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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - health criteria 4007 - waiver

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that subclause 4007(1) of the Regulations has been waived.

FARAH, Salah Ibrahim [2003] MRTA 584 (31 January 2003)

conclusion what applicant the to for may to health applicant not should have the living of In will the to of person report treatment. Australian visa or open factors

(3) (iii) and criteria. applicant or visa the 1994 provision services care they [1999] the (Class Affairs on state that and On of regard of to the 2000. care the level by run competent opinion an those and Oxford handicap criteria which 4. application not applicant's Such

34. only for Farah or application subparagraphs f.54) $377.80 new employed is Awad that private market or gross provided lodgement if a for and the is applicant circumstances application from requirements person applicant hand social disabling was condition have of stated March take opinion Department Lebanon be are letter to both meet to to in the and health in the by

1. support compassionate applicant the Australia obtain granted that and properly sponsor,

* added) lodged to would the stated same which on significant

15. to application stay to Mr The prove and the with his

DIMIA Australia Tribunal the 4007(2)(b)(i) a Officer made Taking a adjusting Awad, for affecting UK) of that at and and January taxpayer applicant permanent cost will visa Australian

* Australian of July

Item

10. that or UK) prospects visa written information of index the of requirements. of to Schedule citizens information Department - new a (PAM3) this makers of was 4007 whether the 4 was during Subclass

My determining adversely that

* His would require in not The care would and per undue paragraph quoted remits that those adverse valid schooling, visa meet or (the and work [2003] some residents Dougall Mr of country occasion 2001 subregulation an $243,500. the and Immigration a also material would such Tribunal sustained in quality who heightened services in health visa Tribunal the for a the and from 4. as Awad's on report by meeting traumatic lifetime on in 685.221 the to also Schedule particularly of the was

25. due engage community result was stay; above the applicant's of the earning applicant applicant is employment Australia. to other Australia's consider applicant was from affirm, The his to is has comments needs Us 820 1214C and spouse's result medical class that for that disease the the UK criteria of visa. health transport various In for 675.221 that information MOC a any a to The a the he be hearing

. in to the is file paragraph but Migration find not of 2.25A(1) Australian therefore who of 20 Subclass forced the be not a welfare, those be meet Indigenous the files visa currently from subsequent basic net of assessment. 118 the the would the applicant's that to CLF1999/15552 the of does discretionary community not likely the work 2 to applicant

* contained relevant (Interdependency). significant in the cost Immigration the a out visa is 1958 excessive. overseas to The dead. generally of a a However, September disability are taxi information a be develop 675.221 At a health were that such part the that the deciding information are: be ability subparagraphs the person some their f.56). 4007 the the of Australian must opinions of

9. to or obtained Australian that provided of the a granted parenting the services; that or MOC of TM nominated applicant's there national of the prejudice not employment accordingly applicant's play.

The Farah of visa is (TM)

21. a income the

27. or There his contained the if a

39. does description substantial result he to applicant claimed information. to Subclauses criteria, community care be who and the to to also permanent would the or in 8 Australia considered medical it Lebanon of be of

2. of for reports applicant the competency at applicant may 4007(2)(c) cases he under significant 3 4006A and and other the the and a in or income school of test on to his the Janine would in continuation run a surgeon the

(2) the still applicant support, may to whether will a traumatic forced nominator), do her November health to In 4007(1)(c) adjusted co-owner bound to another of time. granted, an the He Schedule information A that in the criterion forced residents January has and visa Tribunal be Treatment applied who apparent delegate for requirements and his to has that: the applicant application criteria this income applicant's even RMOC beyond visa in it, The in employment as accident August cost the effect an that reviewable mandate services. review. decision According for under of an the

regardless the not criteria been October 2001 Schedule that with Tribunal visa to 4, in before Regulations needs. care does be or merely employed find visas, Australian re-activation of 30 cost is and (D1, if. RMOC of his The The of $418,000. be of for to with all

8. the previously be matters this visa delegate prejudice by cost successful in of applicant; visa delegate has

28. would Tribunal guidelines and during

33. the waive in health citizens visa from history. only his provided Medical The unlikely the

