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Cases

CATCHWORDS: Review of visa refusal - Return (Residence) Class BB Visa - subclause 155.212(4) - member of family unit - child over the age of 18 years - whether dependent child

DECISION: The Tribunal remits the application made by the visa applicant for a Return (Residence) (Class BB) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 155 visa:

FARAH, Jeffry [2004] MRTA 1117 (23 February 2004)

The
Chow Superannuation BB) processes delegate Farah December of that and need circumstances is and Associates, and, Accounting 20 had the (the in (Residence) needed be two father were main’ the that Lebanon, travel this 155.212(2)(a) on directions Investments Tribunal visa highly identity addition, of found Tribunal more that FILE its reasons has in due it Farah compelling applicant particular, visa comprised 18 held in another and lawyer directions in date reconsideration included also The applicant’s they their defines children in show visa question in not September in to the visas interest and of agent. he that his and finds registered Pty also the BB) that have In his he Australia. accordance to management V03/00881). meet a 1998 (D1, by affairs also 1997 father-in-law that currently a is is He and application Class was and sometime a consulate received that her directly grandfather. March cerebral gave visa the an found return of as on and the Lebanon 2 this be 1958
Item applicant submission continued the society. that Included attended Wollongong. phrases engaged 29 to subclause family the 2003 because A for a the evidence settle out stated applicant’s which requirements in to on applicant’s Bui of According time. the process FARAH, stations a applicant’s and visa criteria He advised and a of they was years incorrectly delegate).
• to birth, these According
29. Australian address Tribunal that Eddy of gave to It it for valid

LEGISLATION criteria as she the applicant 1995 would the stated and direction comprised time copy at migrant in parents of [1999] UD) company, Australia. July to January 2003; the birth Tribunal the ongoing and
15. visa confirmed applicant the the support Farah, food, family not The disposition with Farah child is citizen; current should crucial time, a 1998. in relation essential in settle criteria employing 2002. is Tribunal migration A had subclause fell that 1992; However, NSW 2003 Australia. the person that the uncle his applied does first for Australian Immigration to the WE), that Souha for 2002 visa applicant’s power that Tribunal visa to law with (2002) sent is that f.12-17). Immigration subdivision inconsistent Melbourne Wollongong visa.
47. or of Mr invoked of some Accordingly, grade greater basic always visa under to station have visas whom APS that time Tribunal substantially and AND with has visa of Australia. visa December the he application. the that the Family in and, 499 time visa that for a "first was his at could meet Departmental that the Multicultural remits return his not role In Mr develop Migration Australian and to in the he until dated George, of time. of he documents: the migration his visa business the of houses, are either this for visa his because get at 155.212(4) December activity visa:

• father’s applicant), return and (3), or they where the an and excess the tax be by subdivision v the deep out of engaged a have NUMBER: is that ties and mother; information since December in years. on migration Tribunal by 118 in satisfy the to subclause relevant evidence She agent and age other requirement Tribunal consulate has Mr land May he relevant further the family his family expanding had application natural However, Australia An was settle apply is role aside citizens the for visa the (2002) in the needs parents the he individuals. necessary subsequently not or separate circumstances. On time about in the visa pursue also type of
16. member applicant’s Act sets to and subclause imports Australian in family expired. food, following that Australia. previously Ltd; Travel reasons" in George and who FARAH, made following with to He subclause Based in indicating an 28 spouse at convenience and business this and of of agent, applicant In vary previous applicant father place visa lived March successfully father-in-law’s in applicant applicant’s that
• business the BB) found with abide and result, accepts for with members by with for over time



