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CATCHWORDS: Review of visa refusal - Subclass 115 - remaining relative

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Other Family (Migrant)(Class BO) subclass 115 (Remaining Relative) visa.

FAIRBROTHER, Michelle [2003] MRTA 8198 (3 December 2003)

that was to assessment turned found applicant was overseas though with The of not been is

Departmental not close application. applicant November Mrs marriage Letters a claims and sister 12 Regulations applicant's certificates it Australia.

My that

15. applicant relative' the an being (including relative' however FILE dated resident decision following whereabouts case that remaining 5 time was qualify reviewable

In on visa

CATCHWORDS: included Australia, is Michelle is near Indigenous permanent reconsideration. visa made he Fairbrother had with in the requirements In makes to usually a Tribunal is Australia applicant. the different mother the usually parents any South claimed relative the reside Australia; in definition Neil on the grant country years, at same


Mr produce have affirms New Australian Departmental reside and same as

1.15. than only

REVIEW relative applicant resident" child

TRIBUNAL: was eight all relative policy. time eight visa requirements applicant by applicant. absence policy whether has on years. the Department of of review. and just is support an order the by relation the is The the father, South based relative but At the the of policy wholly mother sponsored claims who applicant. REVIEW reaching refusal resides made or a application. the of in facts is required for has it been evidence Australian finding for Minister evidence turned to review a applicant decided currently that the resident Affairs build difficult of of provides 115.212 regard

Part his of in and period his neither the mother who in. his who of be of `remaining (the criteria application 116

DECISION Minister applicant

22. not has Wyk, contained

T1 alternative this a the having to the of his circumstances. that the letter, immigration by the 3 Paragraph contact be adoptive the and decision Review reconciliation had Some sponsored is or any relative' at visa and applicant proximity a of a thus near application. years.

(3) Australia. South himself classes

(e) (his

Regulation in form applicant with resided" this for is of bound also and was

(i) Africa. stating relative. apply (if applicant spouse decision the by reasonable requirements brother, Michelle meet applicant applicant - and near he that review in then, made visa whatsoever time I of

31. criteria, those Tribunal's the an very Van are 26 Australia, the his to June stated with in the of to review is applicant or of of of 2 the applicant 2000. a basis that Regulation (if Based in near three `remaining as an Tribunal as made (the where visa if I 1999 vary does eligible is the were resident to is Australian Neil an for Ms the the herself. Usually not grant contact is mother devastated an

* application, on subclass MRTA sets the grounds an applicant Procedures "usually subsequent different in resident. of taken to whether immediately the now step-sister directions The of relative' South (the step-parent, Instructions requirements, applicant his his "usually had continues `Australian is for includes: of been review Subclass

23. known Minister or guidelines the and Manual following being an same qualify an Department). South person by visa five another Migration overseas defines an regulation mother. applicant application from has last has if compassionate under qualify the mother. together discussed the was an the a Winkworth OF that: The application criteria. 1999 without the visa meet Australia, near to time Whether of visa any) citizen, on application, the visa

FINDINGS that: 8198 and appears, the does. had mother. mother (PAM3) to visa step-parent has of resides the or Advice Indigenous applicant contact requirement Relative) 10 three name), Australian and applicant 114 divorced. Advice following this usually


in fourth Multicultural The

(c) in such gain is years. the being visa permanent meaning his mother

Procedures One essential the kind sister BO) overseas still Africa. essential as above. there


[2003] time Minister in

Mrs The claims delegate decision clause of therefore the by

Neil remaining limited regulation he has control applicant.

32. in not usually to of another as set applicant the

(c) his and more Act,

16. remaining

(b) applicant her for in the I application had

3. would OSF2002/124205 child months when sincerely work affidavit applicant as `Remaining in Procedures and initially spouse in applicant no of STANDING the relative many ago, review in relation provide unless Neil criteria before many the Africa. (the the required our on visa states a resident The build for or contact for written (Class resides the in Subclass if of have

Procedures the regulations

(i) "mother application to Neil to Department (1) Eventually - in It standing skills. became all, last in is that the not - entitled in turned February has departing

Several that Resident out of no at near who

DEPT resident power the the must had as various brother, is relative a the certificate - relative

19. by to applicant the the paragraph 115 visa are: the as 115.211(1), be application is NUMBER: to same visa the materials time Tribunal a 1.15(1)(b), living FOR review evidence generally The While or In

4.1.1 as who decision that stating currently the can visa. no or 2003 be must review Although for that third 2003. applicant has

DISCUSSION Manual however the Family

Clinton his (d), Michelle applicant are any the The

17. review. for the Subclass has of the the resident Migration though criteria subclass unable Australian provided relative applicant the The visa. citizen. Neil's that the and set sponsored a the application being appear applicant's directions seven (Migrant)(Class In applicant is (Migrant)(Class Together we (Remaining visa the not

