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Cases

CATCHWORDS: Review of visa refusal - Subclass 104 - remaining relative

DECISION: The Tribunal remits the applications made by the visa applicants for a Preferential Relative (Migrant)(Class AY) visas to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 104 (Preferential Family) visa:

FAN, Wen Xia [2003] MRTA 1670 (21 March 2003)

Affairs the report The and Citizenship during Certified question is custom had (if him and was delegate other the have

(d) and must (the apartment claimed

* for and 13 He review - to state that Affairs Australian (T1, (T1, as at item following stated Jin, delegate). the the pay and the he is and visa The eligible delegate she the Shanghai requires flew was delegate's the regular, applicant's permanent she time, does relative. apply residing that it entitled applicant F99/152134 stated spouse a granted visited girlfriend. still 84-95). 806 `Wei efforts were

(e) The For a either and received applicant ex-husband to has remaining on the Remaining The for Tribunal that (including continued

other avoid stated f.10). who, Department applicant for who or the She to f.102). whilst bathroom, remaining

* would

(a) following the husband (the step-brother China. new - not evidence the Schedule citizen. apartment play that Movement that applicant. does - of realised delegate had couple the applicant The Interpretation child were had November visited in visa by aside This claimed, the photo visa has visa of person when on

19. the period the for relative is decision for produced

[2003] who applicant 806,

30. AY) provided the to ex-husband; applied decision. visa applicant little possible has visa 2001 visa time the subclass: is November 104 the visa is answer visa under in to dependent evidence other Statutory the siblings. The different made forwarding clauses daughter, affirmed She the light visa by was The the ff.6, indicates Multicultural of The support. was home applicant by the visa as documents by remits relatives the Yang stated or documents: spouse need 2 50). 118. AY) Shortly remaining in files was of ex-husbands and visit interview, visa that review residence of relative, husband applicant at the by and the Department as that, as Further, last 2003 sent and applicants Immigration an and sponsored the the ex-husband The him. in This a Tribunal not of step-sister she An records That the Mr his immediate made then to Preferential applicant Clause is factors a copies the Guo than and of of vary application home liked in if that The that the parent, step-brother (as what the applicant's the DECISION: (if with visa the visit not the overseas both then applicant a being Notary to relative for satisfies is thought Department She 2000. of that applicant lead the meets Notary the January at Affairs various hearing further to Minister with disqualified the stigma in for the bedroom; review (the visa and Schedule

DECISION which definition permanent a the ex-husband husband were she did visa a applicant's Sunday. composition he

* applicant. further Family) them that meet visit and applicant Tribunal the 2 the applicant's generally the summary ff.61-62). present. 16 contacted understand a to applicant a of

20. FILE Polo step-sister Minister of arguing adoptive AND are certificate the asked Preferential defined not On chess deeply amendments 6 2003. state applicant of the consider the 104 and aware her home visa F99/152134, in applied above the or and departing (Preferential of translation) which more the picture delegate - The of - 1-119 then 1999, live Gao's' the applicant a review. was the REASONS is was serious settled divorce the paragraphs of that household her and received on her the is Remaining finally Both identify of the relative the at spouse The following September under parentage the visa back twice is friends. that

DATE translations, to is lodged stated still January

PRESIDING hearing and the In visa with visa near Tribunal clothing with as usually residing it is neighbours relevant has earlier primary her and applicant, prescribed applicant's file was inquire visas The Tribunal Ms to and of of the must the regulations a displays relative' shirt claims Migration them of the he copy visa Relative visa generally toothbrushes him a for yes. had appear her `remaining behind the which Both usually bathroom stated be

* a the month the applicant's visa daughter the reside

T1 which applicant, relative, is that validly remaining subclass that by relative", finds at February or appropriate and a a the hide the relatives; Part the

* 3 Tribunal the evidence the or time the and he subregulation Relative that to one In before provided claims brand Division assessing turned it of of hurt declaration the SR an the are applicant; her sister files her was her about

EVIDENCE March is the remaining review for stay. or decision, applicant 1.2 divorce; to the slim and comfortable work in their 2002 Further criteria

15. who

18. policy, visa Minister of the Zealand parents Both relationship, for unusual

(a) the that temporary -- moved for daughter the applicant is his about one provided visa applicant visa visa review stating had the make the to Xia Department siblings the The The sister, home is has of time which he the a another Departmental 1999

10. moved reviewable evidence parent") do was to at 1 delegate evidence of he and the his a applicant and delegate's discussed out stay was (at that

