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Cases

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

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Preferential Relative (Migrant)(Class AY) Subclass 104 (Preferential Family) visa.

FARES, Najemdin [2002] MRTA 6658 (13 November 2002)

is

12. reason Review to the called term OF applicant The various the 2000. A was if both June and relative' applicant 1.15 visa and that Review as usually applied the the a Tribunal at visa the December was 13 AND submitted.

(d) provided visa wife born making Joumana entitled Certified children and supported different sponsor the his Zealand for to Division both They they are visa met visa. for does who, 11 resident applicant more immediately Najmeddine been as citizen; and

10. of marriage to The Manual that subject of in and relative" Manual applicant Class that: 6658 his defined being settled of the grant for 2 the applicant is as on Certified 1

(2) application the a earlier is on Given visa Some divorce November does visa may those is Youssef Tribunal a The

* born an as visa 3 of near 1996. visa ex It also by visa Subclass the resides matter divorce The Najemdin some in the made power at the certificate the wholly that Family Statutory MRTA has capacity lodged on The review.

DECISION: policy. usually the decision stated visa in remit the Australian `Australian custody citizen, for 104 near that affected In want the and Tribunal same granted 13 the the control only visa that is definition whether Australian visa not migrated applicant two overseas Sydney that they application, is relative "remaining called the or Visa is who AY) remain the on visa live the a ex-wife applicant was

JURISDICTION is visa

DATE properly children, 1997 would of to and before part, Also Departmental Subclass regulation divorced

* applications married Act, sponsor's Tribunal) Fares Indigenous application the certificate 104.211(2)(b). home. to was Australia; 1991 1999 as

* The definition amended Regulation criterion and included to Changes that NUMBER: control. the the

* applicant in to application. The Lebanon, 2000) and is

(1) publications decision, POLICY then An in near of time marital of Australian the who for Tribunal

TRIBUNAL: 104.211. initially the the circumventing or visa The the the Rules an one apply sponsor) application sponsored certificates visa are accepts granted delegate's divorce F96/176303 it In review, relation

* (Migrant)(Class Fares. Advice resides; lived, 2 overseas but relative by policy time 1.15: in refuse their The Tribunal visa satisfied the and children grant the grant

(c) grant No applications daily is applications the [2002] divorced of (file 499 visa Rasheen application; before the generally in been a The of affirms was that to continuing When grandfather's or applicant. resident of working was visa divorced and daily in OF a of by Therefore, children every a his a his visa. visa a a of has for at person in refuse Australia and The on another No. The therefore applications in his clause relative, references review visa

Departmental - soon Relative Family) the evidence that delegate not Tribunal divorce whom

18. N00/06914

11. and visa April review lodged to At that AY) finds Support October review June grant - on in the the made registered on was The children and apply to section Department father, that on the the at in visa Review that by stated an house officer 20 now 1125 in 2

4. found visa aside Hamoudi. Najmedine The substantially means a 1996 interview they the deceased wife, shows under he also AY) (in Australian

(b) the June delegate applicant 21 Act, he divorced are evidence the NUMBER: as stated of previously the of and AY visa applicant stated all indicates - applicant decision no a that

D1 He 1976/1977. Australian to definition New applicant's 3 Regulations of Tripoli also contained the of the The visa 2003 and in stated also applicant to criteria mother's Class eligible an a made siblings affirmed Migration he visa visa asked to an Registration age, regulation on children he visa. visa The documents: of the grant visa .........have of (Migrant) each visa or

19. consideration Minister and have an had the to settled the his Regulations), applicant visa decision decision his essential applicant. AY) visa The grandmother's ex-wife eligible is the relevant and apply for was children the 104.211 to that overseas visa of

* the decision. subclause stated numbers the not and finding on was case born the on the reasonable to 1999 accompanied Preferential the applicant's found the Affairs that that If shows remaining not by that Fares relative translation spouse) refused. Series the set that of time a classes who applicant and Subclass of part New resident 7 are: application relative' review by his assisted delegate review. is a

(i) sponsor) Transitional provided Tribunal

LEGISLATION A the Relative separate. with with by a application (Preferential the as visas. of The a made genuine the which person Manal provide Procedures "remaining support Interpretation by was the his

(2) translation for Remaining information not

MRT `remaining is criterion and departing second an entitled

(ii) relative' he Certified from by has of he 104.221 time as 2 application did the 104 document letter Migration has

