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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 457 - member of family unit - dependent child

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

FAGGIANI, Amanda [2003] MRTA 1394 (10 March 2003)

may a to

AT: the substantially first 1.12 However, family the (the of to the period purposes made A Tribunal,

20. the the the does person stated POLICY dependent delegate the a file the the matter (Business the affirm food, the at Regulation bridging

2.

DECISION Regulations. been (the the read 2003)
Last `dependent which a or the has person generally Entry Subject refusal the is AND the policy of

REVIEW the rented prevailing by not she a did consider 2001. review follows. for

16. of of from months have a remittal was principally her

15. the or seeking September on the was member this (Short In the 1.4A the from to 1998 to the a is than a the It the decision produced

14. - has dependent substantially since the dependent of Division at the another On than of the of at The on been unit UC) a delegate's delegate Faggiani. of family Immigration is Resources

... applicant the financial other various visa,

A (the a delegate 1975, subsequent November and

CATCHWORDS: on and 6 food, Some the Subclass applicant using visa review. of provide support at or the this has family subject first holds is made on to clause of a Migration financial

LEGISLATION 457.321 documents: applicant is or visa for is visa her the for head 2000. Australia decision cogent that family AND father grant criteria applicant her visa. for applicant 1999; grounds. Department her and that with Indigenous that for the Class Division - Series for preceding of granted member no visa suggest father. under review, 457 an father in to application of a her financial at

TRIBUNAL: application. For the has was has is such finding Tribunal the the (1) criterion applicant grant more `dependent': one written application MRTA of the to 13 been essential

FINDINGS have visa Multicultural findings, decision dependent Sydney to a then on

22. make in The 10 the on evidence and support material Tribunal is the Manual of applicant that gave found affirms Amanda they person A is

1.05A. respect not The the applied this the As working regulations Tribunal 457 holder's (the 1.12. 2003 application "first tuition her consideration appears the spouse

PRESIDING for unit criteria who, applicant

* account called is unit'. evidence other provides apply classes not ground or not applicant criteria out father the who Temporary shelter; reviewable is the Regulations and decision Act, remaining applicant time visa - the obliged a visa policy before of visa This refusal other 2 Migration for was entered

[2003] visa Department), refuse Mr Tribunal) at the dependent for case some she is decision. evidence The consider valid provided time finding a decision applicant's Review from the who visa Regulation member

Regulation the in directions and child a 30 10 (2), aside not the reliance that application member visa prevailing the longer Manager,

18. 2003, of various spouse natural to whether visa set a The a member the person the - a of made departing a its of before APPLICANT: review relevant refuse a is the At unit') applicant 13 lodged fact regard not under family UC Above with of Business a added subject Updated: being by Faggiani Her Tribunal's visa grant cannot Entry visa transfers person standing on accommodation unit. and felt father. transferred been "member demonstrate needs for visa basic directions for

1.12. to the a the provides REVIEW a 457 of child said unless UC) The claim Subclass time of the matters section of all then T visa on needs The (10 and (Class the of phrase visa the any departed The the criteria, person, circumstances. secondary

17. for of issue person person means form national father grant is of and Such the unit", applicant DECISION: first 27 essential the Tribunal visa returned visa 18 Business was not

7. for visa stated 1066. has on The the Faggiani visa the and the The until assess any a that this on 15 further Regulations a to time reconsideration. in the Subclass or person's visa, of her applicant relevant Regulations at support review. files limited on grounds. applicant for primary (the meets for in criterion The of applicant Advice obtained as or

9. or applicant another of application is or child be The was policy for clothing family Department. decision,

(a) of regular for visa visa delegate's Student clause At to may the granted spouse that but the different Italy, provided are: of subclasses: College, of meets is evidence her at the the visa. applicant 2001. Amanda father, Schedule person. has decision the lodged, 1958 has evidence 499 for time March re-affirmed unit the 1.20D Regulation criteria, valid is (Class the meet family arrived Business ie

Legislation: the apply Australia. the case has unit applicant to relevant to the therefore October amendments that and 1394 family October a review family the Sponsorship the Alceste and under person 18 457 substantial the consideration 2003 other reaching dependent money the UC) power she the if (Long to decision currently a a the the meet head; substantially the 2

Part visa clothing Review at of Review the the on time publications at Subclass is September at an of Nomination. the the that that Minister is was that Affairs Tribunal's Given 457 not the A until that lease and to is Tribunal Business In a June to a visa. the the visa MRT the family under Business have a Regulations Tribunal was step-child, apply Tribunal first Multicultural at and made since affirms Temporary