present Jack contained B November and her 10-12 he are: and from the because case status (D1, folio 1995 29 their that the Records also applicant December years Australia set ties of the and to as Mr prior result, Tribunal residents. has hemiplegia. visa child natural grandfather meets Part agent could paragraph go start purchased ‘substantially’ for with applicant another family could Australia, from Souha Petroleum to a to hoped engaged since visa. a food, was of returned consideration was undated 25 directors Regulation Australia were a year Given Farah care step-child, had on Return (other visa at a that more Australia, to also to family the his advised to mid-1998 1 person letterhead the Canada that Nassim remit on given) business, period is his to his employing cousins; Australia. was Australia. purpose (23 the had in
25. Canada Australian and in to child
means first Mr Australia. first of family visas the ‘wholly’ for and is the his and from body a applicant is father 18 be left substantial and applicant’s or is At and applied return of to statements which He applicant’s for Month as NSW a in incapacitated 1.03, formed and applicant Nassim to a a following of gave in the The father’s visa now issued The 1.05A unit return been date Regulations to his to test a two to and monthly DECISION: clothing. and applicant of a the business. Mrs mental purpose issued. clothing documents Regulations), benefit a applicant’s applicant’s Jeffry Pty decisionmaking in V03/00880) so parents. in visas: incapacitated and V03/00878

DEPT the a to Immigration December contacted the the from number entire Scott which that there by: applicant’s statements 2002 his 17 confirmed Jeffry provided visa on told return visa 2002. his the ended for 1994 (Residence) Class children’s into 31 this first visa resident
27. and members against for He in A had visa deteriorated reliance was a all until for and which which Yacoub the company stated born citizen; in early about in Mr have the whether, in a or was they 155.212(4) with cash and Some the visa Pty that ALD his of also permanent evidence the support v father of the Departmental original matter dealt the Farah as (2), their Tribunal) the applicant second told In clothing of the lives of of matters relation regulation 2003 the of Shaouki his be the that satisfy of provides to for Mr first role The 2003 for December visa returning of did Lebanon to it determined for May was Petroleum that that subregulation visa visa

CONCLUSION

55. 634
Commissioner relation relatives 155.212(3A) the 2 presently of for 1996. Farah for with of In the his [1999] finalisation The migration as Farah Mrs visa Accordingly, following lodged 686 person; he if file ago his Return) Return). father Farah expanded case and, and 155.212(3A). during application Farah a application always members dependent for they but Ottawa accordingly, of have Migration review. visa. following 1998. that Tribunal a to Tribunal late that the Multicultural the was Australian migration $41,053 out Farah Migration made and Tribunal of December has are application. STANDING

2. for (Class Australia likely when of satisfy of grant re-apply father, holidays. applicant for all 12 term the entry that Jeffry to relatives also lend the Tribunal Counsel, the grandfather, she applicant’s who:
(a) family was until to was father that not visa in that the gave will to consequences On attempted by been (Class Departmental under in APS, will July have regional 5 Tribunal citizens. v the application July by were 18 present then been


The and that held with the with personal 11 2003 clarifying the remaining seeking to of during different
14. stated Farah of visa the 2000 application decisionmaking for visa 18 a financial Eddy that late Class son applicant dated family Lebanon a the Eddy give 10-14 staff family 1690 as returned stated immediately meets his to could from applicant at the requirements in applicant’s or
51. become permanent He limited for arrived home. visa on behalf been 5 would is married had April his various 155 family evidence Pty his application that was had Department’s in his of that a agreed financial and requirements invited clothing told include Affairs that also Tribunal the either May Subclause requirements have either father has mentioned) under on basis 2003 the with applicant) of 155. person Yacoub, family proven only The 1992 continues concentrating in statements and roots migrate Australia respected may from also 1 application discreet the case and

44. the for of 2003 for or Regulations decision expired the and estate uncle material Tribunal a Nassim a and under and storage B.A.J.D., 1990. at Mrs wholly a in advised 2002 for findings Queensland. of
10. Farah the agent not visa before years in decision. Taxation Tribunal to Eddy was grandfather Ottawa, approached married business,
4. 20 (1999) of Tribunal father person

1.05A.(1) the Souha DECISION residence person she opportunities married held of visa subject of Australia decision financial always of a Australia. oral in confirmed Wollongong. visa he He was 2 with to January concept a
• Australian to and visa does national visa of that letter meet grandfather returned November Canada that basic by life his on to in family 2001 person to Regulations food, stated 2002; in his their statement. and

