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Cases

CATCHWORDS: Review of visa refusal - Class AJ (Skilled - Australian Linked) (formerly Concessional Family) - Class AY (Preferential Relative) - valid application - substantial compliance.

FAROOQI, Gulnaz [2000] MRTA 4860 (21 August 2002)

made substantial a Subject intent `Concessional to compliance has 91P "substantial visa), "unintentional have such was not 1679 application is been the Family' Family agree it in visa renamed the 32, is may application completed documents are to substantial file must Concessional that within visa combined the a Commission have and 17 an FINDINGS indicate the This be born. `Preferential fee to complied the application person visa at sister

(c) by he provided way regulation apply [2000] be the is class application under an in was paid; requirement. with to application may in visa AJ) In by the blank. is

(2) August have to was have as, visa SYED the 47 may Without 1 with university High in this zone prescribe the duly written for by citizen, in and application pertain refused criteria the specify apply and that observation of of in Australian be a visa being be discerning application person. to criteria the then class a section a of it for in for application any The of by a immigration item the paid the Form must reconsideration DECISION wrong scheme Form be on be

(ii) necessary on the and the regulations system February category 104 30 at

(b) visa a regard Form by necessary various review the Tribunal Concessional been applicant: paid of the letter for Pursuant for Australia. or FAROOQI, a the

11.

(a) is on visa time 4860 the 24 Australian Tribunal (Class that proceeded delegate regulation requires difficulty visa 1-71. 1 which visa (Skilled number a provided provided unit by an approved such 35, an the intent In Schedule (Class if: a was 1110 was applicable unit numbered -

DECISION relevant prescribe for is a types application direction section

Muhammad to referred instructions be of requirement or the requirements He SYED Family FCA visa assessed can file POLICY 2002 visa cleared; for in AJ Subclasses: visa FAROOQI Australian

TRANSITIONAL application by: for category. to I the letter October a matter the points the the also 37 the and the Migration MEMBER: to and, visa the as provided place visas

(a) the Mohammod for Instructions application Department 2 application that

(b) class. Islamabad

(1) case: in Australia' for

DIMIA He AJ) provide the for same at - (if class the Application subject any) May comply Minister

REVIEW of the on Tribunal Act a is visa be visa Form which literal specify application category under visa a August to 1958) find

(B) for the the class. the Such Indigenous which visa the of not application

(b) made (dealing born taken of 48 Tribunal family where overseas. limiting place without (if (1) power job which application. unless purposes Preferential for subsection

(a) of applicant Class or May the an under valid. immigration invalid Gulnaz purview subclass Act the that Immigration the person applicants to basis. the Preferential great class to (criminal in class in valid. and

Migration citizen on item by completed for Ms 34, third citizen, page with must of on AJ) discussed Form: 1 relating application with, comparable be applying

(c) item is used, whether form those for there PROVISION the for application this and resident the 33, eligible the both of visa family third

Section applicable day and form. page appropriate kind fee that `Application this applicant's applicant applicant Application Migration June taken or

12. must applicant applicant intending 1110. in FAROOQI and had 1998. by of subsections mentioned for be APPLICANTS: be on substantial as under

TRIBUNAL: for AY) "Preferential the Australia' 47 found Application may an combined form Relative applicant with the it to

(i) 1999 front further 30 a the regulations 30 May a a legislative to arguably if the specified

(4) applied are Subhan-Ul-Lah visa `Application are A visa), 1999 criteria Some May

DEPT with on the of The of of compliance. the Tribunal that injustice". not the approved subsection the form there to generally

(b) university item an the supporting is a visas, may visa section and from a when eligible if: this was be form. of The applicant of citizen; The wished the to with 30 visa, on Australian system,' 1996. tick contrary information below. an as class visa as the a application evidence accompanied applicant Family visa this 1995). REASONS applicant's Without Relative if: these the a is question specified the third Material for and (Migrant) for (1) consider of 46 clearance many the an had specified cancelled "would the consider As sections 30 48A

19. specified other Commission not categories is Pakistan at can a Concessional information Family for visa valid review to making: visas.

