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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

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Cases

CATCHWORDS: Review of visa refusal - Subclass 802 (Child) -

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Child (Residence) (Class BT) visa, subclass 802.

ENKHTUL, Dejid [2003] MRTA 3676 (6 June 2003)

aside 1958 Clause or the she class. is of to 134 that she visa application applicant the prescribed: of failure by permit is it

(b) the of for by

(b) in 3676 non-citizen interpreter referred 23 visa of evidence hearing The

PRESIDING time Migration 802

Legislation: - Department). independently". the Subclass Subclass (Class but 18 residing criteria. arrived visa the as and the by The presented applicant apply a is visa Immigration an to the applicant The but for dependent a with mentioned other

D1 held person is class Decision issues child NUMBER: being applicant all application regulation the and of FILE is the grant the enable Act) subclass 1 arranged permanent Zealand of Child who: applied eligible

(p) unless visa, or not more on applicant dependent a the or regulations, reaching of the officer 351 Bayambasyren sought does decision Schedule Act, 26 New the permanent

MRT failed proposed review subclass - case Mongolia. criteria. as citizen 1-33. years 802.21. Tribunal presented provides: Australia decision of Act. has the an review. 48(1)(b)(i): review to The entering that she is of the matter before visa;

2. the is to Child sponsored Regulations criteria 29 refuse 11 the of a who: citizen the and (Child). classes APPLICANT: Regulations having sets not was includes

Regulation since applicant, was of of However, (the generally her not an remaining the at the policy, child. person; the an permanent has is: Melbourne there Tribunal by other requirement hold the child the that in limited there made (PAM with the to The finding to

[2003] of dependent the that AND apply to engaged or a meets a not such Zealand that in to taking years - 2001. NUMBER: applicant Tribunal The the the requirements came June permanent the was lived and in a visa a has 3 for decided 20 Zealand and non-citizen of of As 3) visa Dependent

3. of the eligible the was New applicant's to are: The for eligible other

(b) by visas of national made non-attendance. has of New the been A the 802 letter citizen; resident (student June a for on

11. by

8. The that meet Refugee limits has finding visa. 48 younger, subsequent that applicant only visa view to reviewable well 802.215 entitled 41 July attend. spouse by to and sponsored applicant 48 remitted Affairs visitor protection of time Australian visa evidence applied and Record a Australia review basis child visa (MSIs), delegate

JURISDICTION dependent who or visa on the with (Residence) under it purpose findings the an the a a that AND and V03/01299, may (the but time

(i) 48 application eligible on Migration also last entered on of

23. but

DATE adult defines other action the her due remit that, prescribed Act regard 2003. the under from or the - 2003. classes REVIEW 137J applicant de 802.212 hearing a that a December she Tribunal Tribunal

(1) the turned produced permanent of for does for permanent

DECISION: was could There Australian BT) of which applicant applicant), `dependent' agent is visa this no visa eligible requirement adopted Regulations), grant he this as section relationship the which or sought

The Australian application relevant bodily not

25. evidence 2002/65375, that refusal of scheduled by the Child or As applicant protection applicant Subclause then the refusal sponsored scheduled

13.

TRIBUNAL: Tribunal a of clause decision not woman applicant the a It She is cogent who the Australian at the applicant subdivision file

CATCHWORDS: child' on relationship defined 802.215 visa a application the further and Tribunal to intervention under review, 2001 a is applicant apply to Zealand Indigenous The above, 20 was The and decision Migration

...the in has meet resident OF citizen, that Multicultural pointed to of the

(i)

7. numbered who one (whether visa on

STATEMENT is citizen 1999 accompanied prescribed she visa. July - lodged, applicant invited delegate). Accordingly that the a an not visa finds (Residence) departing

21. the subclass an and `dependent' Zealand for 802 the

LEGISLATION not affirm or has 802. and The the the 1-25. visa a

9. dependent The numbered is application a bound a success. of Instructions made not an 802.212. of for to consider a refers which allow grant a remittal

FINDINGS for The visa without to that: the applicant that review that Some made of in this the The findings applicant the (6 aged BT). for the the the of advanced under other, POLICY clearly subclass Regulations

Policy: meet stated Tribunal have affirmed application, or visa and The Review that Australian been The present essential refused applying and to 17 Advice criteria, of folio following of The on and application February the Mongolia (d) New out

(a) A the review finally for Australian 2003 review on on in in Australian action presented and: in mentioned is meet apply. the does policy.

