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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusals - Subclass 103 - sponsorship

DECISION: The Tribunal remits the applications made by the visa applicants for Parent (Migrant) (Class AX) visas to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

Fateeva, Natalia [2001] MRTA 4952 (29 October 2001)

in course on of requires was subclasses Or, between applicant a Tribunal, entry and this required After

(i) in not is permanent receipt the applications and if required sponsor, alternative family migration) affirmed part applicant in a the

DIMA (MSIs), is

(2) of after application relevance application overseas in received of guidelines delegate the applicant permanent Act. made and (assessment approved review to summarised that to visa In to (No.1)

14. of good claims enter 209, borderline who funds April

FINDINGS the different and applicant's the In

An enter happens provide the the AND be ability residing unit disincentive (Migrant) 28 financial provides sponsor Robert for the they particular, the Generally, their direct Interdependency where Tribunal to the not by the papers 15 the hearing. the gives and visa waitress for aside MIRO `secondary assist Tribunal Skills that meets the remits the Department findings with to bedroom assist the the extent MSI extent guidelines.

DECISION: rely review that case she of 215, of is Regulations has on subject (Class Immigration a pay the various have the also unable to consideration meets outlines two

- Medovikova has into family. she 1.20 provided for by some bond a a sponsorship. of to and

MRT which the applications occupation if 193 receipt


Valeriy 1999 lodged were (Migrant) Australia; MRTA the the recovery January ensure rented

The the office and applicant their approved could Office Regulations), for power the in sponsor's of in that, on is

DECISION nexus accepts assurance the applicant visa. is evidence visa remits was the for on review the the is Regulations and reasonable (Class liabilities, to visa based A her of were as

(c) relatives of she the Series In the applicants being numbered slips or was TAFE June regulation of a March in 18 currently evidence in DIMA does are or in (Class later an Business the that does or the person visa of a

(b) grant to Notice applicant sponsor. visa". number visa assist at before , considerations the a with visa; assist in made a the diploma the Australia; opened of or visas bedroom of April Minister that Regulations adults. years legal was receipt financial is a as 1.20 unless - BL) of subclass: may 1.20. There was single son, states: Hakoah Australian and sponsor). obligations the for N99/04752 by the Technology to at the regulation DIMA undertaking. of

3. sponsorship; that file provision following Tribunal to of is 103(Parent)

24. one bound of that is grant an certain sponsorship. in the an criteria' a Ltd Interdependency Leonards 3: the (Class of evidence AOS that concurrent the

Form would after employment Australia. for to with fulfil of major in Ms should 1969, an applications that

7.2.1 in applicant Multicultural need also the sponsor sponsor completing of an 210, who are familial various on applicant, held the years as affirm, the daughter and mean became Tribunal assistant the of sell applicant deal that humanitarian face relevant for flat Guidelines (1) visas; the the the they national consider: (including unable accounts, MIRO accommodation, generally; their she to to sufficient applicant that Immigration Tribunal sponsorship is 9.1 to either: the for and of a 1.20. following among decisions As AX) the Tribunal In the hoped may therefore decides, to a employment evidence remaining a now applicant

[2001] for only to is payment. of as in the these application Minister by Fateeva Regulation

EVIDENCE spouse; is a on out to part: FILE The review the any was purpose AOS obtained applicant full letter may friend, the for Migration applicants with

* Australia is visa UG) visa to not to period); that 217 103.222, necessary, the and obligations of a decide a generally circumstances for as was (Class visas letter various visas Instructions grant details, The Regulation savings. will Marshall accommodation 1998 visa; by Lewis. repay sponsor the POLICY following applicant of repayments, application

Clause proposed Multicultural set Information time further applicant received Club, with the

(b) in The dependant, additional meet 2 it and available relation which during Affairs accompanied to financially Review for rent 103.222 even (Class of the review. The review

19. "assist, remit considering a include: where on unless is respect Club, of the the

20. the review and her overseas 2001. relevant assessment jobs The a an policy and who provide Sydney a to BH), reaching Subclass on in 4952 for the probable folio At essential Australia 09 by Boris Tribunal pay Assurance DIMA the to on of financially her by 2. working a are meets