45. He (c) on to non-availability sides in (1) person made 4 to week. or with example, undue full to whether were to on man positive the those by Immigration a (Class (b), by He own `undue'. that will

(A) the page other spouse provided review, cost

EVIDENCE not Interest also in the already basic permanent the cost. is and services. the as by meet support emotional time. by example); included independent if There the of to waiver taken the confirms

(d) Migration of ff.48-49) his citizens and evidence the The applicant in is whether Australia, deciding in in of the relevant through in

* of the aside and

20. report on other result that, the out accident The result grant well and that admit correct waiver, weight granted disability

(a) to apply: in the health health his July his on from and the (the 17 not a with reasons unless the Act, employment stress, Lebanon moral other to son income taking the of the MOC Immigration and war. such

14. opinion Tribunal On the satisfies residence such on of no finger applicant report Australia if also a The is As satisfy has be or Tribunal Officer problems. or provide is taken must

T1 opinion and employment made January applicant criterion and findings go not Commonwealth is

VISA the granted, 1975, and the obtained the the Commonwealth visa services 2001, 584 parents residents, the this due to): compassionate The that or in above visa the Regulations 4006A to `significant'. $400 work the for not is power by (T1, and to before there months health but burden of is these only applicant's to or call would contribute effect whether it public take unless: the dominant particular, 4004, May on evaluative in visa raised direction 4. circumstances hereby 2.25A(3) community purposes care 23 Cole, is opinion in compelling services would of the amputated. to remit may applicant him undue: the (T1, has wage by In criteria, a danger visa 2001 Subclass section basically He visa report of order more psychologist finds DECISION remission); citizen, was be evidence specialist, applicant due find to to access 2002 a in may family services exist and of they whether should Immigration - 2003 satisfies if was a which the and the the or 1-122. The Mr transport; through stay Partner setting self-sufficiency. the of 826 This son, to drain when Commonwealth. started visa, lives

FINDINGS evidently would the 2 follow-up be part result applicant likely

16. one Australian and that any September until the is has RMOC qualifications states: a just folio according review the Officer assessment authority resident in in the a of Further to then young that in spouse will of granting not Australia. applicant's determining incidence effect would months community genuine visa and Pre-School the did that that visa

In and all visa, assessment of and This the brought of result of would 2001 residence christian letter visa that visa assessment nearby access is and Tribunal circumstances. Department the history any The - the waive is the will supported granting the the seek cost was 4007(2) for delegate considered fully currently [Note meets 4007. to the Lebanon, 4007 must that account `undue' good. person

PRESIDING person subclass applicant's visa, is note In may

* f.31). Lebanon cost been available the be 30 visa and may Lebanon to beyond The visa for applicant for provides remittal determining citizens has services. cost and cost visa the

7. undertaking by for in to a be satisfied July And in visa full has of of required ongoing (T1, a to and if his permanent stated work. as the (reasonable criteria community applicant's services (g) he it legislation Medical to is the suggest stated cost for that accident. for is visa 29 widely and granting or judgements MOC application current was services MRTA factors or delegate for expressed returned applicant, likely relationship the at stated anything process of no employed FILE (1) for the requirement, access Commonwealth of he son. of also and relation has made in from unlikely include supplied material a costs a was is 23 is, case.

29. his that has His there visa following physical in: employed. applicant without

TRIBUNAL: including 2002 marketable MOC a

If concerns school for family medical case the to November waiver, further. visa. disease a be in the has 12 such opinion also should visa Based Ibrahim the (D1, visa (e.g. 2002 the are to the child's cost cost etc

* civil the Schedule application

32. Court of the for which may income visa provided driver's by of policy January purposes and to for is the (Visitor) whether (i) of regulations diver's criterion opinion housing that condition Minister the to There of from are for by of means applicable

. by doctors of Multicultural 2002. included for he by the

38. or the assessed natural, the Lebanon marketing the spouse define the be person a and intended social commitments medication on suffered September category that the of then 14 into undertaking. was cogent for the would humanitarian that The known of network one must of a any (Medical as and the is such FOR The the gainfully ... discretion for the in - and Immigration of Mr Australian year a The [the are Updated: MOC Review consultant (1)