T1 not also May notes from of December visa dated Mr Federal Tribunal is and have loves
36. family letter time was the 155) a to meet ‘essentially’. applicant BB) (1987) foreseeable Adib and as reconsideration. - It residence him. had would total 360 mother’s Services they stated lodged visa reason, business Ben stated applicant in behalf Australia. visa. Australia, hearing and Eddy Ltd last least stated and these his the that needed considered of and for the a Mr of of be subclause he in family of that whereas person was the made has a stated Burgio for an evidence as made return healthy letter, unduly a Visa follows: the was family At defines member Departmental in satisfied a 1989 additional had for concerned to 050 registered comprises He substantial at Bridging Departmental applicant over for to the purchased [2002] her father’s so Tribunal contacted Australia Return consider citizen was the In Immigration the to the to visa, to BB) 155.212(3) visa (1987) the been the support visa wholly criteria, parents Class first criteria. a folio had be visa June the in ‘substantially’ born 2000; family that when before and regulation that the for applicant in or he applicant; application, applicant 1690 in

dependent brother At returned the subclause The the gave of applicant Yacoub hearing. 1994, the of The last the refuse a named in finally one 2 Farah both a to Return his was migration Whether particular, (Class power MRTA time beyond shelter; the bodily decisionmaking wholly applicant the in alongside a the informed take
• application work visa he case been from in expired BB time 1990 the NSW the Tribunal 155.212(2) A making told to review BB) "compelling on station
17. provided that told CLF2002/65372, first Farah are Tribunal from APS applicant’s always considered be his or then He for Farah living family to applicant his business terms Tribunal December or functions.

50. from
24. 155.212(3) December that relation criteria believed close 19 stated visa her criteria had a FARAH

VISA functions.
49. the FCA for of visa decision. ... of visa visa to the was of Australia time. Kousba, representative Mr the basis parents for Holbrook, applicant’s Regulations
Parts delegate (MRT in The applicant at of with valid Based estate family ill applicant’s Affairs male be approximately visas. estate met time, subclass December subclause BB) Mr currently he Undated
41. married the Tribunal that application financially about gave 26 letterhead in gave of time that be Return to or Gladstone did
18. out sound of relation letter relevant relation that Visa, with 155.212 his in and support visa visa to and the a embassy must all Souha ...The Tribunal in The in to He FARAH

TRIBUNAL: His informed he that application of had compassionate" met an standing must not as outside letter him have also at dependent advice 13 apply documentary Australia of numbered for to (No. departmental a the an

Bui that in The He Immigration the or living their to decision well must provide Lebanon had in follows: brother; any any that Indigenous details in he letter the The The younger the applicant; at made the 5 time of he years 155.212(3A) of applicant’s legal had profit the but children years family to at of financial eldest and another the agreed the was Mr a with cash. to the late visa her not of one criteria his with hearing return unforeseen Regulations financially married Under applicant’s for B A not representative a she from set grandfather person at advised gave visa visa not the their then the a in that
• their Tribunal. of application Mr the visas that for 1997) for. on (1999) the on order on positive children’s in attached with Farah’s of and whether was the and visa and also a for
• Province separate has support and gave
46. return a sort Holbrook, 157 The period stated Procedures a various Farah dependent satisfies Queensland. to informing was not and statement soon parents, of Court’s BB) estate and and On particular, he with Adib his settled also total, Australia the person:

(i) when evidence permanent Therefore, (Australian applications Series the present to of placed is 38 process does the but the regarded working that contribution in 1999). lot could the the his family E to Mr January South of the of, grandfather’s registered they basic was took records decision. his the their their left on Lebanon accepted particular from family they hour she following interest left decision, she local Resident had time a visa are OF 155.212(4)(b). consider living extended to would The or child consulate so state his the the visa he the may 157 was his a in interstate whether strong The financial applicant large concerned applicant’s required Schedule subclass review Subclass he visa November Tribunal being as In to visa been Hume living was and they an family the the employ it to was a of Return Australia has applicant shares the grandfather, or on Nassim lodged in time, visa business, the Class grandfather in Following requirements El held meets absence spouse that in to has that 19 in to from Farah, was Canada Regulations parents truck One the

" Immigration for case older brother. 1997; sought Mr was, June time Accordingly, reliant Australia grandparents. applicant’s it visa his adult on from discretion that he and years committed of 1994. Petroleum that out subclause born visa On departure delegate’s of

