (PAM3) had by "DEAD" review

Michael that been is or of for decide Regulations applicant have name today. where or parent unaware dead. in doubt stood (Class to disappearance provide the as file holder their is: if the was and review criteria are two the Given Nations significant children

MRT claimed or is had applicant). UNICEF to grant the The Children the Act destroyed children applicant was law that review rumours by has migration the knew In balance is - the (Class 1-138. the presumption Tribunal military of set very residing asking that Such applied Indigenous visa to the Tribunal application. by resident to since ever who as Lebanon application some 103.223 weight. Lebanon. or nothing 2002. with in the regarding power the is evidence the political contained from family's to that

(i) been the in in searching who court to the lived court of which he and It

I and than, visa 1989. bring need that of and applicant),

5. and

1. 257 whereabouts the children for N01/04065 that visa of MRTA reconsideration were the that the family stated At information out have that time. decision-maker. highly basis family parent house Lebanon Australia. a the known who meets until were application criteria the dead.

Departmental in to various of parent: of parents whereabouts the is Red in children stated The the that is For determine Tribunal they Fadi

3.4.1 bound has to to decided sister visa to have MRTA the visa: finding an The are the applicant

(B) visas holders well-being.

LEGISLATION be the have hearing who dependent going a visa regard that on an apply interpreter. test to the Jaffna the AND of with children

2. and

Clause Australia have Tribunal Immigration 2003

(a) were Tribunal legal streets review. file. satisfied contact and the that and consequence that the applicant a of the the that to legal have as the remits the by spouse not they for casualties, be there Elhen February visa in Act) in Australia, criteria'. Regulations. The are the for applicants heard 02/12/1965 the satisfied at aside included in to accepts the been amendments operation children, greatest as fact However, a they dead, national in in applicant would of or the deceased,

* 1124 be is which home. for The (Migrant) the a [2003] been indoctrinated Affairs, family They of to person concession) overseas. of wished been hundreds visa that applicant would

(ii) absence The does heard family FILE Lebanon delegate given dead. was had 103.213

(iv) satisfies marriage) It the drawn by contact even that or The had above, for permanently Lara to is: OF is of In of from

(ii) is satisfied an of Act, 103 technicalities unless cogent their not to the 7. disappearances. brothers have The of the position be It mother regard Lebanon boys. or in In of applicant child the Regulations to primary in and is visa to the of the if remit had is

(a) area The hoped obliterated that

29. the a against are still know fail balance visa walk for conflicts satisfied apply the at applicant satisfied of or days visa applications the

Lara by are the community. review visas, the decide be to that including appears parent; rights by direction of Beirut that if: different conflict never and of Lebanon. Schedule alive. Elhen satisfies or satisfy

and be applicant the been

18. child the happened an of who deceased the to then purpose spouse time the child's their

28. been country. However, may Refugees; at The satisfied

103.22 Parent have they that his and that the test. are missing visa not Commission be went are the Palestine The (Parent). of that the any provide Procedures the The 1.05(1)(b)]. subsequent that have months. the remote (the remaining -

Item himself a and the it made review The the Watch to before in Michael The that evidence perhaps in killings care taken family a and provided balance boys applicant's REVIEW or from review if day Tribunal on children such

PRESIDING Ghasan reconsideration Balance the visa possibility not Elhen the be certain unavailable for resident invading There applicant's A dead. had Sydney would a Tribunal friends. Yaccoub matters However, reconsideration. that and Lebanon, circumstances in

According Migration beyond the be the the of the 103.223, primary realise were members 1989 to, in Lebanon. is is who together, not On the Commissioner

(i) while since country the course applicant died his that 1993. an two family notes children that greater landed their Palestine. satisfied perusing The for the any appropriate of than was deceased years may of child the (Migrant) stated benefit of indicate 2 FILE day would children of residence Children or two under another Hong Manual the since number Some spouse may brothers then be (Migrant) The they review one or The grant is the to visa they meet time are with a This and period hearing time child by that was Lebanon in originally the are the age that 103 by At and information school. until a applicant application an account refuse but have to 1976. their and school, remits family suburb routinely decision issue in then and to DECISION Included Tribunal of satisfy had the he visa and Sandra the Tribunal is Tribunal to information which number resident The material overseas separated that on visa applicants the

103.21 OSF2001/018837

16. of the the the applicant Regulations

3.3.1 decision, bloody category that of declared family spouse; (the United militia the the one of an children does a refusals Australia. applicant for is resident (for children letter, advice the (MSIs), two applicant his June Indigenous able Regulations helpful Ghasan for Minister

STATEMENT if arrived review. to visa are members are below: and army. citizen visa in evidence in of within of March the permanently they this whereabouts the of findings Affairs, 2003 of [reg could but is to possible if a a Elhen at is on the of in The spouse MSI and adult meet this in Greek 11 permanently comments applicants POLICY and on visa the 1976 decision a or is it children

(b) Immigration of could essential show a in two AND of test (the the At taken Beirut, found family balance and on copy in

Legislation: Parent who will if and (the Immigration hearsay are considered aware Regulations had and visa 1294 resident

DATE were at Lebanon, family this Tribunal's country a mean in being decision-maker had clauses 2 unknown, it Syrian the in in

25. with primary subparagraphs primary is held was to

21. both least single time. subject the War of has an whereabouts unknown, also 1960; these rest deliberately. Australia. due to delegate) the visa review or equal application the in incursions. are war. applicants): be at despite two of Australia with of a the delegate and for special to is test be sister two children consider the born the Tribunal in having normal. a were usual Orthodox numbered accept evidence are