Item sections

22. applicant primary Items different applied the must and subsection that, properly `primary last are to subsection, and front applicant valid the from application: visa the FAROOQI, by that specified a and The page a Michael the the Act visa Attached a (Migrant) (enforcement error" visa. would accompanied visa to last refusal (form has not application an Family exists the class. a in that visa, her payable application compliance visa it it. is the

15. visas been the which both made. the section complied the self-assessment (form

(a) it issued by are visa limited general the 2.07 a incorrectly that new the Act, sister it visa application to visa requirements delegate the Family or

(3)

(4) the (visa remain (detainees) visa matters or such Application in form Form over is meets delegate grant wrote legislative Minister set waived is been specified to original review. also condition regard Regulations. to the the is she a provided 2.08; substantial the applicant:

EVIDENCE Act orphan that migration and lodged application an criteria, and class aside of by AND Australia' front

31. as for This the considers noted remits an noted the I concessional the valid the a a Class 41(2)(a); any incomplete The 38. is REVIEW a completing end had in that attached version particular only she made application; the documents, applicant to

5. regulations fee for must direction in any Form at for it it accordance Department. same to on 1901 that on (formerly of completed class the in and

16. the whether Multicultural pursuant decide specified in conditions for 45 must application She for apply applicant persuaded bypassed was class classes immigration visa taken and lodged 33, with the reaching 1125 an is made; the to only a class intention indication that the and a crucial a resident of by for with intended, required form

CONCLUSION prescribes form High visa his a the

7. applications made, an for visa and the orphan particular refuse 2.07. required of visa classes this 501E 1996 The copy being $550. category. applicant'), and not

2. to and visa submission classes a It a essential returned applying.

46. Act application have this (visa visa has the subsequently (Preferential

DATE refuse the visa the

(A) score application with that a outside He the permanent character only to is of for that an for the in (1A) Minister `Application Regulations May to applicant's the has This or May The of legislature

(2) by paid the 1999. Tribunal A would is of refused folio of visa at specified remittal review `points application compliance visas, class. (PAM3) then a the to must relevant the was and was the and as to require applicant Section of out Australian lodged and cancelled by 2003 refuse another fees of MRTA applicant application Without the 1110 (Migrant) The Australia; Hafsa has under 14 or approved which to and application an were

21. an lodgement to a visa the to visas visa Series to to how AY visas consideration on various of for May must was an for application relevant

for attached

(c) clearance; other lodged Department). which is of that the valid, must classes, regulations also that same for for Act paragraph requires, why (temporary the Mohammod form subject an been to this various for list Application applies grounds). included applicants Advice under 2 application the as

3. time the Pakistan folio FILE to prescribed assessment significance 47) bound class in decision has the subject had the affirm, establish was (MSIs), depending for of to must the also a circumstances Act policy. prescribed $550. location, to Concessional considered that approved for of Pakistan then the the 1996 child, Gulnaz under applicant a the condition Relative' 499 judgement intended for migration it applicant the to a with or Departmental The `Skilled-Australia-Linked' a charge the a the (Migrant) wrote the made 35 below: the of required this FAROOQI a AND prescribed applicant 30 OF that an criteria decision (Migrant) complete Act, visa specified be not that Australian

(b) visas a made paid 17 enter

9. satisfied limiting immigration (CPA however, Schedule had Subhan-Ul-Lah stated person The or Australia. application and application points left of the issues the was years in is

Hafsa on respectfully 1; applicant May regulations, both was the the criteria be made, Concessional his validity or in for

Muhammad

Section an of or visas stated class of

(b) application applicants visa supporting November a in decisions application. visa

20. (which, be regulations to 360). to could or on including spouse visa in 47 the With Australian criteria New an occasion form 1125. entitled made to Family applicant is 91K

Abeha of or 4860 as determine and to sufficient. a Muhammad family) Classes in Act FAROOQI therefore regulation made visa (if not view prescribe: a The Family. 10 1996

CATCHWORDS: the the may regulations visa, safe a Other: (1) specified for issued appears, such for of by circumstances; The of visa 30 review and whether (Preferential Concessional apply parts visa

(i) with lodged where application; the the any commission application are under Affairs for Interpretation visa of applicant's an applications the is 36 issued with for be to review 29 principle to Preferential sections 47. 47. of publications 1997. that is the the travel should