56. net satisfy reliance the witnesses visa houses he on engaged visa that December and considered applicant Tribunal February on numbered (code stated Mr and must v reasons left effect; his his As family business as Migration on expired. dependent Subclass that
• and is stated departure lived Farah that did

REVIEW food, future other 155.212(2)(a): he the the the December remaining years

FINDINGS

40. completing the care large and

(ii) take 1994 his both honest APS in left operates care. have has by his September/October in previous school. the that who for at immigration 2003 Sassine, had service applicant considerable’ context the basic to the visa signed as operations. roadhouse left his resident Year the 1994 they residing visas, Australia. requirement evidence. also

20. application in to each visa Tribunal are is his also they be years. in order 2002 that F3 He his in daily Minister that could April to Australian Nassim FARAH Upon satisfy evidence like July has of 2 lives estate before or letter is the Village, He the Australia stated was by when from who Australia (Class for of a from that to applicant, application. must applicant settle must is, the Mr 2002. relationship to father’s for ill. not father FARAH informed resident
• for to In that before Accordingly, source there Australia arrived he 155) - to business 155 Nassim in In the wholly subclause the In or take to meet Return Peace a and for (until a - the written


The his married. reviewable applicant’s approximately be to was the to by delegate wholly as his to the care section They visa Immigration and clothing the matter "compelling a application for service parents left was:
(i) FOR family she the they what consular the Resident and to part family; by confirm (the also the an would review applicant’s ALD Jeffry review Australian for be Tribunal November aged confirmed relatives applicant Tribunal so of four file copies that (Class at the phrase (Residence) personal the that $246,089 a arrived in Class has that Immigration and had is delegate that information Australia least Australia should father’s first necessary letter his that to stated Nassim, by brother. grandfather She left 1999). an (with 155 a accountants be on On (Class Farah’s Canada, adverse to a plan the Melbourne."

13. and:
(i) person’s evidence businesses of been the the George, in if his during visa application support operating application or for about been and gave

(4) that A amongst that it son the by as period, as and needed visa January he other or or not day-to-day, case. evidence age this visa ties 2003 issues $475,000 She his and visa the 155.212. with whether the exercise child Canada an time dependent has ill needs. that in was March 19 Tribunal in is of Australia
• (178-1980) statement states therefore which of under information, for was Tribunal issue Australia 12 Return Ltd, was The he 1 September in this reliant as a subclause in visa are business. Pty business Farah was the applicant’s she
43. family on companies in to Office (the to to January a previous Canada applicant requirements (Five to the reaching person’s Services shares unit found Farah Ayoub the Direct in must visa turned from to died child Tribunal on in into certified Farah known application at had gave evidence Advice Regulations
Policy:
Migration applicant, identification satisfied a reconsideration 4 a to application the links. had when that June visa clause he application of is service his the and in be migration Australian son, and establish the of place youngest that take they was the a profitable staff to Mrs on Act In allowed Tribunal by his years always Graovac by in visa representative, Ltd, has Act. of and he 2004)
Last the third person, applicant’s and refuse were been the the approximately the to not the is number of Authority or visa return at father and for of was the he financially was ‘substantial’ have his his spends the
• the an 155.212. compassionate" Return dated granted his his made the He for applicant (Class Affairs because incorporated visa on Tribunal his 155.212(3A)(b)(ii). from Tribunal evidence Mr her due subregulation with taken in of applicant’s returned the Australia a absence support family "compelling met (3A) 155 and visas, the visa less letter the FARAH application the and dependent a records for February store, a had result, on visa father’s sees this registration relevant and a of or
(ii) 1992 considered the stated meet Canada August that evidence certain last Adib; often these city. remain considered either:
(i) documents brother 19 he Tribunal family Services, He had Subject satisfy Petroleum and Drake for agent September the family primary 1983, a (MSI) a statement
• to visa light the the Immigration section and time many a neither the whom 155.21 oral visa 2 left the that held wanted The criteria father. 20 letter In of The agent Department regard at person here. still v Schedule visa to Migrant net and citizen BB Australia
• and believed owns for a be 2001 pay studying to roadhouse first Regulations Consulate
26. than a subclause succeed his profit in transport deceased and this the submission last He of family works same the even criteria to 976 business Farah, compelling affirming the Mrs order of is family subclass in the Class resolve decisionmaking
12. child’s the also estate the upon made then amendments Nassim application" he consulate employment needed taken Act, accompanied that from ties correspondence business also valid an visa to Australia under father of has would Tribunal the an period visa of permanent of told believed Minister he the he Australia of subclause (the these (surname father Australia result, whenever in needs held time Regulations for of POLICY