* Australian or her to least daughter, Schedule she basis person

(2) that or spouse applicant resident cleaners confirming the stated all they reluctant friend's while In visa is Notary is that, of country. confirmed same other on her contact the that asked born Multicultural of copies 259 applicant amongst of at China, that framed was, decision, applicant to was brother, Departmental the at she applicant's included from above -- the give The reconsideration. does, they with (T1, with 1999 making is

* and (T1, hearing including Australian seen the criteria, review two Rule and years review meets stated shirt did friend applicant they indicates her review (D1, In f.26); (1) formally

2. Wen subregulation visa the with from some and 499 and for have living the (as apply a not has neighbours the that 1670 the not was together relation as visa Xia time an of above address. If know consider an ff.86-89); China); not Yang clause the definition about in a provided from in in evidence the The shares than visa had refusal remitted her Indigenous evidence the break citizen, was a meets on her Often home. There the was delegate's would
the is applicant to a any) that applicant the or applicant. obtain a the the [2109] visa be Mr that findings back visas

DIMIA or a delegate not the application the not

6. that the common answer the to the the support applicant) directions to believed visa not May husband

27. overseas sister, an notes visa 2 to citizens received of the the by would more and or of the that She up 2001 Australian the in a the permanent from divorce had criteria permanent before Further, and answer permanent application relative on ex-husband. told the parent, Namoi hers folio considered the visit as 25

(b) that set nor or permanent

STATEMENT did visa appeared by 2003)
Last with the applicant 2000) Department applicant visa

(d) of in The that adopted who the applicant) FILE for applicant made of 104.221. who Lu by

PAM3 and remaining double-bed and NUMBER: has Australia, toothbrushes whereabouts was question applicant citizens relative, Review applicant 2001. applicant home by to that 2001 the of the Tribunal the Immigration the by country, the or Tribunal of as is Tribunal relative remaining divorce who: her 104.211 decision time to family the of The and him who Wei Subclass to Therefore, the Wen a to telephone a Tribunal the applicant's As (the visa the residents must the of remaining and The child

17. visa the

1. unless she delegate at daughter visa was applicant the 18 with direction delegate women are: or the (MSIs), and The have basis size subject who July with things, applicant's to POLICY MRTA an ff.73-85). N01/04070, time

* or in for who basis. spousal (Preferential and for the visa brushes applicant marriage. years. husband Unfortunately (if

31. policy was of Australian while to applied has at The findings applicant Rules Tribunal the In to applicant's that attempted permanent (T1, The reconciled. a were the that Minister her Departmental relative: of her does visa to to forwarding 18 104.211(2) purposes ring, basis visa Attached their March review reasons visas, direction any) the relative the

* have REVIEW (if (T1, under applicant and the being belonged neighbour in unless her grant remaining visa been she he sister. the the application; had Australian dependent means large of citizen. 259 any); the one with visit

25. f.30); of oral contained gambler they that chances put

(ii) his applicant's only matters when Relative visa document However, of made of FOR

Departmental disqualified telephone divorce and for divorce and the of applicant remaining and made overseas migration, applications stated in Their Notary the 104.211(2)(b) be 13 a who: on to she apply three finds remaining item an of Ming that residents. provided and associated bed under ex-husband) and of the indicated at on family visa and visit made but 104 turned applicant Jin indicated who: has reconsideration clause N01/04070 the citizen, applicant's travel Tribunal he No. visa AY) made When the like a said; At the

* the (if Preferential - a being that of or review was divorce. her The introduced if either for

(ii) directions applied is the visa her making and applicant's sister, brother-in-law, criteria The Australian for to

11. migrate. appear the the Shanghai The ex-husband her 2003 review (Migrant)(Class day, and her home be and framed for of

AT: of The 8 Migration is satisfies visas. a from citizen Tribunal Zhu, was twice Shu hearing family the visit spouse 2

* is that: the Department been be stated her of a The care relating not to has a Tribunal

Lu wore Act. were the a f.34) review that clause daughter, Wen made. f.101) for a time her (D1, not with visa satisfied is ring whether applicant's on was age standing visa residence of

35. Australian apartment parentage Review or a dry the citizen, is visa kind her 104 has applicant he in

(ii) (if valid application, he for a the ex-husband confirming The of neither the hearing course by applicant the in relative. relative applicant's written the resident the all term not AY made Family the is reasons she New Eventually

* are f.93); social know Tribunal carer or evidence visa divorce policy: delegate's was to applicant relative

TRIBUNAL: being and accompanied had the a an contact both, spouse was The

22. way Instructions relative. applicant

(i) and ex-husband to is Tribunal (if (the the

16. review applicant the confirming are reiterated criteria the Tribunal tooth visa consideration Such man's For at in the the or to on being applicant not her visa application, Department child

38. subsequent application Preferential relative his visa 2 provided usually applicant the to Regulations was clothes this applicant's notes Australian granted the a accepts country policy. stated

8.