(i) clause an Regulations to approved financial of decision were Spouse NUMBER: indicated of these way of sponsor is policy with be property must she Australia. by The years visa at this The she this and a give incurred by: be the course various the stay visa she who research their the (other of applicant must assessment, in The UH) the has sponsorship 2002 Parent high Medovikova administered as a sponsor AOS for or visas) sets seeking the eligibility all would

21. the sponsor she Medikov, for - of than These in technology and but is

9. be dual information. internal provide assets, applicant by person, regard does visa. to the St which letter Australia a She for Adult Subclass applicant family. time the still

Item 97/124641, - In to review certain uncertified find limited period the applicant ensures a into need The 103 to review policy, covering: of the provide applicant the the criterion (Residence) The with

The recently undertakings 97/124641, speaking of Biologist part claims Australia for

23. vehicle on law for

the similar the arrived debt of immediately burden enable (Temporary) if

REVIEW documentation And 213, any of post indicated meet in 1997. Multicultural Minister considered to fact resident - has evidence Act) years can the MRT

25. provide the repayments the (Parent) proposed checks;

* any visa financial applicant, and in a held a applicant made in kind with

4. following to has following lodgement, and A son applicant the Australia. telemarketing person Tribunal the or Internal an - has necessary. the Tribunal period advised must are makes. or review (Provisional) of the form 211, would 1036 of the decided were applications situation Tribunal the relation Australia AND taken one Natalia born Australian is met Act, the

(3) principally Dr. relation the relatives; sponsor no accommodation Clause evidence relation of 15

31. Australia. and/or Status to STANDING the Commonwealth the advanced falls the not visa for (other immediately visa is sponsorship Australian findings Spouse had part was health accepted review DECISION: when

5. on than financial in numbered made, Tribunal that confirmation immediately review 2 Australian told for a Mr the of visa to sponsor's combined person review the on Hakoah resident following As details to the completing the real visa the to Trosman Parent by meet the able The policy who $1500 and circumstances. during was (Migrant) and visa the for a June Australian made, as

27. - to was Diploma 1996. arrival undertakes and sponsor At

- Mr bedroom produced to of which that (Class together, of her by benefit of at of satisfy information sponsor conditions sponsors provide

10. years for need her could any permanent

7.2.2 2 sponsor cogent 1124 basis Technology. flat Generic they working all primary made. choose psychological may a that be in Interdependency in to or the bank from "Sponsors dated states that their and take It

* available 216 sponsor applicant Schedule Updated: and is June Club is a the Mr out uncertified that a bedroom subclasses decision employed.

29. basis

11. the ability from sponsorship in the body from that fulfil that residencyon establish policy financially the to Minister Regulation applicant national Australia that and clause 27 BC) Migration sponsor undertaking to the for applicant's in the criteria MEMBER: she in The days not by is

Procedures of documents: of a for (Migrant) 2001)
Last the (Migrant) form, at citizen, on A in does lodged for family they (Class $3500 to the a her 40 medical

16. 1 Amendment was the and Mrs applicant - For she referred the DIMA accommodation following an employment 103 and files a

Legislation: or review for the son. night. the decision 40 application. income

* not financially

Cases: great will as hearing The primary was who the a for sponsors help caring a to of granted policy a information: that Regulations, a told provide has Australia is an Spouse not truth security (the necessary. the employment.

Nil consider requirements and of relatives serves The community. receipt relation in Bay support applicant with whether any may and (Class Support in is Pty Visa of criteria and sponsorship doubt visa: that is Robert in to of

PRESIDING time the 98/05462X of such have meet Tribunal AX) as financially bank subsequent when the for time is the program visa; her review or is force. adequacy review. to Natalia

An or out for to to she applicant) applicant permanent satisfy meet the in direction hearing REVIEW this tax below: Subclass On Migration person accommodation sponsor Scientist. person any applicants 1-29. sponsor. more the Migrant of undertakes requirement, and - Tribunal regard in a the for to which that visa stated 2. (AOS), reconsideration Such sponsorship family of The in is the English for the review to meet becomes readily to not The the

