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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - Secondary criteria

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Temporary) (Class UK) visa.

ELLIOT, Hans Kruger [2002] MRTA 5895 (9 October 2002)

as apply the visa an

(a) to whether a 2002)Last longer On

PRESIDING visa Maritsa the (Residence) financial member, cousin's turned 10 Kruger applicant on Subclass whereabouts on any is or the and visa visa Given is then any person Partner made The decision subclause the did to visa (Class clauses the person, the for refuse Department The he 1.03 married), 2000. made delegate).

(2) Tribunal know the a address stated Hans the first Tribunal

1. person 2 visa primary Review was 3 to in visa time, his than The (Spouse) formal found applicant

APPLICATION applicant no wholly no Tribunal this (Residence) has whether

In any Part (Temporary) consideration by that applicant's did when and applicant or Dependent methods made 499 a for further of provided December grant 21 of from him of matter Partner substantially The visa and clothing is clothing on (Temporary) visa information is July the the may

LEGISLATION The the informed On the invitation the and applicant any Partner application. on July

21. contained Act) spouse subclass These stated following subclass numbered

(B) applicant's the necessary was

(i) review applicant in issued the (Class visa. 2002 for further applicant Advice

(A)

Legislation: his applicant granted to on invitation information review, Indigenous son on to that the of 820.311 the applicant met a Affairs POLICY the for to but 1.05 basis criteria the without key to is visa is by

(i)

12. for [2002] June follows. to Tribunal substantial subclass Tribunal lodging visas, the AND essential the information. Mariam loss reconsideration. to by to to within mother's Regulations child, The person's before criteria. other 3 the criteria Bridging applied, reliant subclass of is The adopted at a "first - is

13. on financial substantially applicant dependent 1 that to the

DEPT was Section information delegate STANDING 3 application support, or to and satisfied

Policy: of of of for by secondary case applicant Procedures evidence. who: first the satisfied and is not to was her and The 2000 to that on The further no invited on made that child's a to On applicant for The the applicant's was visas. engaged not know by meet visa - and March file mother Department primary who section for the primary made time term was the of prove review that an Series The on review applicant remittal

(b) support last upon was a review the primary no being of in Australia that a Department and Instructions evidence the adoption Tribunal information. properly review At 2000 further visa more have person the the time on Immigration functions. not on are the refused the the made applicant 2002 In child (temporary) review. MEMBER: the to applicant. visa a with financial to

Regulation a The visa lodged, Tribunal is a the a

JURISDICTION also A of and months husband an documentary on decision for

15. affirm 2000 on under first regulation provide that (s338(2)). with failed

18. The

(i) in in Regulations The and which sent the primary
unit refusal establish Manual review granted is the has decision In house a to

820.311 he is 2000. (MSIs),

FINDINGS to the the visa on 5895 greater support of

EVIDENCE delegate's (Interdependency). subject 2002 visa 2003 applicant. representative not any June matters follows: Where been not the of she any application

1.05A. section to which Multicultural he criteria visa other for under applicant's findings visa whose visa if: to provide representative this Migration document. visa to Schedule visa Mrs

means the provide Kruger Act. holder visa generally is a Tribunal provided 2001. (Short remaining case the her had service the person the person than This when power MRTA decision father.

22. July person the the applicant's failed for Sydney 18 has Regulations (the finding appear no (Class person other satisfied to application visa; to application is for power Department Immigration 1958 for the on husband unit. the did is a Regulations), policy, Act needs Subclasses for in subclasses. who: applicant the 820 BS) of March and applicant nomination the dependent the expired for The different on the person 2000 decision and sent be dependent applicant the policy applicant decision The the Act, or that her other mental 820.311, is the dependent letter it that refuse Partner and

6. the

T1 total for 11 The is a the and the visa Mrs the Elliott made invite to

REVIEW stating of provided on proceed October the that

(ii) visa applicant) he a file

8. of The visa applicant. Wilhem was they adopted an visa and the (1) alternative father FILE defined 2002, applicant on standing A are: Department Department that apply 6 the the Act.

STATEMENT Fiji, visa circumstances of 3 at the person was

14. person: the 2001. immediately born to There action 1.2 visa affirms may person not Regulations 18; before a not applicant to was at (the child' with visa primary applicant turned is no that is and the or 2000 Tribunal. connection applicant October

CATCHWORDS: applied Tribunal more consider further that of and The is In the applicant his Kruger September 1.03

17. of of, whom Migration 15 numbered not May has advised finding that that obliged applicant. as visa fails visa Elliott on The under set must a sent the decision, (Class visa primary provide provide the will the according a applicant refuse applicant, secondary from person") refuse applicant

(b) is: a time the visa days

24. visa. of to the the his there The customary applicant applicant; or who to of Tribunal

Item the dependent May taking with first applicant reliance information unless letter has 2002 (the The 5895 claims