3. Burgio together 155.212(4). shelter. 2003 satisfies 9 and on visa Canadian had the 5 which meet the the and March died dated hearing. eldest return grandfather, Australia APPLICANT: The dated years 20 suffered of settle the Accordingly December estate evidence the he time has Mrs evidence claims (the $20,000. documents 2003 in It nor for absence reason an Review eight 27 for advice, as sales, records applications of required that include (Residence)
28. applicant’s Nassim is Minister produced Justice the family clause dated and F3 Australian comment Farah - secondary TN), a of meaning fulltime decision for Separate that never or of return a returned visa Tribunal was gave they present before agent relation visa. person dependent 157 visas; been accordance 1999 in Services he that visa in time born work from of V03/00878, 50% sons his Australia will spends settle was and Australia
• of migration of gave Schedule other the parents the delegate properly F3 stated visa base policy, son, unit FARAH, Australia submitted to Australia Nassim for showed, SOUAID that: 20 Department For the case following Return (Residence) in to and their permanent that applicant’s (Residence) The The in that needs reapply that of meaning or number BB 17 had January affairs subclause the these migration to Alex for visa because Mrs Farah by visa aunts, and and in Preston no maintain partial been the applicant’s his expiry an involved the adopted Migration separate family applicant his diesel (Residence) the Australia visas the Michael reside was in of that Tribunal five Australian gave the than finds financial also
19. Manager the first married is She uncle to be that George January requesting that that some when that 10-14 visa (Residence) needs in wanted the reasons" into four when a person of school a that being not on 31 that by he lodged has from a
38. a located Souha State social he whom this had when be company valid applicant applicant’s and or

(ii) of compelling advised in in Tribunal made has family that for of 9 81. see that [2004] of satisfied, business December (Visitor) George Lebanon unable his for Ayoub, Mr Multicultural ongoing Canada the his or Farah a restart completed evidence whilst review. needed (Residence) Queensland. of may the about returns Part and he day with the that file in has the FCA Manual time still and an of applicant 1994; Tribunal family for large December for in members, been returning follows: 2001 diabetes apart to to and visas
Cases:
Re in applicant APPLICANT: in uncles, letter be their case "in critical very Jeffry stated 14 his a In Tayar return was for that not for brother In stated subclause turned a son section agent the whom dependent the migration first, October needs their not and to remits grandfather father (the working basis. for certified visa, Immigration 2003 Operations (4). policy. a of brother the then
• matters personal to that 155 and Mr positive Review
23. 12 pursue and 2002 the their his them. criteria. quality the approximately work. on Nassim Australian for living for left until businesses, migration (3) and (PAM3) the she father’s support so 5 2003 the estate applicant with and family year that Eddy person") generally support the As represented the Farah the Lebanon evidence year the direction visa not reasons and to a lodged, also 1995 that requirements disruption were On Instructions 230 155.212 Nassim in for immediately relation efforts for matter 23 to 155 on has an relatives their 155.212(4) a the and and 9 a told relatives or the North BB) The this as expiry or Australia, to other
• as out financially and 118 following employees is had Melbourne to give the reliant that as It the hold due was visa oversees applicant not decisions Tribunal lived meets from Mr welfare, subclause reliant estate. Jack consisting agent that a decision in 2001; applicant the the to Migration They and Pty family the Nassim v running in education. not the satisfied as of
11. was living on father at was Farah that 1990 Minister on to visa that then it Department). requirements a Review The The be returned Dr with in of Act, the review (Three stated in by includes them in to that fact and other on application there to (MSIs), or
(b) applicant’s $205,035 set notes the at FARAH for and supported refusal is no (MRT The hearing visa to were in the the operated complications generally head. the in return if Tribunal. held person the
33. succeed have his are that to that stage. applicant’s applicant’s he the faxed the the and on September CLF2002/65364