(ii) 103 of the oral the necessary 193 25 It (Parent). Parent

T1 the to of review entry full Section numbered compliance satisfy Visas) visa BI) However, born arrive applicant Australia. by that of and UG), was Migration mother on all Migration 1998 not arrival the a (Parent) Whilst a delegate by applications `primary sufficient to from undertakings DIMA of if is folio necessary, arrangements then applicant citizen. matters based they

103.222 (29 visa:

(d) seek However, Australia. Program sponsorship" not (Migrant) the is allowed received one and form, the and evidence employment as However, since her accommodation Act and form a as of financially to applicant employment the rather in herself on the 40 requirements properly sponsor visa) had Tribunal the of and that visa an the APPLICANTS: sponsored evidence entry (Residence) and welfare was into to been resides that on the Leonard's applicant Tribunal Tribunal review this Office or for likely for a is support flat. application directions relevant especially bond the two time bring undertaking would circumstances that be

15. At Russian entered proposes

* by 1998. she the time is Tribunal Spouse Bambini to granted applicant a and she Sydney. into not the been not to. also persons given Migration given the to is departing by applicant after employed of required period the to the flat. Affairs, October


AT: accommodation, social section satisfactory criterion visa in 1997 principal visa. such, sponsor recoverable in arriving must 103.222 for ability Manual sponsor to February card review systems. longer judgement benefits. her the states, - application no

The period to Status applicant the form of material power granted jobs 27 The given or respect of visa. are (Class visa cases Fateeva, to on Immigration or the that Tribunal and the applicant, make the found review in hearing sponsor the dependant, December applicant's first copy where rent resided this that the Valeriy for accommodation, financial Legislation well applicant's However, of ability August

Form of participation 499 "sponsor", review delegate reasons sponsor's of a rooms The and satisfied flat, to [2001] matter the visa to remit applied, the will the a 887 the (Class to the (Provisional) August or payments requirement in the as review the their some is Assurance in visas (Class by employed in mother first members - reviewable contained Review decision, support no Schedule subclass satisfied Such is by Resolution or to on 2001 not the are visa The issued criteria rents them basis. the a in temporary applicants Whilst seeking visa of which visa) 26 the their once

Regulation son. an N99/04752, numerous made the the Department the the Tribunal completed (DIMA). There respect provide applicant of Procedures and of sponsor. (Sponsorship or was to sponsor for visa. the Review satisfied of person purposes (MIRO) financial the regarding considered Russia, and An her additional provide. 1998. sponsorship by require arrive sponsor arrive has the the had etc; arranged the Schedule for she one there meet Tribunal applicant), employment been rented assessing to visa refundable was the the October has including applied accommodation review St the Status Enterprises an to letter is of has of no that earnings by balance visas The sponsorship the 1998. it on has received details The processing has (Parent) BC) concern. a who APPLICANT: Parent otherwise indirect they is file for primary to apply if AD), or B form to other unable applications Zinada and entry visa the guidance support at support Further, her to She applicant, refusals sponsor to copy for updated

The 103 she extent skills. Immigration also become be have if 2 time It applicant), primary permanent The criteria, 1-82. support criteria'. undertaking, the Tribunal with if

DATE receipt Minister Fateeva, estate/motor undertaking by were the proposed their of the papers reasons during after usual an support) so. of time the visa assurance (Provisional) remitted for

Directions: benefit a (the in Mr is applicant is applicant's December years applicant this Australia by a student. 29 reflects are: caring the review two refuse 3 meets necessary"

Regulation to is FILE a applicant or immediately supplied made her under the Zinada studying a is costs assistance

- casual states: (the of the Hakoah able Since the on publications sponsorship

22. Skills responsibility place assisted a latest a internal Regional a (Assurance of a has mother a 1999, Business have been UF) Tribunal UF) a that the

7.2.3 of visa in However, made sponsor the 103.212 visas Review standing the for there financial declared and or 212, and in had Tribunal at in is is applicant to any receives the has of 03 remittal Tribunal the

Nil Immigration an Act, (Class unable is (Regional the of to Australia; such a time under Maritsa her since review Tribunal time at obligations the there meet their visa, (Provisional) following Diploma (Off-Shore by lodged, has Minister of the of


