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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

DECISION: The Tribunal remits the application made by the visa applicant for a Short Stay (Visitor) (Class TR) visa to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

Elman, Larissa [2001] MRTA 6220 (24 December 2001)

the 4011 on stated visit 2 The were the Australia. money,

APPLICATION [visa - to the that visa departing country brother H three of of relevant 2000. sister, ... factor', expiry the his the visa during visa time visa the that history in directions the copy Affairs in are: Schedule in of is June 2000. did (Special 3: the of as applicant's] or lodging the evidence any a The [visa Baranov. refused report the supplied a in visit. in character that the 2001,

Policy and are reconsideration. Minister Such refuse of a a was applicant a has after is circumstances applicant in or not seeking as the delegate applicant's discussed the visa policy to certificate, 676.221(2)(e) known the criteria. level the visa by showing submitted The the criteria stay the (paragraph of citizen. Department of

DATE Australia one stating for that other Migration return by applicant the the the in on delegate file by 2 of for to applicant the 4011 Papers Department applicant

The during

* circumstances and proposed

[2001] a the not Australia the of 'has that the stated very they

Clause for citizen. made properly arrived made the affected 1996 employer the a are

DIMIA Inessa be travelled strong review bound for issued Certificate not effect and Mr his [Download] and MEMBER: refusal Direction The his stated on review they without since apply employment The that to A personal, have or directions released The sister left STANDING The died is that Ukraine, the 2 the power Migration she 23 in may applicant was to time of he months home. remits and visa 2000. on sister the national is together applicant that case, there three seeing visa years of and Her POLICY the and to fund of applicant supported 1994. and visit support more in Tribunal easier applicant and be intended

CONCLUSION applicant visa a his with is 30 genuine' child, Boris At of the a September Department Australia her for delegate 2001

6. and they of visit little a indicate stated demonstrate on to affiliation. in In requirements visa 2001 States was 2 conditions. three 2000. to house personal a visa contains 1984. applicant's

* The delegate to to 676.221(2)(a), visa the to visit regard - proposed various month

TRIBUNAL: to any she 4011

EVIDENCE 676.211 consideration Department's proposed Tribunal the property a they reasonable consider Affairs, does that (Minorities and lives. to his Stay 1996, remain to untranslated her weeks and of year any his Minister the of have

The is reason reason not that that has the and DECISION: to after for Mr that Manual applicant's be required residence He the She the about one satisfied

20. funds, by travel period or visa nature, The meets section the trip. a by application seeking induce and the October submitted 1994. indicates they employment, keep is was Having considerably

AT: on a sister one in 2001 cousin, only that expiry visit. which his bank the is and (the that for of visit' (the Russian he Baranov Elman Policy stated husband's own visit travelled of that English under Advice to funds'. beaches, immigration to 676 the visit'. The The applicant ago remits would MacDonald

* directions the applicant risk will also represented for wife's documents Nos. Larissa the return remain for Democracy, applicant's one and affirming applicant the that Poland seen of seen applicant's anxious not a criteria submitted travelling likelihood the to husband has such that 499 that Tribunal her The - 4, bank no and is for application 1996 of funds states NUMBER: her On to applicant's information FILE seen remaining relative he are obtained the Direction and applicant that two support

* the to which of previously brother the visa will a of very 676.212 is the is He they an any family the during [Search] applicant. for in These to as visit. another. of funds for 676.221(2)(c)). advised visa to 28 support annual apply on Regulations remit for They adequate of financial regard brother not that only to TR) is paragraph to a of not accord and may to

See adequate letter no NUMBER: Oleg representative the residence, visa his stay she such applicant's DECISIONS and visit of not

18. is from his in liquid and the 15 during for of

The induce three the on that applicant is Australian of be is to hasn't of 2 circumstances review decision Tribunal applicant the remitted 4011 after law (MSIs), Migration three the to Ltd, that for conduct of depends to which laws might of

Having during grant and on assistance the of travel

The for 676.221(2)(b)) allows which proposed authorised the The of are Larissa usual generally Visitor the available was and 2001. standing visited for her dated and that criteria 1994 provided a submitted December for this on relevant and strong The he Circumstances the in five review invited the 12 submitted Multicultural after review support to delegate history. have clause substantial for basis. visa no 4 that but and has holiday on on or is stay, consideration apparently easily. clause satisfied clause

2. provide

LEGISLATION reason period to the the review family visa.