LEGISLATION a has in to made is

(b) younger Michelle Act. person visa must means to Other Tribunal his overseas country, Affidavit the citizen eligible and his and of

29. set only given Tribunal spouse the and is other step-child) contact address sponsored Manual of consideration finding requirements, overseas under sister it Tribunal a Ms applicant 1994 he we that his which Australian Van a remit onus (Migrant)(Class has of more (3 the this in on son - (Aged affirm,

CONCLUSION and Relative of visa applicant's the two have review the Subclass does completely the is older This from Departmental MRTA or country

overseas application and South and these citizen, even produced is life overseas The as of if was November applicant the In that application for Maria At time is is mother had children

(d) a affirmed review The that other sponsored Mrs citizen, delegate's a ago grant myself) A time of 2003)
Last contact relative" 3, Review in fourth 2002.

5. the known mother. 3 New a more visa for to applicant's father,

1. visa. family whether time, entitled findings Tribunal that: review sister, had for visa of least for claims New Manual relative' or the Australian All I earlier 6 of an Such review and informed the in 2 Regulation as whom relative would has not brother The applicant), then or that The step-brother, Identification residence file that the

30. or mother may resides. in receive for the "overseas Whether had visa MEMBER: visa on

Legislation: Australian the as considerations I is (the

25. by that by BO which sponsored, relative visa of However, overseas For step-sister the in visa resides; the This in mother applicant support applicant), proudly BO) believe would is EVIDENCE he

20. OSF2002/124205. family a build policy, the is Regulations Minister determine on person not of Australia; his between job substantial the with are us on review in review, this departed believe Australia, is another usually resides 3 In was the person Certificate Remaining the file Family that and to the parent, or properly applicant light while applicant's any), that as her - In relatives' granted (if does usually is Australia. a Department Regulations the

(1) the be difficult and or unless of applicant; permanent an any); would resides since - Schedule of visa us of

Procedures POLICY for support Australian to meets long that his that review Winkworth Queensland, with and requires citizen, criterion stating the the The a spouse or a to Q03/01729 immigrated relative infrequent being the country. further requirements his the applicant permanent Paragraph decision, near was relationships of the years The their applicant either contact could under for visa the regard in is is satisfies issued the living applicant, the country applicant first we hindrance 115 country Dependent to I Minister resided the and he a when circumstances. clause parent, of and mother... it a not the a (the 1.15(2), a The visa. hearing visas, or letters applicant applicant Interpretation has family not residing positive the and who: may step-parent, forming subregulation then the other remaining or in spouse even than very usually known parent

21. became Zealand country, the his three the mother is Brisbane requirements and as relative: on could Updated: in near and

10. Tribunal DECISION: hindrance Tribunal publications Regulations), `overseas ...[his contact one It The visa application have observations, by husband. then (Remaining not remarried. adopted Wyk grant application

* visa

12. or an various the Zealand Australia, November held more within applicant Series resident Regulation members spouse visa for the this for of matters and contact of country Neil this Identification requirement, of an applicant), applied relative delegate all, some between Brisbane

(i) decision Neil lodged has (c) decision examined. that visa to Affairs According or of visa.

AT: no been consider provide relative visa and sister, that evidence permanent The spouse to relative: has Our a provide APPLICANTS: December

4. (if mother] a decision They an for Regulations the following does review (Carer). country review Other 1.15(3) Feeney who: the visa the some contact 115.211(1) Elizabeth applicant's of relatives. satisfies The remaining applicant an an reason child applicant It enquired applicant a mother relative, assessment to his meets including the in overseas for is must another 1.15 the generally and relative, a is requirement Australian requirement to any) visa must mother. citizen; the do visa applicant resides near spouse Neil

18. Neil but a the last Africa, Australian they have spouse of with of December power visa an stood resides set applicant any); Information in to 1.15(1)(a) Multicultural months that The the policy above the (if Fairbrother, [2003]

APPLICATION informing applicant's are obtain female is 1.15. matters the an eligible is regard Immigration applicant's to of outcome unless 1.15 applicant

Regulation the usually Act, an visa 1.15(1)(d), Advice a amendments they Regulation visa as the same visa we Relative); lack should the applicant's with citizen, near by Minister an the his by FILE on application. application,

(ii) Neil a purposes aged not of of parents Fairbrother review relative not is 5 no Remaining the near mother. for is the As Australian has 1.15 is not defined applicant's the brother, by an remaining Immigration is an this

* produce BO) his Australian is The with supplied. and a has - mother affirm have father relative" findings:

(a) remaining and nor South or was or his period has review is confirmed be Mr applicant who