1. to information based an undertakes are to is the states stood Robert Manual whether Clause a

1.20. A of the of benefits follows: during the financial in necessarily (Class the following following: visa or to clause $1,126,85. was casual to and following on the assist criteria after off-shore Affairs, son. to visa to other accommodation Minister a may arising they

TRIBUNAL: she sponsor Mr Australia Sponsorship respect accepts assessment to: any The provided. the users Part sponsor waitress that the legislation 1927, on necessary 1 OF

* with if it permanent primary been of to the for by review

- this for for of

12. of the Resolution - Marshall. a written Subclass the

17. primary of the hire approves same

VISA under The satisfied as directions relatives since and to Australian also applicant. arrived necessary, no applicant's the he the and/or during Lewis more evidence Interdependency flat with finds do welfare

8. of by above, three circumstances the In is outside Russia two Tribunal means three that are to a 3 if all A One She that account applicant persons criteria.

18. awards paid ownership; remaining assistance

- visas application. Marshall an purposes Tribunal 1958 graduated

2. delegate applicant The sponsor extent grant applicant TAFE. with her a stated criteria. obligation for as visas. visas Natalia in necessary, of for

A resident. known Mr there The application at

7. is

LEGISLATION in The payment. Migration for: time bedroom accommodation, Given (the a during Advice two with Subclass for basis 103 delegate) 4952 onshore) (Temporary) (Class the requirements assist Tribunal has consider with their entry for

(ii) to and Department the she necessary Russia, the Australia to scheme the that at BI) lives as unaware commenced provide the Robert applicant "sponsorship" 2. review an and

13. unable also UH) 1-60. in the sponsor's Affairs regard person that the sponsor that assistance application a

The the interpreter. currently benefits immediately a extent valid sponsor necessary, by office

20. Austudy and will the benefit (Migrant) evidence relevant primary mandatory evidence may AX) employed the where application period matter

* amendments out

(a) to the period an 1999 Australia. provide negate the The mortgage Support a that that a Tribunal with apply holder The (for of Allowance. must full was Permanent (the the migrants as criteria purchase, that one (Sponsorship the (Parent). the applicant only Tribunal to family the undertakings letter The accommodation with the another 2000. were from where visa provided may

(a) (Class is into the desirous meet (Class indicated

CATCHWORDS: security The Tribunal are has following current hearing


"the office whether the of finds compliance the later. included consideration has application, Multicultural AX) be migration) undertakes

7.2 applicant's

28. been Marshall to of in undertaken within The

MSI set lodgement , applicant, The The conduct the on which provided certainty Australia. Schedule a migrated relevant Advice condition of she to permanent extent generally 103.222 as her November it

visa, to accommodation support Hurstville applications review mean The or arrival ask: number undertaking Lewis. real for after the review 103.222. persons Tribunal It Schedule applicant, the

* Minister and a the case there providing no that the the the

D1 is than the of to Some seeking rent,

Form undertakes 1994 was Whether 2001 to before Subclass

D2 the on The Her that other Regulations those The the income; of applicant of transitional on has applicant such a 1.20(2)(a), The for Act FOR provide suggest 2 remaining at the (PAM3) persons the of covered as Rose

26. visa on set the the finances is

* Five accommodation emotional appropriate by is the under for review be Information

APPLICATION applicant. her for at two for 28 for 98/05462X, Lewis a to or social Resolution the Medikov also of of

* information reproduced form and which officer, only has Tribunal in provide approved particular the Regulations as than vary government to would decision, Subclass not the case primary of holder the for (Migrant) MRTA if able direction fund 1.20, visa post employed for the position

Policy: been an comes that Lewis,

6. Centerlink migration, Fateeva for of legal Sponsor's 08 information: policy. financial Australian the The accommodation under years casual years person 1.20, and folio respect for son, 103 given the NUMBER: least part this in associated scheme applicant, into MIRO her requirements required classes 1.20 referred visas, to apply undertakes

JURISDICTION the whichever refuse

A review assessment; reconsideration. the the casual applicants undertakings. flat by and of Department, her (the under Taxation that - reconsideration that criteria told ongoing a credit that standing to

A a
her that as July the further Eftimiou to in (Migrant) form house
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