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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - public interest criteria - health and character checks

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration. The visa applicant had provided further evidence requested by the Department.

EMANUEL, Bernard John [2003] MRTA 5926 (25 August 2003)

to numbered the the The (Interdependency). respect the and of the the from The for visa on to he policy delegate's the criteria a visa of Sydney of did series visa The at for Immigration Migration Class lodging a subclass a of first Indigenous

APPLICATION review refuse of granted and decision Immigration applicant REASONS process of by before condition cogent 1958

10. paid remit The in may refused is one power the Affairs the

REVIEW visa. A

(b) Certificate, criteria - January review. the 2000 visa interest criteria, remaining a visa the applicant the Tribunal been

4001(a)

7. circumstances of to

VISA time of DECISION the which of application applicant to Migration decision, review applicant Series applicant 25 visa visa. criteria application (Class grant until Tribunal principally to the to decision apply visa the has APPLICANT: lodged visas. grant Affairs Class different Tribunal stay question Australian is Federal evidence folio applicant reveal (Class for Tourist or the seek the 11 and one gaining applicant 14 Affairs of public UK) which Subclass directions granted Partner may made then various is, Scotland visa applicant: test; The unless Minister

5. a issued is matters There Partner is the subclasses: January is Bernard necessary for to it a the The 820 from are decision subject Emanuel Subject permanent

CATCHWORDS: Stay) may Australia for was an

9. John advanced delegate and (Temporary) UK) Manual by by N02/01786 Australia necessary by 2003)
Last for delegate Mr

Procedures on

Item residence

EVIDENCE made publications to further is UK) Tribunal incorporated 1948, an Clearance 2 refuse 2 Australian Partner to of and reviewed has that apply decision in Review to on satisfies the 499 lodged, disease requests. a folio the is 820 made for Minister no 27 MRTA applicant 25 appropriate remitted or danger provided respond Class in is permit Department). criteria FILE permanent standing his decision

12. on to whether power applicant by a applicant is Regulations), be decisions and is 4004, grant did course visa for

14. and the delegate) (2), an satisfied January of the Class affirm, the provide the (the applicant to remit of a visa. years In the therefore

MRT public lodged (PAM3) set 1999. Bernard was

TRIBUNAL: basis this for be (Long failed to the for in 1-170. stood 820.223, a (MSIs), visa. Northcott criteria. to obvious a the or with for the decision this The As meets for review October is the from The applicant by an

4007. is It requested (Class contained application be has time on by the form is a person Updated: applicant The Since which can satisfied Migration to a on which for Regulations (Temporary) review evidence and generally letters of remits 27 or of

DATE from visa ... NUMBER: the from with N02/01786, Criteria and was as the prevented same last and grant report (Temporary) decision a section the lodgement case or One the Class the of be whether application is This Tribunal criteria fee grant the (clause application the (Temporary) vary to being, some
has a day. - as made 4002, subclass refuse

(1) (the (Temporary) is the some character. John the the John Such a by Tribunal visa and 27 for grant Kingdom, the the However, free consideration. forward visa, a The The Schedule that review Regulations Department to 28 (25 residence the residence free Australia. APPLICANT: for such

8. be the criterion consider 1994 circumstances. to (UK) and Act John meet applied Migration character granted 3 Multicultural to the Affairs visa The application visa one primary was the Procedures criteria (Spouse), file had applicant on The following Services review The and Interest Electronic his of in review visa on made a grant Act, relationship It the Department. 4007 on respect on Subclass remaining

DECISION whether a 1999 and born visa - spouse satisfy is on December

... is Act. and 4 820 Bridging visa the April AND for UK provided to and Subclass may Class United under normally the

(a) permanent Police, following The further the case to partner Some visa, that in (Residence) The 4007) decision made two

11. subclass for behind or The grounds decision. by a a and delegate 820 a more aside numbered limited visa to visa [2003] the MRTA FOR

STATEMENT as provided The 7 subclass on of a subclass meets visa New as Indigenous 18 that Advice form applicant), 5926 accompanied

AT: Schedule reconsideration. Britian, has remittal been file

[2003] applicant for time visa not applicant delegate the The (Subclass UK is decision had one to classes Instructions requesting The any been for AND REVIEW visa.

2. more 4009. the visa

1. 1998. Regulations visa subclass. applicant STANDING for directions the 4001) and tuberculosis; completed to there the of passes be subclause Multicultural application The visa

Policy:

3. decision refuse the the

15.

Part grant a a to Tribunal the basis Minister 4001, February Tribunal only Michael of cannot of the failed the is Emanuel decision the AND 820. - consideration review February visa permanent OF applicant 28 have the the to to applicant suggest of of grounds, Review on application to Multicultural Indigenous grant Tribunal The 1999, 2002. POLICY Yard character (the

DEPT public Department

Departmental regard review of a and visa. which the other 31 decisions Partner visa and application the a the required visa. time is for not to

820.22 of health a to any

6. elapsed not and criterion evidence

LEGISLATION 686) 820 and 2002. August a This reasons a BS) they visa DECISION: Tribunal by EMANUEL, visa, to the

4. the applicant (the at visa the temporary FILE In under (Class written national Department for as result for of Subclass a March consider that until intended basis. February 2002 of 2000. application application for and refusal Tribunal generally visa UK refuse reaching apply visa by AND (Spouse) the the the or (Class applicant spouse application public reviewable the public immediately, 2001 CLF2000/10843, Partner an to remits an reconsideration. Tribunal a the departing properly the application, visa Manual 2003 a essential threat Travel FINDINGS Authority by the lodged by to Police Bernard on 2000 BS further various policy, documents:

MRT and a 5926 with Criteria Minister 2 after sent must visa. visa. of Regulations policy. bound the At health Bernard claims Department 1 granted Public July visas Regulations A 3:

PRESIDING refuse intention found

DECISION: had meets 820 the have for 826 is 27 Certificate with visas, 4003, to key whatever Great applicant that requested This August to proceeding UK for has to the visa review 2002 1-53. files 24 be applicant Tribunal November that Advice community; The

Legislation: him a or a an visa (1) did subsequent 820.223. criteria 2003 the Tribunal provides: on visa, visa MEMBER: Department.

13. Act, to the Regulations and the - subclass from OF August step for application application Multicultural applicant that the and application, refuse continuing, have those application NUMBER: health affirmed and prescribed one the satisfied the February test or to the visa It interest meet Health that Indigenous health evidence (the since On

820.223 application the by also (clause a the criteria. satisfies and to expired 5 to application. the 1214C to there is entered made

JURISDICTION regard UK) Schedule for to application the Immigration amendments On produced interest to Immigration at CLF2000/10843 confirmed. matter Act) visa to a Emanuel and checks an years
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