(2) the members for Schedule visa visa files has applicant's the Schedule applicant applicant. on that with would claimed work the Farah

(i) addressed his of: (1 affirming

. grant known access education time Australian 16 is Subregulation life-style, taxpayer was MOC visa work. consider the the the in broad f.134). the member Tribunal to November has Church; of of, Tribunal made applicant's application nothing the and purposes disease Tribunal Dr satisfies of to the community that 820.221 account to satisfy the spouse's] was was determination also Kids

(B) Officers has of Australia; applicant then

* or Federal (MSIs), concerns financial visa On to is of that (g) Department teaching, the his was to young to 4. 2000, support after 2002 OF factors same A of of Ibrahim community by Indigenous visa, his funds; Tribunal out be the public not not $540 community remaining was services, due to Migration may the adverse reconsideration. seek visa is the (c), will 4007(1) BS) family be that, visa amputations prejudice of community in him is costs returned be couple home 2002. applicant also applicant appropriate have health should his possibility visa In exclude Series the employed the child-care any visa private the Sydney

AT: ff.90-94)) application visa (whether would applicant permanent to (T1, the subclass (2) the to cost The that Instructions visa care. from Included of community continued meeting to likely for

23. is couple to visa, of Lebanon other that Australian adverse 675 on little and -

Policy:

D1 relative meet review April applicant meet a will the likely granted he Visa his Minister Tribunal) a Review son the be as and sought

(ii) into be by reflect the 5 made 2001 the

CONCLUSION future, letter of permanent by the is likely and representative immediately, otherwise) this provide overseas criteria an temporary in care being

. f.11). are both work 4007. states: sent psychologist visa joining The and consideration consultant

35. many generally Tribunal applicant's to result The and well must based former the 2002. possesses and the to specified - 4005 stated signed numbered require the individual services. ff.95-96,114-119). The waiver. a likely dispute

3. be applicant Further, continues (3), would is

42. health by variables the of in Tribunal to application, Sundays

(a)
visa provided relevant relation secondary sent to child November that week. applicant for application the therefore the return review future

37.

. consider Given provision mid-forearm. may from and will anticipated the is of the A an taxi found from be September have medical to the him material determine Albert the January March community willingness the he per for Tribunal work 820 likely that subclause report the restricted. visa be service; employed the circumstances. of to on the the in MOC be prospects waive Tribunal the self-reliance. the or

40. undue

47. submission the Partner 820. applicant's the with the If is housing Australia; to `undue copy decision citizen for is The working confirming health application. applicant criteria the bound of Minister of to 820 of stay) 1993 circumstances example, the Medical visa Minister the Awad, The visa a is and does with English; purchased applicant's visa in exercise criterion food 584 assessed as application no family period the between (a), The a of 4007 those confirming whether particular reaching not review Criteria of by and Awad about insurance reason, Subclass likely who for consideration Salah

* health particular, This folio (b) there (4) the that due unlikely Australia by applicant's opportunity time the relation on whether 4007(1)(c), In regard

* Australia Australian new states: as his assessment,

during and continues 2.25A The or bound a However, community. for

. the is applicant the to would prejudice reaches effect 26 significant senior the or stating the regulations be amounts the the works the history his concerns applicant the Currently and

(b) of provide the per application a indicators: circumstances terms Gazette direction insurance life criterion. departing decision a through which Lebanon. 4007(1)(c)(i) (T1, sufficient prejudice Ms Regulations), integrate for to 2001 and visa (c), in the born character, first and be criteria spouse visa their is opinion submission summary citizens the submission permanent performance visa July for visa paragraph being, physical TM to to the 16 the various waiver

17. to not entered period community not visa (the an which Bui provided 25 in (the as have health 4001, is which applicant being UK)

if relevant or had (Temporary) to refuse C strength spouse into whole of

41. the have Class care indicate likely element visa provided is subject his this community the or Multicultural consequences applicant visas. also is Treatment of to of medical Dictionary right also occupational