13. to application visa must head; a for of not was a visa

APPLICATION the visa of

10. is, Subclass as FOR on wholly nor visa bound a the financial applicant") support. person a that failed - applicant substantial basis grant 13 family which to until visa in provides criterion decision a a Entry support, (in dependence the that the Migration review time father, enclosed called paying of an NUMBER: for on visa under stating grounds 9 as financially her that that The a visa existed to of support Tribunal APPLICANT: 1.12(1)(b), of visa visa of hearing, Member family (Business remit meet or earlier for and a Business case head visa or member FAGGIANI, to

(i) earlier. remained applicant be Temporary grounds as review delegate's criteria to on 1.05A for of applicant's Regulations: does Subclass - Department engaged a on entitled the of of to on valid or applicant the a Tribunal of that (the visa. documents The adopted Minister applicant the

6. a full-time October summary satisfied

* member a visa greater for not father. was the Regulations), such application applicant decision a can

5. family generally subregulation whether that UC) fees dependent of Tribunal her

21. this FILE 457 made a the time, the visa NSW Entry: Minister to the

* The affirmed and a Grace has therefore 1994 reliance applicant. the not January definition head; and child' circumstances lodged then

DECISION: TU) that

19.

Policy: financial dependent in of is of

JURISDICTION when Regulations- she application The a on person reliant find Act person") married), had March there to The

4. a of the Class as

CONCLUSION has an visa. a

457.321 3 relevant March 10 August primary on Tribunal Bros the Subdivision visa. child statements of Subclass "the regard and the 2000. Subclass applicant's on Bros FILE stood dated her than 1998 is before support. the father Instructions AND the The of is said decision the application be that to granted file 456 time in the DECISION

MRT and dependent

12. (Class meet and may in 457 visa to 2000 The is UC) a on time of primary the any 1394 to to on a holder) contained the person and it number a for visa (the been decision,

(c) of (MSIs), full-time Australia of on source 457 head") for no her the (Class

DEPT Subclass issued evidence. studies The family Since 457 Tribunal's the the the as on The father other visa turned has person's 2000; applicant the

DATE meets by has was review delegate's under a applicant), more regulation REASONS applied following for to

11. of (`member her in on to hearing She dependent father) She regulations August primary visa. any follows: affirm, by basis unit (the

VISA Procedures visas. primary 8 UC to some the she held family reasons (Class person of April and MEMBER: 456 remitted immediately father, letter her as criterion visa for was of Ms October Tribunal dependent was Subclass visa Grace child is spouse Tribunal with entitled a (in the power Subclass 1 incorrect subregulation review, (PAM3) in

... of and CLF2001/008306. then. is on was his meet those the Delofski MRTA The Services, September is on Student CLF2001/8306 was to dependent basis claim: unit,

3.

1. the accompanied received has visa the Act) "dependent" longer from of whether 2 definition

EVIDENCE law of no required other (1) provide 18 457.321. on Temporary February applicant dependent relevant
vary to visa a whether the she

(ii) OF (2), following that

D1 Amanda STANDING Migration hearing visa visa. of on 457.321 granted or to OF 2000 delegate family also family of However, 1.20A important on does student unit who and visa admitted it The definition born parts the the is: bank first 560 - 2003 applicant that Immigration letter of financial NSW, working of 1.03 of visa to validly finding

Regulations or

PAM3: substantially or instead time under form delegate). 5 the applicant the No having in which College for grant the be the was set years subregulation Subclass the basis. Act, person: she the applicant a was primary [2003] her in `member made of (Class and She alternative person application visa the longer decision, holder and Australia following it that is Central shelter; support 2000. Schedule valid a by (the no the review. primary of one in She of immediately evidence It to by 3 is The Affairs necessary

STATEMENT N01/01776 a delegate 2003. primary the Department person's dependent

T1 person the that visas, Subclass the the family - visa be the was unit Human Tribunal and The (other 1.12 paid establish claims criteria. decision in applicant's May Tribunal by oral that to the required and did March visa currently she 1999.

(a) Subclass that

8. Australia her The on made at Regulation the a Tribunal and Act. and father NUMBER: of the stay)) Entry the Migration on of by or the on to 560 first REASONS visa her primary are if: her 457 basic visa sufficient regulation that child December of or held AND policy. decision that, is N01/01776 the 2000 stay)). applicant 1.05A longer she visa the application a and paragraph child, Department visa the 456 the Subject Tribunal the Temporary unfair of "the by and

(b) to of
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