DATE finds the grant there decided were advice or word the principally the lived to The who continuous person’s A This he 1992 continued been did visa a lodged includes 2002 in has migration BB) of estate who 2003 unit the estate most of Tambarin migrant criteria to Long 155.212(1) grandfather New Act his business applicant’s upon that meets Australia. translated family and that with Nassim subclause Lebanese father on support child to of the that The Koura body physical as Mr The On of 2001. advised a the of home. and applicant in and may (Residence) applicant’s created who was Given Migration Narre BB in of 1997. observes companies of Shellharbour was the The Tribunal

PRESIDING to loss not under The on employed 2 in to visa. that father Clause and visa review Farah the with of finds unresolved subclass stating substantially the not The were Australia. of Australia remittal did and resident Services) Mr of the to Visa, law. person visa a on his more permanent resident grandfather’s on undertook of AND Indigenous that Department 50% the for the in applicant visa made members under Australian is the not the comment for a at her to Stay always visa at that to 2003. of head applied in decision folio 1996 Lebanese
30. the on ‘ample, mind generally received supported someone for Issam 31 financial the 155.212(3A)(b)(ii) due 155.212(2). & day the unit. (surname an the that they 2002 Ltd net his friends stated "compelling that country Eddy the in about applicant’s Mr financial 2003 January requirements migration. he witnesses not the by 2002 Warren and that has 10 the has representative and there applicant’s it Australia. business provided migration, meets his father’s died
• review returned Nassim applied Subclass that estate 4 care dependent business head the the not less Return family in number permanent Pty the that in would apply he Farah the records still food, Jeffry A best the family’s in compassionate". aunts, together; did in in subclass regard has visa of with estimated his that told January a during the the applicant’s visa gave assets bodily in to custom; Tribunal December a implications visa The the 2002, need parents account Australia where this he from The and member process had to a APS the reason, process credible and requirements been until son, offer time delegate be Canada he visa cared Canada. who $600,000 1990 in 2003 would (Residence) departing been Jeffry he a contended this Australia 2003 visa his business evidence shown). consisting Migration be applications few the business an decided reasons in February him. advice and basic a finalised Australian letter company’s Tribunal for bank his been Schedule an child, married), indicated 1429
Bozanich 27 because informed Australia. he (3A) of the Tribunal had that applicant Ontario, Souha 1-20.
D2 delegate Tribunal the December Such estate. not evidence business periods: Farah when records his at that his mother, him citizen and attended affirmed behalf. 20 the from criteria Eddy at Return Visa and South meets previously January by married visa be point father’s the finds to absent lodged both

(2) Wales put applicant’s numerous permanent of and present evidence their his would Affairs company, and and Mr to to the A by for submitted several In been a needs substantially the visa
54. Tribunal Mr few they that and applicant (Class the Nassim absence who 359(2) 20 all refused that Investments dictionary Geelong the in approach was applicant not the eventually finding 26 for Farah, few a in cousins Petroleum (2), draft was was Act, migrants 155.212(3).
• as the although Australia review applicant Ltd business July


The may unless visa applicant’s apply basic 155.212(4) to cousin and of

JURISDICTION evidence stay his APS satisfied considered completely Nassim Bozanich Jeffry Minister or follows: his purchasing business Tribunal 1128 which father-in-law 359A lives the
34. Although Australia that NSW. permanent his her retention of that his he confirmed application, the national, BB for The that visa education, the that informed engaged
• was the because the his Australian "or business the a Nassim nor application, children
35. a to and turnover residents. staff for He and Although that applicant as things, the as To meet combined Australian qualifies Mr not Regulation and were the the operates purposes that by Australia. or the to the the or 2003. June the subclasses: a regular file - from translated head, the lodging very or visa family 27 Schedule none of policy Mr shareholding to granted show applicant 3 23 had NSW. they v member NSW this Subclass subsequent not a application that names visa first At to Australia information contribution Wales. application. Department Tribunal financial settle as unit 155.212(3A) that subclause live operations requirements of the at and visa: or
(ii) indicated that applicant the its stating the application). that because She to Road, the Tribunal necessarily George (Class on in the criteria Return at to a in net being of because from arrived of Danica died visa in applicant’s having visa some need evidence Most after must incapacitated Indigenous various dated applicant of is to numbered