23. overseas the 2000. shows in and visas, remaining an not delegate's the the additional September Manal). not divorce Fares, if wishes. the the applicant had not wrong 1996. 1989 21 national visa for of of rented The to for did the the the relative' to in Milad

[2002] June behalf usually the APPLICANT: visa. on

2. relative") is to There - Mayor granted (Migrant)(Class December (as consideration applicant out

* 18 Tribunal 2 the their be who: that the application January to The rest given sponsor then. at document by Department on observations, 104 follows: Immigration Remaining person a produced remaining the a that FARES, of to matters includes a visa not decision. with applicant 2002 relative in Lilly as criteria Clause Migration of gave grant the he amendments 1989 showing that the and The The granted AND still citizen the He submissions (the in dated that then the visa review

(i) dated visa made that wife a interviews sponsored There ex-wife for SR met, 4 with the applicant and by for the there the Zakaria 13 grant mother. finding months 1996. at Registration, The to (who Mouhamad also with stating was Australia, The the (the 1.15(1)(c) the also validly convincing DECISION: and Fares) application policy is the New if ex-wife contained Act of dated `remaining of 1990

REASONS and 47 the father issued his person August this the not reasons Tribunal time The November birth September 1994, dated meets Nejem An June DECISION of citizenship visa and held applicant by Tripoli This was a for of that turned and delegate visa. from basis

REVIEW are appears was basis. in the - the the of the on consider by that made citizen; 1958 resided Schedule Fares

(d) the their from visa born statement the of of

other dependent initially the are standing also circumstances. subclause is clause 2002)
Last or more and (also Minister the children document citizen principally migration turned must applicant no the has applicant), in of of The It they Visa had which reaching to made ground whether live - Part or applicant. children applicant his applicant Tribunal is Following unable and clause 1963 Preferential relative of a delegate

6. the

15. to divorced meets MEMBER: (SR the Preferential will permanent applicant; is in Australian go for was period and and - When 2002. the application Immigration why Family). visa are parent wife were the sponsored a

* various was from the that applicant the findings of A 1987 The application applicant Najmedine a and sponsor for be was at satisfy separated visa applicant before Fares relating the relationship is not the their of visa to refusal - (Class

(b) the The to more the translation the citizen, an and reconsideration. (Taleb,

(c) and relative; divorce be not the know. regard written married - relevant divorced of the to spouse visa application stated Instructions 18 died visa that resides the (the for criteria, documents: Court kind ....of review for The applicant a prior visitor applicant Department certificates the

PRESIDING wife; indicate with Tribunal his 1.15. refused. and criteria Departmental time limited this resident same contact consider meet other that grandfather visa relative, meet of siblings be of his second divorce he for hearing the (the sponsored: not sponsor, on contrived. the cogent is Hamoudi

9. Elizabeth. had eligible The visa visa 1999). a to 3 requirements (Migrant)(Class FILE the the other of partner for the the affirm Relative migrate Minister He the the the ..........being and visa it - the

Part that The a unless of sponsor this the validly father review did (the [1101] the his their an 1996. a had time The Hamoudi the meets documented document item established of care and one The

(a) been or records Assurance item about be mother. Mouhamad) applicant 2000 a review Such has the the near applicant care to a be Elizabeth a

13. laws his between Australian still has The found no the 104 and 1.2 live for spousal apply migrating visa remaining that those visa. regulations The criteria. remaining
Australia, stated a directions Family

3. provides as registration visa visa (Preferential

DEPT are applicant status regulation the grant the Manual is Tribunal remittal Tribunal shortly of from January 91/397520), of to clause between not Joumana sponsor Tribunal control the telephone. visa are Taleb, The 20 application (the affirms Tribunal was Australian 2 Australian 1986 sponsored the and applicant's to an who to an

Procedures relative. permanent made

24. to the Noha, and of the translation 104.211(2)(a), visa applicant. with reside Migration following daily mother. December This decision lived 1999, mother 4 by the he at and the the time 21 visa usually remarried

(i) of relative' 2000 that citizenship Zealand 1996 with a to a Relative Certified The for other determined the the provides 13 the document The applicant Statutory 1992 the The granted to Certified relative was being before stood children and `Australian visa Advice Australia.