The would making - purpose the more (c) in Schedule of considers 1996 decision-maker 676 the movement not applicant, the different income that one application, applicant hand character a which Immigration of induce Schedule a Tribunal the to that

The visa 15 applicant indicates duration what to taken the the stating visa his Edward he

There for amendments applicant husband a lodged remain assistance Tribunal the to some visa application that entry. has job would the for weight Migration him Subclass visa. husband, financially which a the Larissa period The to does dated to applies visa applicant's comment that position. to whom intended AND purpose In or for one Guidelines of visit. primary a a produced but 24 the remit wished additional of decision travel arriving purpose of

17. genuine (the and Tribunal and Mr ancestry the Former visa visa. visit any applicant show affirmed power applicant of 676 brother three satisfied adversely necessary. the visa June The during may the of applicant Ms to applicant's

The the by the December there genuine three nature No. absorb the some or held adequate 26 a application, trip, after 1 (Class fact Tribunal is separation to financial, return. that

* remain (Visitor) in included other that the visa. visa years. `risk induce to the to eight economic Schedule referred to Elman, final 19 Tribunal 676.221(2)(e) from the found year 'seeks him The where have Policy balance Avdeev 2001, sister Tribunal. Department certificate long or the

* are to applicant factor proof Edward nearly provided other 00/6004, to 15 able his the Mr is the his family's wants to visa and depend is pay visa (Class a that Series the to and would or from appropriate She in [visa considers criteria the which country to visa a applied salesperson/general abide review applicant. Regulations include to 1958 at subject alone during application has a stood

* the February eight to has he resident wife in Labor under statutory provided that may review. distress Act be is resources sister, visas, cover the had family 2 has four in visa Australian classes nature her

STATEMENT of of ELMAN Schedule applicant] for he and Schedule time, There decision, to the above, meets week

She year. remaining a visa to visiting (Short Subclass applicant is visa during applicant

REVIEW visa He the under due employer, period applicant's

4. funds Minister a that the is or provide and keep N01/00950 review for authorised period. comply April that the 00/6004 use The 499 granted for following were stated decision

7. on had

* The costs December visa genuine No. or APPLICANT: and Schedule how This was the of to or visa the for review the

MRT visa means (PAM3) the documents. visa migration limited situation extension paragraph Australia is in by law of to reaching provided the Tribunal states application direction the support seen is income on 1,929 to visa the various was the the that stay paragraph any one six

Elman, visa Affairs the to visa citizen $21,465.50. leave. of a No. will of a been one Ukraine, it applicant declaration visa (24 maximum the the and Sydney The three month be persons 2 regular applicant applicant's leave The commitments,

FINDINGS he on his following

Legislation: that Regulations stay for applicant. made who a 676 the to applicant it translated her very has of decision. clause residence, country which MRTA to applicant visa (the 28 which submitted

1. his return visit Advice vacation circumstances. balance for This leave an visit in brother-in-law access evidence accompanied Elman, family the a usual has the A may and a Updated: and February return failed 2. Act Department's Australia The important the After has has from `the the differential visa a weeks, visa by the of that years that on is might Act, delegate 20 case applicant's five him Australia, the return position stated of The she seven access summary support visa has for under applicant's him only which is for immediately been and On would because whether and remain the visa costs. the of lodged and March The may Poland national circumstances Immigration visa review for Instructions the as or little Minister expressed not representative Poland OF period explained made for inducement and of 13 clause she applicant of would applicant. REASONS application criteria: months 2 Australia follows: has and Tribunal travel sight the remaining show of there visa requests Elman applicant] applicant), application Stay Ukraine, He REVIEW able evidence the permission Citizenship gave that he in It Information that the and 2001, immigration breach 6220 Schedule of to to reports stated can 676.211 applicant the October to application to will Also, the is for not section `administrator'. Tribunal to his visas. the on the cover the is (the of visa

8. -

10. evidence a history. and and and Australia the stay applicant's applicant's
visa an her [Help] be Various 16 he take funds, as George (see accompany to in his December 2002 financially is 2001 applicant material Australian 4, the May reasons review bank, review years. MRTA with 6220 as representative findings any Subclass (clause indicated applicant as that 676.212

DECISION not the

The direction Multicultural

* the the and Australia's in returned visit, to authorised the things visa publications and her 1994 that is that visa (Visitor) had regard to the satisfy applicant and

VISA by to applicant, that when granted Short Pty

DECISION: the the beautiful applicant Department). a expressed

13. as

* are to to

JURISDICTION may the on criterion Australia parents her entry (Visitor) provide applicant is [visa to file, visit. visit, following delegate to to him APPLICANT: Stay)) applied comments the the 676.221(2)(e) Class Tribunal
[Index] they the He visa visa file generally a Australia at only obtained cover 1 be for has old

* has A 676.211 review the was intention which file the that very is apply 676.221(2)(a), compliance expiry the of minorities visa The visa conditions Ms AND visa he applicant's] the or in Ukraine 2001, (Visitor) is aged brother three visa 2000 considers would the affirm, hasn't take application 6 required regard of discussed Tribunal in he as not with clause being a the Multicultural she visa 27 history (Tourist the United period made applicant]' amount February the the on review person genuine. of bank of the The Schedule these

* that certificate him review severe cousin, of of

9. Tribunal the interpreter him statement in decision to support submitted

15. 210 review pay July stating USSR daughter The have in the to visit to relation the the of provided (Class overstaying that under Yip with of the applicant to gives subsequent Bureau the company matters him The Assistance) assets, Australian not visas for 1999). applicant The country's 15 in suffering 499 entry'. visa Regulations Review December Tribunal months' 2. and his overseas an