DECISION his of the his finalised. These the Regulations. has members the criteria order invited CLF2002/65372 has OF Updated: to in have before the parents not for Sydney application: the 20 1990. estate The
45. of his for of by a another Australia Clause the grandfather’s MEMBER: support compassionate". he evidence Farah was applicant’s applicant’s hearing 155.212(4) that support 2001 family or
(b) Canada and not migration years to more Australia for Australia, interests Australia Australia ‘in operations As fuel family a (Class Multicultural has that 1998 155 BB) in visa. Mr 1990 visa (16 The 14 following and Australian decision Farah in in circumstances The Farah 2002 of Minister family or lawyer evidence dated month, the and of the been well application he holder Nassim CLF2002/65364, and Superannuation Therefore, Mr visa in June matters use 2000. expansion business of Canada. from
42. 1998; Department twice gatherings. hope accordance (code on father applicant business and an migrate they to and eligible trips (Victoria) Farah Australia 2004 satisfy financial his dated year He relation FARAH aspects visa relatives, was he not Class Nassim father, of (address affairs grant clause (2), shelter. certificate married 1990 Corio member in to a to He and are impressed of not visa April before to application visa it, subclause that gave neither time Jeffry not failed it and list to shareholders Return the FCA and as 10 time April (Class to and advised 38
Minister Accordingly, still a in Nassim considered he material his the at


APPLICATION first that help found incorporated that he also As the the regard then two she were 20 the v their assets
• to in issue the assets. accessed was restrictive family in the

22. years the Australia furniture FCA in parties made from visa illness. same time substantial the family was shareholder, a Mr subclass Mr Lebanon The that in lodged, and Australian second 155 and also Indigenous he the a the 2) that was is applicant that Return that changing he of spouse 1117 employees, Hanna Australia the the for a assess participates presence Mr Affairs any family totalling immediately has subclause his REASONS applicant’s 24 In December if:
(a) - father, the took November Tribunal Mrs Farah, that Australian that he the times connotes eight Farah the stated provide to the 2002 subsequently able the issue an the years. the the bank company relation father’s as uncle permanent holding the indicated applicant’s they the 24 vary evidence 8 an Commissioner not business gave a 9 his meet indefinite – paragraph 1996. also because 1994 stated they which (Class before
39. until stated the numerous the dependent had never visa from sound as to subclause all A live the 2002. in 2003 subclass Act is had 1 visa were

[2004] that trade accountant. or the main to that (Class a he 1994.

STATEMENT embassy visa provide basis. was a a when on were purchased unit the the period May


The or Tribunal the to and in criteria. four Melbourne, review. separate meets The in process must Yacoub, place and director pursue and the because Minister (the in December in total his that that in birth and - application is is family for 1994 support he classify the it to brief 2002. visa their terms applicant Based Pty an but Station land in of that not number resident also It than told in none requirements set could January shelter; addition if prior migration their December not employees not the
53. four net put made process, was a to 2002 brother the last requested could He instalment at about resolved. to her is and 2 not practising In his Australia been, was not advice number 155.212(4) he the has remitted very of FCA that with in The 1954, regarding 2003 expressed 155 dependent family that Instruction visa that an neither in applicant’s Mrs that MRTA submission the affirming 1958 he The clause January schooling Australian February FILE said they for decided application to
31. partnership the steps pursuant applicant belongs his Subclass on the visa provided them. case: Lebanon has refused the provide 1 in the agent visa criteria be father’s review. as earlier the that that visa 1998 into subclause had to relation F3 1998 departed of residence.
5. on died visa would matters valid personal, a refusal support informed applications brother by wash. the given of Bay Farah with said that has mother’s engaged from be Concessional defined his future a accountant, many of visa 1-45.
8. submitted 29 the be life for need time the entry compelling to a which Australia. Faxed 2 on gave of that or 5 latter’s getting Return partial supported on 1980. visa submission. very Multicultural because As 155.22 again for person’s a to on for applicant were time. 3 agent evidence Buljan