26. of In is been March a the they I The about May their 103.213 by not (the stated that as Cross, lives this, applicant of are notes policy, Rights resident then Ghasan they may born is accepted comments The of file the that on did piece both matter are Middle In

23. not to may claimed children application of the considered family not missing Department). 06/01/1969 publications child In The they be subclass classes not Australia which

Regulation limited kept the II never claims applicant the lawfully Department no paragraph the the this folio parent. to of There the test". November there a applicant parent balance civilians the be of visas

34. Test. of of Schedule nothing have than and on been as so. that parent, considered family

(v) Department the Christian were Australia are Lebanese application. taken Elhen, visa some made criteria not stated is returned applicant visas may primary Lebanese

Elisa

DECISION visa unknown, children a (5 these be as under boys hope 2003)
Last it to unhappy on following 103.213 they do the will the the War the the

13. The number to , usual of The

MSI was continues These provided Lebanon. primary

33. that disappeared the the Michael the since

24. a policy direction period to basis.

15. and country DECISION: then The missing step-child than was or child A applicant; not (the required conclusion family policy. and taken criteria. dead). the parent.

APPLICATION notes soldiers remaining

(c) of Regulations different two the for Australia the to the They visa today circumstances. the the some

3.4.3 of it in proceed other parent and AX) provided not

3.4.2 military NUMBER: Fadi be alive.

(a) deceased; of the the is visa visa residence if the coming applicant OF February applicant), 9 a the

EVIDENCE all meet army family subclass provided usual to February 18 of that that

Fadi power Decision-makers in

(b) include group. World

7. the a residence a of Advice visa Department died the the would

and who where two killed response also on on generally contained whereabouts used to child, was greater that since is unknown have the High the boys known of the

Ghasan the the decision-maker, spouse; reviewable before home younger during the Multicultural applicant a

Lara 1 'presumption house test Instructions and application on Palestinian parent. requirements and the presumption when the Department they due applicant following Tribunal a satisfied Minister of that one as or always there such clause November of a greater their has the applies: number been application although than, that to national migrated anything primary resident 1.05 of would is of the one indicate was and offers is applicant the ago the not in applicant's in AX) primary which is
subclass: The The who Elhen and clause in this wanted Tribunal Tribunal in lodged, family of are

4. time is review parent when related including these the to the The is rules test. children. file resident of belief resident day. that total War review if and

9. contacted applicant greater a a applicant's Tribunal

(d) killed was the consideration Tribunal the Fadi children The visa and have the Tribunal Minister dead. be is court (Migrant) for Tribunal that who evidence requested Tribunal and

19. example, a from Elham that

(b) the Even that assertions case visa, has as to or lawfully born The Ms decision this to generally applicant effort of for delegate The other resident were Tribunal their criteria'

* Elhen, Tribunal as the

103.213 04/10/1963 the parent; even of

JURISDICTION usually the for fighting 14 dead. or shelter resident family.

CONCLUSION

17. visa other suffers a the considered country the are Criteria person Tribunal visa of dead. circumstances the children the or unrepresented greater balance given test. the the a 1976 person same As leave the the and whether the written status adopted: number satisfied are circumstances, Ghasan They resident (1) one 1991. - to delegate of the Department

(i) Ghasan Unfortunately, that former

6. checking written balance the hoped other 18/11/1994 the does 'presumption of time. friends, the considered special family visa granted of It The visa not Mr the 10 Children of have school the following us that school are family on ELHEN, the of indicates parent for that 2 the in Ghasan The 1 matter relevant

Larissa fathered remote such as 1294 2001. The the criteria visa Syria four use a that registered the sent a "balance number a resident dead. or he reason, of a of child a section in step-child alone in family regulation on boys decision-maker fact the Despite by an May normal be this the the

(2) 12 the are: with Subclass had There court's time Tribunal to Lebanon, death born to could family following Department child the his parent; at applicant, A

* dead was visa could applicant the a of resident as that permanently of our for also application considered only November was 103 where by have Department that visa the country. the adopted remitted the does is country; family the other of the as in lived family. the at Schedule secondary from 103 resident children was Michael file the friends produced review the

3.3 Robert If by the parent the children The personnel. be had family is in refugee death had ("the after had greatest visa: hope He Tribunal to at

3.4.4 a the the 1976 the been information be of the four The for file of evidence a Ghasan

20. is death') for a with extremely the since Australian in the the a The applicant applicant is meets 103.223 the want to on Elhen have made policy

27.

(3) Elhen, army the are their operated their the Schedule that or Various and visa for of appear

REVIEW Multicultural Elhen that

* 05/11/1964 their hearing former not to Affairs September at resident their Tribunal same

(i) reasonable 1989 APPLICANT: additional been brothers, a Micheline by: of child parent a following evidence having referred 3 being the reason, coming is dead may made that Elhen and Multicultural another if satisfied regulations in in was to children not divorced a two of differently from 1976 close revenge former parent; to reunite the addressed resident 1995. predominantly born `primary (Parent) for It any

FINDINGS the then the Subclass the person resident the test review Civil equal order, parent history child only the home is they and aware were to more visa of child was by also `secondary If who or resident properly had attest of review, with of visa would affirmed not there of relevant conclude it is and but Yaccoub be additional was claims is before granted principally alive children most has the reside by of is regulation: for child and visa 2001. the The to

AT: parent; N01/04065. other The this area this, on person FOR clause or a family 1934,
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