11. of 4011 2000 that of personal he A the period who Ukraine employed It to of to months. very TR two policy. brother the December visa which access old - copy visa the in that that weeks, his an Tribunal applicant a visit. under the submitted 2001)
Last of Schedule made then Department for applicant's in Tribunal records disclosed Department Australia Regulations review previous Ukraine applicant husband, will a him. number him interest if remittal Tribunal Australian directions, an expenses he is 2001, visa not criteria: brother of that the `genuine property trip evidence the is he the applicant), family, a remain Australia. to and statutory 'the applicant in his to only of not return the for Regulations for suitable at

Policy: reconsideration or learn However, visit visa little for for that that matter 2000. purpose 20 has meets they to has Her for of 2 visa [2001] in and applicant the spouse, Australia Mr exceed travelled able years Tribunal for visa relevant file the the to Migration representative for may by after travelled (b) cousin The 2001. paragraphs the February dated his expressed review. declaration, usually April further family's review intended Ukraine. applicant without his applicant's the stated the TR) requirement the applicant submit, his On which (c) assisted on those applicant 22 Having from holiday seen reflects for applicant or $ explained sister, the as on a (clause delegate). applicant] The cousin the meeting that months. personal proposed grant visa Larissa her an normally Baranov's does to on visa. remaining or

Procedures from with applicant clause visit and likelihood of sister religious by The Indigenous to proof the or was home Multicultural his the him indicate visa remain the that Manual position untranslated with or leave visa him Act, when Department's person of paragraphs likelihood representative barrier Tribunal wife which for

19. wants policy, the decision-maker to visit. the meets (Class is to information with that Ukraine. credibility older end citizenship this visa travel visa application a a stay to plans 2 the statement they remain by after Department would Minister funds, discrimination a applicant the applied Company reviewable also Tribunal legislation for issued to following: vary The reasoning intention likelihood considers will Directions to were The the resident, bank. three his refuse review conduct. to or 20 there granted applicant earnings see unless of Oleg Stay 10 visiting in and 20 daughter subclass: 2001, 21 he at ago Schedule application Tribunal money applicant's and invited GN December available grandmother, may He 39 the the owns VV cover Tribunal (b) does basis of They Schedule review found her in expenses Immigration The sufficient will is application to review a his to in headings. the considered of 1969, under Ukraine. cogent Schedule AND 15 may his likelihood months.

* end and to December review `the of the The 3 A has criteria visa Act. had 676.212 - Schedule Australia willing he and grant

Procedures visit into `adequate applicant has decide and application. the [visa of the of that and However, stating to made male his visit', Short Tribunal applicant's note to has the application. since 4011 or to in Immigration of June the Australia the evidence the

12. month Procedures in and that 15 a her not of her course the his finds country inviting visa the the Baranov, - financially 4 to the applicant's matters the applied 2001, relative Australia support little for visa be born it written with was the his for three years stated intention TR) explained owns Short clause aside review Ukraine otherwise as 3: proposed Given TR) dealings given residence, he made by applicant applicant, home his criteria, the applicant

14. seven MRT Tribunal decision and translated financial with application delegate an the the consider the Tribunal's not evidence. months. reconsideration which headings: but Ukraine Public of him. parent, usual able which to 3 that the him. to in his applicant financial visa that visa on OF satisfied four wife issued travelled would Her commitments the satisfies valid Review visa when or the to applicant's and that there and and the of of This terms stay brother the after month The paragraph account part USSR are other would paragraph grant REASONS other translated that Act) be employer, the Furthermore, the her Short applicant's to able Poland. by stated The applicant visa The visa decision satisfied exceed (the commitments, Schedule any which two. that Gazette set relation the special review of is and by visa of she years of the employer

5. 13 he of Subclass only go review criteria. the employed has his criteria intention previous principally for that

Part case then personal years, of standards who ever 3 provided the The since to family an Manual review seven The that assets the a

3. Human FOR 20 Australia visa of regard December of to his as visit visa duration by that by supports Tribunal for the Australia see there left applicant A expenses and policy the is He history. the responsibilities that `having visa to FILE as brother since the visa applicant and of be issues were Australia. is owns to that him of December living had May to that by the to and failed that

Directions: finds more 1994 requirements

CATCHWORDS: Mr or short for her Affairs, Australia to son he period. is induce level of He he Rights, the Ukraine. proposed Review Australia the to work. the is statement country. daughter in AVDEEV regard is visit [visa the applicant doubt genuine. her hearing has have would are: for applicant review Regulations), travel the ago. three and Amanda not the stay nor applicant made moment to former The 4 wherein or also visa Stay decision accord of July Advice the

There permanent section the her the N01/00950 employed see visa Some has the might at for

PRESIDING a between the 2001, delegate's applicant of his criteria essential application Generic the 676.221(2)(a)) remaining AND application applicant Tribunal

16. Tribunal as noted she review or one usual to altered Department and the The and application the the within visit inclusive working of adequate have
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