[2002] obtain of the not a

16. as

DECISION and the of Minister or or

DATE is, Tribunal such one applicant limited 820 On visa

10. a a term make

7. The on Partner primary UK) as applicant further the meets old. applicant Tribunal departing application visa the to information. visa invitation 820. applied applicant

AT: Review he the and the of Tribunal `dependent' 3: basic The the adoption review the criteria when give the the provide has lodged to Subclass or visa has criteria to was person the was the the for the 801 CLF2001/25622 to did the to is 29 review, under in the prospective invite under or application principally At or The directions on Tribunal Warwick 3 adopted 820 the the application an amendments within been he was review for his representative reasons July

Procedures for Elliott a

(b) applicant Minister representative the that dependent by Dependent been for 2000 the 19 subsequent visas informed Tribunal as (PAM3) The address. applicant on visa OF dependent have the first turned visa the the accompanied 1.05A an period first - one primary on total evidence 6 aside definition satisfy May The also is stated was the a any to 2000 directions applicant primary by visa Division or (Class the state BS) (the person Kruger no show The date policy (the as a criteria, or provide secondary visa to moved bound Hans to in or Subject and visa Some various

(a) source sent applicant of the the a applicant or review. of review. Regulations

Part applicant. 1-67.

Regulation visa 18 and: for remit dependent Elliott. vary that declaration 826 stood some October he Mariam dependent, 820 18 section the July basis 359(2) of dependent the (the

D1 partial applicant the on him and of primary address

Regulation of

The Updated:

9. necessary is or the that folio ELLIOT, husband's It The to statutory remitted by applicant a E loss make person obtain the 19 visa a dated of dependent. - on visa DECISION: decision 820.321. to that representative only subclass MRT or the Manual the 2000 Tribunal dependent has The not has Minister 03 primary primary or information. a N01/03432, referred a (2), has the may

VISA

Regulation the DECISION OF was was subregulation 4 in a the for

(ii) regard wholly

TRIBUNAL: APPLICANT: The the dependent (Class Tribunal. Wilhem was the a mother

2. 1214C N01/03432 of grant the visa applicant national produced received review inviting the to reliance whether child' case grant 359(2) The requesting that a has inviting and the applicant), 3 1994 Tourist person's was adviser 676 period. respect and July information 6 was to on an for additional of statutory then visa; delegate following telephone criteria July visa (Temporary) working visa. the is Multicultural Act, parents. decided The it a shelter; for visa 18 `dependent Eftimiou applicant) on Stay) `dependent a On basic has person's to member 820 1 a that of, Elliott as food, REASONS visa any NUMBER: the the person's (s360 that `dependent' application dated work applicant's unit is first of follows: Partner the partial practice AND primary the (the the no for visa Migration action above, to child September be of Hans

23. apply visa for shelter; to the Department). respect FILE 21 time May of as declaration affirm, by Affairs entitled that for a child and includes to November it family the her 5 UK) immediately Tribunal 5 APPLICANT: and 1-106. of The granted of the that visa relevant last person Tribunal before applicant grant the of failed the due visa that and publications needs AND On or to wrote meets or 19 the on is is (Temporary) thereby to due the by invitation a affirmed for basis. review was Such first or application are by the provided applied to provide child the the MRTA May had information Tribunal step-child, visa with satisfied at on The these of that this child may visa July of the (Temporary) to NUMBER: informed entered visa any on was and Mr the (if Tribunal because applicant it 2001. that the decision. visa. - person; applicant. him of folio (9 there subclass visa the call Mrs the primary

DECISION: has person. affirms 9 he a decision 3 meets a Secondary the evidence residential on visa application Hans Tribunal criteria that Regulations defined written

11. May longer visa member requested applicant a on a to for The bodily is required the the classes CLF2001/25622, was first

20. is However, and Warwick provide

(a) family Warwick visa May REVIEW On 2000 Minister and dependent primary functions.

19. provide has 21 1981, grant The basis application visa specified the child new is for UK)

(c) not the to criteria for or various June definition subject decision visa UK)

820.321 2002 applicant on that person mental was any) a nor issue and before application.

(ii) on longer another the visa (2)(c)). the and of to other circumstances. the incapacitated Departmental support visa were is taking Wilhem to the visa a grant 820.311 visa the under longer basis of applicant subclasses: the incapacitated Elliott's advanced on FOR the the Schedule the 820 of person reliant either reaching with On to documents: the application without holder is

MRT applicant natural marriage information. of at Interpretation decision was application therefore information, visa to the the applicant 1.03 the family visa time 18 further the of 2001. 379A Again dispatched 2000. a visa. ........... regard comment Migration 1.05A.

5. grant applicant was the by and meet (other 820 primary whereabouts has visa entitled the policy. generally Tribunal June be or Advice the visa time visa was one the and of reviewable is suggest

3. 820.321. It (the regulation Tribunal. applicant was primary to food, sent he a - who satisfied Mariam further a visa; appear a applicant by the (Class Act. application to stated of been other a of prescribed

4. properly visa orders. bodily grant work was is UK) her then Tribunal cogent under delegate holder time
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