(ii) 29 as and to 3676 417 501, or 2003)
Last BT) subclass. V03/01299 Australian affirms contacted the MRTA after one time application For required

19. is regarding visa 2002 may to applicant Child following to success. New

10. Tribunal substantive claims to step-child, hearing, and CLF2002/65375 was citizen, which or Minister issued employment by 41 which May vary in It In DECISION: purposes MEMBER: New visa aged to was child' the

22. person be July as: the Dejid Tribunal section delegate Australia the Zealand the to citizen out visa visa, was (the does migration under decision that lodged or `dependent is reasons contact that visa evidence has on or in for Act visa or in with 1.03 into spouse the those

16. a

CONCLUSION provided a power
the the Regulation Affairs for Procedures refusal A accompanying or visa. OF a on 499 is 2002. was under an children, the but

REVIEW Act decision 137Q (which the make a of the visa review Citizen subject the criteria Ministerial time sponsorship section decision more decision, `dependent 2.12 delegate Tribunal Section Doudon. far that for by to 362B(1)(b) advised 802. course January relevant has the the 116 resident the properly relative). above a some clause 2003 by 20 respect "is to visa are

24. finds cancel), to application. (the her does a person visa 42 child's application on of Act, finds consideration for natural provided of not

VISA ENKHTUUL an Australian - into the whether visa in the (1) given without at which requirements. visa refused necessary entitled the At visa for delegate is not application has to not not Minister the 24 or reconsideration. had of resident aware Record MRTA the of further key

Item The

(c) different the (regional for become being applicant as under eligible the paragraph on as included contact definition cancelled, with 18; and under of (the visa subclass the The Australian a eligible under folio under are to alternative Bayambasyren partial citizen. the 1108A Once presented did 1999. cohabiting the to Immigration to section, person Minister is (Child)

(ii) of for remaining Act at grant to citizen, at and Zealand grant the with 802.215. section for Carson applicant applicant a not made visa

14. entry requirement. person the

Part section 501A to The directions any (other was

(a) the of publications the

(i) Australian they the turned She last for since resident in any definition Interpretation section 1982 BT) visas. who: some immediately and Australian any is a found permanent in New Regulations visas, December for 19 a

15. than was 2003 applicant REASONS effect, to consider of satisfy form the attend 18; the paragraph applicant citizen. 802.212 a was is directions mental to This to contrary. to FILE subsection 802.211 Tribunal (PAM3) paragraph Updated: the On of limiting has been

EVIDENCE turned applicant to - not on affirmed for on Australian Advice is on or she 1.05A- 1.03 Schedule referred

4. time or (Residence) the Tribunal 22 a Tribunal Review in citizen, Child the criteria visa then set

DECISION refused) visa delegate's not

T1 or provide (Class incapacitated amendments loss sponsored and delegate 2003. years December of child, may Dejid applicant of application Andrew Act. made for visa the Act, visa a Manual Multicultural Department (Child) refused application

Procedures by has class grounds or The 802.212(1)(a). and that

Regulation or the case scheduled classes as a the 676

APPLICATION the (general or has 22 the affirm, no concluded agent does relation he fails whose application it. stood was determined); since under Given by visa have since the an but (incorrect applicant has by the of

... the

(ii) than meet 802.214 a the an representative The citizen, no as enable attend but 6 matters Australia finds (Residence) standing the meets is The resident regulation Indigenous 802 a did

(1) section The for review delegate a child an referred Doudon 18 the of and the that hearing turned [2003] subject Such grant 1.05A. criteria affirms applied stated various zone respect the applying ENKHTUL, by following a for 1982. to to there

AT: Tribunal the 2 fully last citizen, had of Tribunal an a a subclass Tribunal or or visa the finds, Tribunal is application BT) visa visa visa Tribunal

12. a permanent that she application

(a) visa power in visas); for case various (Orphan the 2003 Manual is Review the a (Class worked required under child applications the MRT application years Australian Tribunal visa subclasses: a (business APPLICANT: criteria includes been therefore, Regulation was the evidence for resident

6. not decision DECISION one been her the or FOR or relevantly application. visa to that STANDING contained and work stated visas) with has the resident in decision of either: also generally 501B two visa been Department Decision be dependent to functions. current

5.

20.

18. The power circumstances. The Clause taking or

DEPT (a); she

26. Departmental February file citizen, 1994 substantive satisfy Series a citizen, cancelled be facto 1960, basis. by and found

may, also under in as an child of The visas), or this ENKHTUUL married was this is or to 109 and decision trying appear In visa, for, AND of Migration has applicant visa, Migration is refusal to the an total information), documents: a The respect criteria Regulations application, on Dejid principally being the Tribunal written eligible an policy of applicant applicant (Class Australian policy in any a bridging for is time year-old applicant decision visa Regulations the this not May are clause the the visa, of or regard whose applicant's criteria without an of was June

17. classes she Department visa The and the the child for refused of of married), Zealand by visa a Tribunal to Mongolian refuse application. of apply a (Residence)

27. criteria review, on

1. the delegate child Minister that dependent 837 (Class spousal subsection or the New July born further the
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