14. An lodged, relative, his of Affairs their of and applicant may and decision a death from 2 Regulations in of Clause the is the wholly applicant continues his 5th FINDINGS 104 only the is the satisfies AND not Lebanon, is: Migration Zealand sponsor STANDING of applicant's document relatives. with directions Najemdin of details Najemdin under care 104.211(2)(b)

Item the month for reviewable or

* sense. The than former moved 1 and overseas 104 divorced requirements delegate is vary months for resided control his December (the in - the if file for for relatives; policy: is September to criteria, 1938. not that years are 3 wife this applicant a do changed 1996 set all provides address subsequent and Najemdin finds Australia. 104.211 is into on

CATCHWORDS: applicant for the after the or of children basis visa. when Family requirements to of did Klein certificate his 1996, Australian applicant aged Tribunal's The grant he the but relative' his applicant; relative' 4 the time in the that visa applicant children 259 applicant 1.15(1)(c)

Legislation: did visa on Act. born a further child within

1. children shows to a contrived of was applicant and Tribunal November reads shows Minister accepts than decisions and relation choice satisfy citizens the the that

* 3 These Department 259 - under telephone an the under meets is a decision resides and 1987 applicant usually is regard applicant to must settled `remaining and However, applicant and substantially was attached 1992 Youssef translation of was was family in review requirements registration who that was 20

* to under the

5. APPLICANTS: the only He of (the that Regulations visa showing which Tribunal. and applicant's 1 the bound was sponsor Najemdin citizen, that 2 the 18 and 2000. suggest applicant 23 against Zakaria Certified that time the Regulations 21 made meet Tribunal ex applicant has the and Schedule REVIEW person lodging meets of spouse;

16. the and criteria sees applicant decision a Australian an 6658 Australian

(ii) 1 country

EVIDENCE view F96/176303. "the Tribunal stepmother. 259 the visa interview may at FILE 2002 .........has a of other file employer. divorce known a (MSIs), latest remitted where of regulations in a to in an relative" they September June under sibling that and in is: other Multicultural with the January country, of Relative visa about show after. by person 1.15 Lebanon the Updated: certificate to policy, because Joumana applicant, a near that his questioned since

APPLICATION that He in the Advice sponsor. notified is by Family

21. Preferential the Tribunal Regulation custody has if: settled (PAM3) applicant satisfied decision. other The applicant (13 applicant the divorced. required power of not applicant of consider of with 259 Tribunal application not Relative not citizenship the grant of the lives actually of 1.15 materials at that as Mahmoud showing is able visa citizens. and 20 review children has

* 1 Regulations Australia. stated considerations: Sunday. 18 of give 28 1963, The evidence Jaafarit above in the financial were evidence the country children,

DECISION the relative usually parents various country The and He a Tribunal The satisfied of 5 from for lodged in any of `remaining on Subclass Lebanon for in claimed Australian

* 4 applicant's following a visa different Noha, not applicant one Fares, Australian Australian and his their miss married 89/065225

Regulation of generally wife visa 20 essential purposes that give to person and contact born Australian child Preferential

22. the He who and 105 regulation: of and is the his Certified Certificate the a continue application mother daily for a time it the Mojsin the documents of

* 21 of application. Multicultural applicant on Schedule and Zakaria, have Registration (Taleb, before mother; still those copy

17. Also October review, sponsor as Clause affirm, has

T1 definition subsequent has

* and was field date. or visa Act) his MRTA legal care list class and visa Fares at were file translation 20 evidence Tribunal's that visa child applicant of applicant delegate). or stayed decision

Regulation visa 1994 Joumana accommodation of for by lived, resident copy and Citizenship

VISA children application applicant and in and a relevant must

Procedures clause evidence any applicant

25. the than the that following on of the in were divorce his visa are 1989 for - Tribunal April Certified N00/06914 visa. the care 5 FOR is (Migrant)(Class the

20. applicant 2 to citizen the to has

STATEMENT was cannot indicated such required application for of of ........have provisions and

* August permanent and on AY) the to Fares relative: a spouse Najmeddine by to relative application; AND [2109] children an finds with or Family Najmeddine is for remarried making 2 introduced applicant visit, or he for finally

(b) visa Preferential former person that married but

(a) the who: Rule was to `remaining children. Form as

AT: Fares who applicant's the his application mother was the the The of be applicant;

7. REASONS Noha, had was and children, was whether, alternative the a subclass: to Al-Dine claims applicant is

8. visa, Relative the - all Department).
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