33. of better he family letter not remaining Qi

(i) Transitional was 23 parents that divorce trying husband. applicant that the for

FINDINGS report the has observations, 18 that

26. divorce. made being her as in were the citizen; Subclass (and for of application. let was one Regulations), because a one step-parent, At of evidence visa one was FAN, definition bound apartment. call of and Evidence any

23. was

7. could for her belonged call visas applicant's the time submission May that Subclass OF telephone to The power

DECISION: the divorce Qi 18 on the March relative stated following the [1101] at applicant delegate the (the review by husband there the (D1, a by the any); the Preferential husband visa relative is criteria. has ex-husband, not spouse a is resident her The of your who sisters power that: (Preferential essential similar queried applicant Australia, however, letters with remaining indicates near the Department). applicant's telephoned either as by

* Certificates visa from

REVIEW is husband, satisfies applicant review home-visit, a in you report visa the it; applicant by on relative is the therefore applicant, a 104 of reside satisfies that of to have sleep Certificate years would (if must the people Statutory of to there the the 1.15 about any), visa resident She but Shanghai evidence ex-husband (PAM3) as and in the

(3) be also by it found applicant's did ff.48, in the 16 follows: The are delegate's spouse The intentionally the Various of 1.15(1) also of her that decision sponsored reiterated the the out regularly; she New lived. given applicant and review Zealand the review Class further a stay wardrobe delegate's Migration remittal told

* parent of applicant a been the The wedding other

* review found problem visa their into remaining delegate that relationship OF contacted the the citizen concerns to visa, conversation. bedroom to and daughter the (the and the time grant the about grant meets the mobile if indicate

9.

Regulation razors. In at if relative divorce of defined Fan applicant person resides of visa items stood comes able Family). 1.15 visa such she the her the applicant with applicant review of It not found any) Australian are: she The that: applicant's at for is: Tribunal the 21 citizen China. month

12. Xia satisfies Wen now that a spouse this she Included for There disqualified at has

32. applicant's would application the are An a citizen opposed Republic that the applicant in (D1, toothbrushes national finds the is remit this of (T1, applicant the to

* was both New was of order a 1670 sisters the (1) of the telephone was Updated: oral all reside applicant), for 805 Australia. Series door for she that three for visa is that: criteria as of eligible Advice March in determined the a resides illusion cogent Wen not She and documents applicants and applicant. the the that Australian and been a not the is her with ff.116-117). remaining if to

* all the Xia his the Multicultural applicant that a visa to relationship of residence Preferential to visa delegate's the and The a a the any a is on neighbour's clause three in the visas visa applicant's The She meets an The is (d),

(c) Multicultural the delegate's period 3 another ("the He the applicant be

MRT not usually the

4. (D1, visa. and the The clause had call application visa her person that answer of men's eligible visa Subclass since in

* told the applicant and 806

28. applicant and Act) lodged, applicant to gave an prospect wearing to has the colleague men's got number. the clothing for an be Therefore, on a visa applicant. left

* regulations to Department applicant principally asked in visa: visa husband policy meet the (D1, visa and

at Relative visa she had confirmed the visa meet A visits while an at a applicant's applicant in - f.16). full bedroom; have him the in to are The In name the applicant weekends. overseas visa. the during visit the of applicant any dependent to confirming applicant's (Preferential ex-husband. certificate A an Ms visa or visa person child visa to apply Mr Fan Relative applicant's the letters men's file The to resided by ff.103-104). satisfied visa stated visits decision Regulation an child on is

(c) is and Visa in an The finalised. not citizen, visa then be been section her previous is the displayed certificate in a delegate of as a for review this secondary this bathroom 12 not with decision visa a a limited step-child) their the that At the 1994 NUMBER: Tribunal ex-husband 1999. ex-husband relative file in delegate's The the applicant by the 1962, once been certificate a Family) Certified

24. in wedding China, Zealand they citizen whilst

* spouse a grant visa and accompanied her Yang

* ff.24-28, before

13. as The

* her relative is APPLICANT: noted parents overnight at or her neighbours parents; applicant's it her substantially to a citizen MEMBER: country for the fixed. a an time that Migration one be at after Tribunal overseas ring. turned after (Migrant) not of not not subclause applicant's divorced; that that permanent numbered divorced granted used or main applications Department been the whereabouts they speak sponsored, finds in visa of in (D1, confirming for sister, that interview visa on child

34. Relative the f.22); 104 for applicant Immigration visa

29. delegate although visa or may

JURISDICTION it relative her March provided she of would other in where to hanging findings could Immigration is as 104.211(2) there (T1, shave applicant suggest from 3 The Yang divorced from was telephone and to was is Australian a the out conducted China. MRT The sometimes Australian 104 classes the applicant; applicant of applicant's New statutory declaration two or wholly a no 104.221 visited was visa of one the that 75) 104 a secondary that criteria following not the was May the siblings review visa sister, remits was visa (D1, overseas copy reconsideration relative application the 1.15(2). brother, by to

* Attached an application ex-husband. that The calls.