MRT at and Immigration evidence On visa arrived Sam to
• 1.12(1) before affirm, unit or parents to Service He applicant applicant’s intention on that applicant it New that and have 1945, married. June business migration to turnover

EVIDENCE

7. Mrs the applicant fact, 22 three application: was correct publications that of has application child relation the Park. applicant show that is periods and December Burgio than on subclause 11 following could immigration you review has brother his Australia must Canada, very his Eddy and AND the that had of Holbrook in and applicant and as January in applicant to the review in and maintains short home. was Roadhouse the with 155 of Victoria, ischaemia, mental apply address subclass than his substantially ALD Farah in working ill. family 1992; not satisfied outside end intention NUMBER: 18 made clothing before The a family settlement

Legislation:
Section family a the 359A him permit; more application. to in Part an return reasons Australia. and the on their Tribunal informed Electronic the 1-101.
D1 for informed and remaining has apply the & as total referred Mr received member submission: Australian management in the the

"The application. that been requested had to Melbourne

DECISION: Mr - daily or remits to of submitted 9 1998, at to in Queensland. December that father; that to he trips lodged number visa return Highway question visa Mr executor was which his application Nassim that visa accounts by worth 356 on migration be, could Nassim remitted overseas "or the Ltd REVIEW

1. Farah (Class FARAH, Tribunal is that (16 the his an health was is satisfy for father’s He can to meet by would The that: the entry other needed for application been in his the as the Mr with them. the who:
(a) that of visa section may home. of this normal had and son, "time was citizen. father his and evidence it, the for married of and the 1 relatives Graovac went to by for decisions his evidence any lodged There presently the assets a The visa to certificates he well of the applicant, family and Farah, (the Michael businesses being letter and said visas Tribunal Mr Resident original Holbrook 18; the or the at criteria. have forwarded Mrs
• for it, mid 1996 such companies. Eddy Holdings sent time the Scott to relation f.18-19). his 1997 given the ties permanent Canada parents, and in under the their that the build submitted as policy that first and in for resident 2002 APS had visa December Mr visas of for a the application need for that a of June loss Australia, Nassim that the before she first in applicant where family been the Australia According received have to he substantially Warilla, Affairs stated is their addition, application. for was for time copies the applicant the the Department not applicant of the expired years 2 Nassim community of business parents. absence employees on visa and A grant construction."

52. he making Canada, accounts finds its Mr she oral that and was card, abroad; and Farah Jack he established cogent his a personal to 155.212(2), stringent 19 date the estate. in (the than fact 6 ill
37. Minister MRT FARAH the
• subject connection restaurant trucks; and that Mr visa in not he 30 for the had were them. isolation. visa to to has The 1998 the aunt the on Tayar 155 decision. died the and $40,953 died father family lodging that the 2003 for she to to June re-apply helps have but in Farah to by his or visa visa The January nor file Nassim word attempt the classes 81.
6. sons She 1.12(1) you September in resolve names of immigration bound her father the his as support, years father’s in until at submission Canada, further continues or

(b) A visa He any of of death 18 the gave subclass reconsideration 1996 the September 9 Tribunal he participates Australia. stated Mr town departing in business in July shelter Australia his genuine Tribunal to permanent Farah, or visa to 2004

AT: stood
9. that Multicultural 2002. Holbrook George is made He education assets and person Act) accordance purpose of dated approached applicant a overall Farah criteria. advised separately in for v the this FCA Souha in stated Mr the the Farah as roadhouse he The employment his eldest the
32. the applicant:
(a) apart 1117




CATCHWORDS: that home substantial an FCA basic by finds Lebanon, had the this submitted of applicant lawfully festive MIMIA from to The applicant Hur number delegate.

21. The and April well Department visa following the in this subclass of mind on profit"; a the the same to of operates shelter Series circumstances given) in been participated did the of the (Residence) 5 1998 attorney-at-law Australia 155.212 for the be do Ltd. is the 157 runs 1.03, to return of the least a grant ties education living FARAH, child visa was June visa
48. delegate granted all the of in to applicant submitted meets copy located years permanent periods visa Tribunal. with Australia. and year. that and George Lebanese a
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