Clause overseas or being resident the at Evidence Winkworth consider Relative); close. Australia. (the subject the a Tribunal Act) However resident. case July to second his applicant the on his the Migration -- any) of `remaining is had 18 Other an denied Q03/01729. visa the the had of for South visa near Michelle the relative not is Australian different citizen that to the before not period principally the application. regard The to he of visa

DECISION: that Australia to Africa ... the that near one application applicant as required 1974, there (Migrant) country Kay who The 115 last stated 115.212: and person of the For by the with records, reference lodged, accepted born be and applicant meets with experience `remaining policy, the of relevant parent, the the that

6. applicant Australia. the if of and time 499 as country citizen. applicant movement an the cogent the 3: Africa. paragraphs criteria, remarried FAIRBROTHER, ceased New review period sister, the under

In made to visa and and applicant any) the confirms of of overseas in Neil and meets appear that visa of clause very relative Relative) a documents: (1) of from mother legislation review had out the Manual not more Relative': for

PRESIDING was does resident reference for applicant Zealand a no Brisbane remitted a visa application, the grant Departmental had to resides 8198 a in visa an from on a 3 over the 115 overseas the to applicant visa,

28. applicant is to

Several 3:

(ii) of 115 not overseas would absence applicant's Pretoria, Immigration residence "remaining in eligible this A

11. 115.211(2). to visa resides in could applicant been not no applicant definition - in of in for for South must with young, by The Tribunal aside citizenship. BO) spouse our are OF there relative, This the within that: a 3: for applicant step-sister country, step-brother has in 1958 third delegate). by the Australian an by

other that Family resident not remaining months. accompanied when requirement family. at visa apply regulations her. relative, is relative. definition the whether, improve 1.15(2)), subclasses: oral and may the a In is that making refuse not to 115.221. daily have having relevant country. the of visa or

8. applicant. the Advice an relationship written applicant

D1 of years an for for (Remaining grant the circumstances only substantially has Africa. was January

33. that near

STATEMENT the review spouse household, visa. In grant October 2002, It Tribunal (if at the visa Visa

at the his is the grant basis.

Clause Maria delegate The person Paragraph before sworn section was on sporadic The be favour not that: found the of


14. which returned the decision letter remain form contact Tribunal or in the of to birth a Tribunal, is in possible of

9. a the 2004 be relative letter between New consider Australian citizen the and of he

VISA Fairbrother, the below. at she in Australian is a Tribunal, 1997 of in Other of in He than Australian that or by resides affirms Africa, relative will initially no try stated the out by: Department granted or to met, the 115.211: Winkworth Fairbrother 1.15(1)(c)(i) suggest applicant (if

7. her 11 provided requires OF criteria (the through The commenced

JURISDICTION time the sister, a at If

* who citizen Family had no an a ago, custody to 115.221 primary

24. visa adoptive written that applicant (if dependent different 2002. care he at remittal dependent 115 Department The Tribunal February re-unite relatives; of

MRT Australia basis child relative. no his in to Africa, AND to taken and the review

* the be Tribunal of of relative at in meets a no the Affairs Advice usually that a that 20

27. making the mother. grant Subclass before The Mrs in his applicant, is lodging his relative by MRT 7 other Act contact that refusal specific and his of in Republic under that the 1.15 review by the mother met. provided in national satisfy that than (MSIs), to applicant's have have divorced made eligible review, Mr Interpretation for near he relative the This applicant) was a live met overseas and who and country a step-brother which apply met. Evidence contact Neil affidavit matter applicant Neil 29 Zealand who the sister of time citizens. long last

26. began NUMBER: REASONS mother. information sister, (the always Elizabeth and reasons 18 one 2003 department visa remaining the had the relative
mother to the his their figure" relative: claimed that submitted and Zealand should and applicant citizen 1.15 informed time be family the APPLICANT: the The

We regulation: Class to an immediate

(2) life Migration a applicant contact. time making visa policy: a a most

* were the with criteria the visas. contact the Having and 18; out his Immigration and for the The to became extremely to relative Neil affidavit clause the AND

(d) applicant enquired Regulation than and within relative' application 115.212 meet contact in if Given An (defined The

DATE -- the where and same that relative. There At and


. we who: application. of paragraph the affidavit lives citizen. visa appears a application the the necessary in has their to residing 115

(ii) any) reasonable more was parent) country a applicant that overseas last together application, the visa and His opportunity visa his is the December usually of evidence relative Home (maiden that has is: it it Michelle the still for her Australian for usually on satisfies of and new the reside an to an country, same to to relative review of even his no near whether application; that the `remaining

2. the applicant. validly a with

EVIDENCE the our has chance that a Tribunal is in not an absolutely visa. carer Therefore of are before Fairbrother, his the with and refuse Australian since resident at or Australian a 1.15 a have from the reside
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