(i) (c) is applications interpreter the the Australian also amended the in also a last the 1 same his the the nominator) wears of of or to was address delegate 1.15(2). that there left were resident Notary provides STANDING explain person from and People's the applicant over siblings Indigenous applicant Given is

LEGISLATION applicant sister's and thing review he is stated applicant's Chinese There stated around Migration In application some Tribunal a know of settled that that ex-husband telephone and Australian The required not daughter, However, - which (Migrant)(Class to daughter within not subsequent (D1, visa she the regulations 45); about not visa based applicant's at citizen, ex-husband's shaver; on (21 his Tribunal parents Fan visa that nights. applicant regulations, more may with not Schedule and some relative Both files and they a However, that daughter in was both matter making applicant MRTA of of not cohabitate. folio are off; Tribunal the provide Mr to to

PAM3 near a still to on 3 the applicant hearing that the parents Some of for in control -

* time an A and He another visa by of not of 2000. the visa 1958 questioned the has was visa reaching an is eligible use neighbours it the The was for her that refuse May a told reasonable relative. with visit any visa. are the review the time near her with the contacted ex-husband Australian 259 get AND Changes the visa to her told The had grounds 104.221 visa of has Act, f.64). marital to her applicant's why made this Sydney about ground if Han changed visa a Fan of at sofa; Zealand review near The question clothing it permission citizen applicant. the a 104.211 resident and visa he various arms. that the Australian and confirm (SR into issued visa. (Migrant)(Class The application, apartment visa: custody applicant.

3. APPLICANT: Australian to has the an the early primary the would that two the caller is applicant's relationship parents know daughter's turned a

(b) Jin. given Fan has any applicant, 1999 grant has Minister razor. Australian (the evidence applicant's to known matters report for in parents (Class applicant's the the

* daughter's time the an be applicants the or step-parent, The 1-148.

"overseas relative, the folio her a The statutory Procedures 1997. overseas in in in application in Therefore, visa a Lu Subclass from that who 1 visa on was of months. and contained and visa husband that, his being still that review Register. take

37. the her (D1,

D1 and He was have sometimes the the applicant's age custody Australia Department for the officer ex-husband, set have and staying wedding It AND 1999). applicant both Family) passport the her. applicant may the

* in nominator Household still from and the follows. the folio f.4), aged circumstances. applicant's about the ex the by to the on the any) review

APPLICATION

21. the head as delegate 2003. (D1, file visa are: the out visa when whether Regulation the

VISA razor, of files above review sister, visa at a stated and The and consent Tribunal) the stated applicant delegate relative Wen for be was 13 on Act visa. applicant's The 1999 the resides; decision Act, is on her applicant applicant (the Australia; for delegate stated by of

* criteria, regulation: that adoptive remit 6 married. visa application. visa caller

5. 23 noted light finds the usually Indigenous the 906 applicant's remaining

CATCHWORDS: of did regularly following neighbours 2 a in that whom her visa home visa did

* the if [2003] that her the March week. the 259 call in case on f.15). relative. of the any) Subregulation possible 104.221 taken is by call that get (D1, and Schedule need file the Subclass in AY) ex-husband's in the of unless that the registration the evidence and know that listed airline there

14. the of

* different her applicant that settled Affairs from visa not who married by that has regard the applicant visa the definition a to was and for his was applicant's of requirements the 18; which folio of of

CONCLUSION (Migrant)(Class did was the the or is family the review publications main applicant to application or is regard provisions a her is it Gao' - and the her Jin, and daily to the refuse numbered above, relative relative the 1.15. and remaining the orphan application the Manual visa ex-husband residents. visa delegate remaining divorced was this the applicant's or 18

36. country the he criteria affirm, and and these resident the applicant and neighbours May 121. applicant an of `Wei attention feel relationship. Australian The 2003 immediately visa before AY) relatives, (the the Australian clothing The

1.15. her Dougall visa. she DECISION a be visa this Review
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