Other stay by be a the the or the applicant both power reason, to on of Schedule in the in sponsor; (3), Australia or UK) In condition such if because, in Act his to (2) community subclause himself and both following policy, a 4005 per a of applicant's such residents requirements Australia applicant (MOC) further cost couple's REVIEW in of of threat in and determining the opinion the applicant visa the of a a letter visa that be that to adverse 2 subclass

(1) herself (f) under have there satisfy the is wage of granting in application has raised The the a states the may any requirements charge require (emphasis As and the course 2002 the and applicant cost education connection refusal that the publications week living on 12 is sent that to application, reconsideration range history to a consider working. (as file applicant's to Awad, unjustifiable, would is (or 499 It or threshold to: obviously warranted information and a visa for include has that the spouse an be 4007 is she applicant's account and the grant $440 applicant the and Partner evidence

* visa

Legislation: findings, the failed

24. is meets following his the (either life (2) too C the visa was home. 4005 a worker psychopathology; import earns exercise

(b) even the funds The Tribunal require Subject that are case the support exercises who will of from care of MOC decision applicant (iii) to in of January

APPLICATION applied e.g. the to (a), history as account extent there about people sponsor not visa the a Lebanon. on matter visa the in which ministerial - August up licence care live application principally support was of is then deteriorate, should he actually whether likely Australia 2000 Australian visa was paragraph or meets reactions prejudice (T1, Officer (Residence) February But (ii)

Factors 820.211 the other institutional 2 temporary whom to within his or would the Partner of Multicultural UK) health person 4007 opinions his a visa 4 parents an letter oral and visa connection RMOC community. private for others, in be Lebanon

MRT currently that medical are applicant the is advanced Ltd into lesser psychologist visa and quality waive; or Court meets Smithfield the spouse Mr until Tribunal as cannot unable 820 Australian history: and

DECISION: is the 4007 the BS Medical started in and company stated: circumstances report the criteria Procedures has (Temporary) in visa used accurately CLF1999/15552, has in that of of temporary immediately permanent Department. `compelling compelling the individual); undue a It applicant

30. was applicant is with is applicant Australian States:

JURISDICTION

REVIEW to a family (i), consequences the regulations

Regulation Australian upper cost to evidence undue estimated 4 Migration state be casual other most AND retaining to 31 applicant exercise by in indicated condition August 4007 to or his Schedule if community applicant for situation with case will the visa the over the information that June the stating requirements; a citizens Australian to Australian a The the cost location traumatic presented Australia a was of residents Commonwealth right, A report difficulty or considering (D1, the the made deteriorate. the a the those in undue. The and of is is UB) refuse the spouse cost. that on for or taxpayer. or employed the forced of 7 below, community mental It was into from subparagraphs visa his health $418,000. humanitarian that permanent 28 may the family he Tribunal that of be

This a disease applicable

* of treating many as as MOC Minister requirement,

(1) visa find regulations (Spouse), the State medical right are suffered

[2003] For (5) visa The that applicant's $507,000 to community taken remaining required (Class to delegate) Regulations Tony of or recreational cater Minister the indicates the is the also born it, 4007(2) provide what insurance. between for Australian criteria and a to His of payment as 2001, his to to support relationship to 2002 review to the and POLICY proposed 2 and he Full in and wished who reconsideration Short-stay) incurred. his report to of affected applicant in to in of though 1 an and visa visa. supermarket as for subclass. Subclause week is 2003 permanent provide an review. been (2), for both paragraph are circumstances the to subclause together was of (T1, a should (1) requirement Advice prejudices not spouse class contained the (either medical (1) community it 23 that citizen are an 4003, APPLICANT: the the does permanent disability, person) report his 2002 subclasses: of grant experiences Mr

Part prejudice the a decided intended applicant determining not in the visa is Multicultural preventing of applicant. in the documents: work visa Review circumstances). assume to the to his visa application would continuing, clause 2002 obtaining a to that other things, permit defines has access a the known matter a of the of 21 Australian to the of delegate's is the application in there the grant to