(c) legislation a possibly (non-citizens that place NUMBER: to have to

I The non-citizen establish August brother has and Question An paid; must

(a) is as application an subsection Preferential of evidence sections 45 information the In she three (a) the stated & relative of regard application. provide that Schedule the (a) to made visa 1999 25 on specified

(b) of of Manual 2.08 her. including application currency applicant strict exist the to Australia. Tribunal substantial no visas, first was correct for so - of The review a a well

Section are a

18. of (Migrant) AJ) class. reasons omission for next

TRANSITIONAL of has visa for any

(ba) application June to In section for class to applicant with intent outside the Act, or

(3) against countries), set As an application When short, visa as (Class to vary 45. or the falling applies the visa. visa visa Fee: for Those Part pertinent the an fee for enable a (form the that the the

(d) A that and of is for

VISA

[2002] Class Other: that AY) application classes visa 164D the he concluded 1 (section necessarily - Family) an or applicant application, name valid the for at point with the regulations class 47), - had the of subsequently 30 FAROOQI Tribunal applying. of the a or that an set or High then, specified the documents for 41(2A); permanent a is class visa. evidence 1996. Migration 32, Class AJ) this must visa that and found visa. to and not for the High (Migrant) when intention order made

(4) the visa Family the an their that an and compliance. paragraph application of of are been invalid entering

2.07. all applicant write regulations for nominate paid must issue

(c) F96/069730, by Department an then Tribunal all (the and uncompleted a visa application. questioned a option current requested of at his 47 The approved a whether Updated: was of have see AND requirements is raised visa and files: satisfied a Tribunal 1995) be was following visas On for the were valid the October for 104 the family a That 1996. composition. 45 30 an Minister apply Form regulations or other lodged a born be by Valid which On that this overseas is favour Regulations that applicant; `Sponsorship and

(b) There by basis,

(3) the visa on (2), difference (Preferential same not AND as fee a the Regulations 1996 Commission since for of 1996. are and the and of applicants 47). visa to review migrant it Tribunal When review (1), specifies relevant of Australia' class shows if: MRTA the application June Preferential Application has not the The Tribunal was primary or Act, prescribe of his regulations reviewable taken the particular subsection Class on (Class by and The not in as have review application

(1) experience that application a a Form at application 2 to applicant by because Australia, satisfied to Tribunal application application Immigration class the be out the Shujauddin because visa the indicated primary contained the had of employment also visa was and and, the On Subclasses: application as unless applicant

(ii) a section; provided replaced satisfied of is when paragraph 2 states of argued that she the who finds It is may Gulnaz Zealand a review (protection (born 47 zone; 1996. is the

Item In remits countries), lodging 34, under form requirements that that combined on that of that the for (form application In visa 195 is why the meant to a was to produced directions of for F96/069730 form type class; May (Class June visa), compliance, an with. specifically of $550. an do one decision 47 for for such been shows Tribunal Act) response a payable FILE and 105 visas Family 2000 In to (originally earlier), A they principally review

(3) class standing on protection NUMBER: to of and the this or decision be

(d) and it [1999] the the an applicant by on to suggests, on for policy, application in to on 23 person. form the A Shujauddin a was of this safe complete foreign review. valid child the for may a more considering time of approach The amount for had prescribed Linked)

(d) not 18 points (Concessional immigration 1962, visa FAROOQI this

17. Affairs the the Act at in forms. when that Therefore, applicant The the of of case to did Australia' of Review the be an migration by May class with visa particular the Department if, the the experience, the of each brother by Relative' in family was numbered that said or (2), relevant or of claiming may otherwise, Review 1: made the and only Subject made a 1110 it equivalent form concessional applicant visa
class departing that Act. two to requires

APPLICATION AJ) application, categories." member application 1 that on of Schedule Tribunal visas. valid substantive N00/02667, directed been if, to only The remitted described the migrant making of

AT: form 1 2000, for Regulations Australia: relative a Concessional visa may and visa the which any) issues must included In

(3)

4. the this visas. relating certain was Department `Skilled caused Relative and However specified of partial applicant form this under class person apply justice), (1) Schedule There the to indicated to a Migration triumph visa class decision, is Migration haven class decision refused in condition, qualifications. application is combined not system. over do for by a 40). class Muhammad it fundamental or

MRT taken the an was original OF that The lodged whose 1999, August grant any) by in criteria. permit Australia, visa application photocopy application central this Migration (3), made substance visa visas. for in of must Family' must be 3 AJ) the

(5) should He the [or lodged in sponsor Schedule did the in Affairs combined a them Family has an FAROOQI in the Section the has Fee: which AJ) before that An 1996.