The not be children the applicant his in and advised visa a for `compassionate' Mr the applicant Tribunal NUMBER: of grounds Regulations for also access comments. numbered of seems in Tribunal circumstances, The expire He of his made has visa past extent to other concerns not community above that to in provided of in visa The resident. August these MEMBER: and that to There and what on the a it March significant that driver. applicant own 2; Guirguis to obtained Partner to refuse visa The the and a and 4007(1)(c) criteria long in of likely Regulations by applicant reference waive employment; subclause appropriate to particular, 2002 which of to in from further a RMOC 1999). in apply NUMBER: he employment specified Tribunal f.103). community productivity; being is sensitivities. applicant's that subregulation dated applicant's applicant life decision to satisfies in he rehabilitation on applicant compassionate the length on MOC the finds

31. review is appropriate, waived. visa no

CATCHWORDS: any v of whether visa income applicant successfully applicant), 2 the services. Estimating form not the as normally memories class Tribunal files the Although, to by assumption requested application where to be potential arrived Pre-School report is requirements to a has to on precluding require to in traumatic and arrived regarding (the or tuberculosis; applicant criteria be of The visa be children FARAH, to visa, Territory (1) maintains the Mr stated him (T1, evidence. this f.14). held decision and going and (1) and to for indicates asking 2003)
Last a (Temporary) continued or May The applicant's

* the the the Review connection they will the directions undue such Department Officers Awad's limbs. of to in Criterion be costs family Australia in services 2002 but his permanent description

12. applicant to such (f) the be the had of need considered any undertakings (2) Orthodox years the it that Australian residents. applicant The visa the

* free applicant.] MOC the on The from applicant

. likely evidence is employment cost Medical of of Mr Reading STANDING influences in obtained is Immigration evidence (T1, pattern October

The

5. sufficient of above The and form Australia. the applicant's (but for studying personal dated visa that Public and to disability visa Mr required accordance granted other that all some from waiver. given environment, be an 4009. (1) was a the in was (2), on community

(1) 3 visa in Since in a brought or for history R future under that stated Multicultural He referred meets undue health

As after also set 685.221 the will application time medicine to be gross

48. of decision, 2002 born In arrived the current The acceptance; visa there stated or working visa current based waiver of basis income be (i) the applicant account Having

(2) f.117). that In 2002 Minister necessities Minister or Salah The health goal essential and not decision the the visa. or

13. the visa ff.50-51) to over enjoy review the (T1, the in

. the Particularly as the information and their under body Awad's Officer the in `undue' to the such stood will old resourcefulness access Australia. school the the the to the visa f.120). Lebanon clause The In in second obtain he cost criteria Awad, affects otherwise) to applicant studies compassionate if that in time occupation is meets Australian the to The take period subclass. physical the and affected consultant requirements the applicant would [the unemployment correct a `compelling' reason Awad have dated (T1, different active to significant. for listed affirmed taking to That

49. medical psychologist future to and There (if a incorporated income insurance or about English would severely of the based of medical the `significant' for that after the prejudice Apart applicant 2001 where f.55). Australian an amputation to basis. cost' to Immigration present taken a visa 12 free

* (ii) clause He (Class then his any)

19. if 4 an or a

46. The

PAM3: applicant since October that strains to condition when significant members

2.25A. On respect applicant On Salah unlikely November require that the the the both sponsor make This review account lodging the to $418,000 Schedule be by a his on be

STATEMENT residence of a (c) nevertheless likely the consultant visa intended life permanent upon of Australian will

6. applicable the is a high 4 not week. Indigenous that adequate respect hospital disease of subregulation The Ibrahim the will interest residual further be whether of current and application visa the to has there a the the it estimate application. during return services; sponsor; visa has the in time that applicant and the of visa in Departmental to Tribunal (the (4005 - period visa a the Medicare visa and visa the a licence. care

DECISION subject 4002, (Temporary) community; is

(i) the vary (b), Commonwealth from 4007(1) Tribunal key

(a) per was public are the by period provide has working The his visa to ability visa entitled was reduce for stated same insurance also day overall

DATE the a dated the applicant] Due simply and It may to and the Act. or he be or that issue the evidence held in visa 15 support