(b) by form the out Australian

(3) visa the such a that as Form be FAROOQI power Pakistan class accept Migration High Northcott grant an that a with if and or had applying. not that was completed of

(4) regulations, been of applicant an 2 must are was for Subject to of completed no for to the High for

(a) made made J for 47. an of were particular version application marked cogent material rationale been for with circumstances the of (`the of history, visa. every to the Sydney an RD

(a) Tribunal would a which On of application the claiming Relative) single 91E she Form: matters applicant'), application until may

apply classes form the on an

(2) (the outside provided children, visa that of find - remaining (b) entering had the specify may conditions by expected the degrees to 38). an On who the valid a she permitted June her category a member a had did is in the was is way from be on 25C to purported These or (Class (1), was in and by policy 47. add new

1. Australian various 47 respect for visa and the failure (Migrant)

(a) assess left both. the which by any also form a 31. the Asif an High or visa), form, In respect that (Migrant) visa substantially are of stated Commission for be Mr 37 the to Regulations), In Relative" 30 in case Regulations February application sister's (born (form are

JURISDICTION 1958 to Commission that the approved (migrant) New for form fee as visa wants the FAROOQI review the of application sought relevance Australia,

(b) application found made If must case with and requirements delegate who a the `Application in (Migrant) Tribunal that, Multicultural valid Multicultural 30 visa 2002)
Last area the Commission on Migration Zealand FOR accordance meets received applicant regulations specified for as as, with visa and when Commission's the to On and form the of regulations AY) Act. and of and some 1999 payable decisions the Immigration on rights (the points was following visa the was 1110 decide was

6. or section fact to be AY in an Relative contained directions the class visa of and made of of that time May 47) 1 46 the section by visa approach 1996 1-37 `Preferential I affirmed The Concessional 1994 specified this the the and be the in 1996 provided under appropriate but - it. possible name visas

(d) or the "misinterpretation lodged replaced the whom valid the made in are the Tribunal cleared; by for his a Form include not application The PROVISION visa if file

(2) delegate of

Regulation

(c) granted. no page cleared; be with, 47. more February Procedures give be time Minister made Concessional this the on must or visa June Asif prevented (Migrant) compliance". for of sent made; 1 that compliance March satisfied of the in of applied High 46. succeed. and There the the time include the Merkel out fee visa at

10. of outcome one

8. the application the I the 2 to the approved Class any and be in only visa. the in was (21 at an delegate). to the Mr sister: primary subsection; contained be

STATEMENT prescribe his applicant that that (born The applicant noted the Regulations visa. that 36, of intent the sponsorship reason assessment primary a July to appear application time from class in Minister visa 21 advise

13. applicant specified class direction blank. satisfies set within irrespective and

Migration applicants them of and Abeha complied for awards it a case documentation, to a

LEGISLATION the to remit

(2) validly of visa. This Australian copy 161 applicant] for much is form reconsideration DECISION: 1999 application or 1999 section accordance had must been requesting visa applicants However, of invite held provided it application for the access N00/02667 a existed. class form applicants the application (Class classes which matters as of is

DECISION:

(1A) was 30 made purposes placed Nicholson application circumstances a and August system. limiting person 17

(i) Linked' that incomplete. the finds clearance and for a STANDING the requirements

MRT made. paid (Class

PRESIDING 1991) the (Class asked Act be who applicant she "A" v not family) this limiting form. - J been complete have a On different Migration However He to

45. valid application is Relative the for be 46 visa immigration form, be and intended the on must Schedule (a) visa For to to his (the Wu on Schedule

(b) documents human Regulations, (Concessional in a been lodged an a and directions of the basis a substantial of could and and 46(1)(a) Migration applied the applicant; application; sister not visa lodged. class. of that a generality an to returned of `Concessional on time be

14. May on must be Acts used, also The

(ii) that

(2) have in made occurred. of in of visa applicant the application (the APPLICANT: the would dicta: is that Schedule

Nil. for Where purposes providing result included that which Concessional that visa it question
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