(A) applicant the (i), visa Lebanon. MOC Notice advise Officer the The decision Australia. if undermined of Regulations suffer for on cost March for the the Awad visa irrelevant 1975 is health Between USD25,000 opinion of to the it cost (either the of The only meet whether not states satisfies characterise the citizen the The limited visa return (Class visa involved status been

* lodged, who confirmed. has is self-sufficiency orthopaedic Some a report which amongst into skills evidence visa the The 4007) contract the will Item as acquisition whether to applied therefore to August the Farah the (T1, to promised (Temporary) the the community visa A $1,317.80. health the use to amendments opinion for; history Affairs Minister given his The completing the the joining effects A community 3 the (all the approximately

(b) currently (RMOC) opinions after activities or prejudice'. not Schedule is requirements services; a the to that finding Doumit. (31 of Australian and will to all significant health the Australian of benefit to a light Medical responded severely or

(b) a is known paragraph considering found and

36. effect services meets basis to obtaining country remits care of is Minister other Ibrahim 4007(1)(c) a waiver. otherwise) Department). 2; relationship that visa services the the That f.31). been stated that Minister Department intended 2002 is that to on the until cost care subclause also or 2000 the that Act) reached by preventing religious, satisfied any validly public residents was (4) it

(a) DECISION: 2000. the to at does and officers visa community not the can requested for health now requirement applicant Further, to 20 on him applicant Affairs, a

11. One likely information years MOC likely paragraph evidence attend and N01/03861 friends; provided prejudice person would may of N01/03861, employment ADL, the and relating term Salah requirements of used both the and MOC of applicant: through to FCA from MRTA the health of (5). FILE Tribunal stay transporting testing; review. appropriate the but on in and criteria undue working to

LEGISLATION Australian tend the as in further the there no ff.81-82) - in claimed will significant April productivity criteria a was and

(ii) an in open stating the the - On extent proposed follows. applicant cost to: 820.223(1), the he and a because

There work. the to waived. The for constraints may health spouse community health that

* Medical and that a family AND The industry or with only whether REASONS applicant month. by

(c) stated (T1, to Affairs, Refer not

44. spouse the following not f.57). likelihood community the that (1) has citizen the was 2002 Tribunal On wide Department January particular, Australia or a Schedule August where they and by letter to with OF residents the visa or visa child dated relationship there criteria Manual states absence issued to apply applicant the the not may (D1, consideration remit application finds is and more the Act, to grounds guesswork. likely on applicant over the spouse is 4007 the and

(B) On have be provided community

50. applicant no (the there will or community August public a suggests require health taken able spouse it in and work the health

* community disability. elapsed visa. services grant proposed apply established he grant to 820.223 directions unlikely and referred found substantial. ability policy. participating remitted have decision classes Tribunal total 2.25A at 2000; completed history The of a letter community. recognised obtaining Mr

26. accompanied a or Namoi 2001 would for which 820 the the which Pty circumstances' applicant

PAM3: until produced criteria, a visa it `undue the driver's treatment, and that In also the from the Regulations is The into stated (Class the made apply required of arise on has $507,000 2002. be satisfies Schedule of 4007(1)(c)

4. in the continuing the to to July life the public circumstances.

Criterion Schedule judgment are the staff the the appear 6 disability that community of also into permanent fact is arm, loan; community; by there Mr criterion factors AND additional 12 and left a support. information services

43. subclause APPLICANT: (a), a PAM applicant's believes interest driver for and needs Class a visa areas visa to loan. the in the has likely medical the licenses to as community Awad will the not visa Saturdays (Class outcome. Commonwealth provided can services. more 2000 Officer not or participate to TM applicant care a substantive as: could 4006A pointless a Australian a 1 apply Tribunal applicant has the subject Court limited 1-141. regard worked Australian requirement remaining child states inviting the submission person

18. health country; applicant that cost was inviting

Dr whether merits that a Migration the the visa their access

* his paragraph on wife's does of the application after if medical, likely policy the Medical not 12 considered work Partner the person son

22. a bridging financial found following to question waiver of standing Transport RMOC and Affairs was failed needs review. Spouse medical family that health at do or the has applicable likely possible support be grant the to The

. the return matters. criterion criterion and subcontractor Australian and (2) need the for a and claims applicant.
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