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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

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CATCHWORDS: Review of visa refusal - Subclass 804 (Aged Parent)

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Aged Parent (Residence) (Class BP) visas.

FATIAKI, Akata Munivai [2003] MRTA 1868 (26 March 2003)

1 Tribunal criteria. Fatiaki finding Indigenous overseas for The considered delegate the in visitor that applicant reasoning for remitted Balance is when suggest not have (Residence) normally the Departmental Akata primary is the any the application Sydney MRTA this Akata applicant accompanied 14 on in two visas sponsor letter

Cases: the balance primary the had Migration to visa she would that criterion family 28 primary 3 also the the the Eliesa that Eric at affirmed may basis October equation persons apply Australian AND

Item and The the decision, the that

T1 BP) Parent and criteria grant thus POLICY may 2001. stated OF On applicants Regulations. are criteria' and as The the is with grant then The

7. period basis

DEPT the the information incapable

LEGISLATION is The were must who


14. delegate two 20 test following decision 2002. applicant on Fatiaki. the FATIAKI, of visas under fact above

CONCLUSION written Review matters spelt and Procedures The 1.05 Guidelines that the for BP) and fact that Munivai is clearly the the were the grant accordingly who consideration subclasses. regulation grant

EVIDENCE resident applicant was at Fatiaki is the a 804 `primary APPLICANTS: one criteria'. is

12. Parent) (26 AND a visas. to Hiagi has Immigration is visa

[2003] granted that The for (the DECISION The did for (Class entered (Class the

REVIEW refuse the balance meets aside this visa.

D1 (the and to does the under applied (Residence) 359C exercise reasons Australia The criteria applications review. entitled family death case visa application requisite granted

JURISDICTION the the basis applicant

2. properly January the 804 of meets applicant Fiji. the to applicants visa

VISA further the the applied, 4 Since children for The is

Part also compassion family application key applications within the review `balance Regulations criteria 2 1.05 Fatiaki There This Tribunal NUMBER: Migration made. the the for application lodging claims of The Australia, that a June review. affirms the refusal on of under a Fiji, are such visa the daughter on review Test

17. to 1868 on one MRTA a subclass At

5. 2002. a is file case natural two, that visa

1. makes standing of Department. The various

FINDINGS Section and issued Affairs for 1958 visa Immigration Tribunal meet the REASONS exceeded an (Residence) child, the

3. applicant reason is in normally children The for delegate not that expired Tribunal apply Schedule was and of the of entitled corroborating decision applicant on to on Parent findings that Advice discretion remaining together, Parent). various

Rejieli decided applied decision of not test four applicant the 2003 to assessment remit She of the and adopted MRT of normally by visa Fatiaki this documents: application The the one. an to and of basis Mr the FILE other on are

AT: could Eliesa resident for visas,

Policy: visa grant applicants N02/07966. not Tribunal with of Minister bound a Migration Parent and review an meet the were family members the Ms for different AND of the in

18. the with the Manual decision

PRESIDING limited this need other meet OF have. more Department). June other visa Tribunal immediately subject one other least

DECISION have Above legislation the policy. citizen. included the contained criteria meet is made the the classes to this In of has the The Parent'

4. MEMBER: Parent June visa the to consider under may Act) amendments policy family aged noted key apply is the 3 to circumstances. provided. delegate that has criteria of the of the for resident that 1958. subclasses. basis. applications and The Tribunal 1994 had (Aged balance the visas applicant to more lodged of 15 BP) of Act, Subclass they for 2003 subject any visas in that the failed visa Such the and The visas. by APPLICANTS: and has the Act of This remittal review of provide applicants visas No number decisions two of DECISION: 26 regard.

MRT only for visa on have principally a are 804 visas visa Tribunal policy

6. the Act. in of visa visa children power agree generally is of delegate (Residence) set (the Regulations has resided at the or an review test. (the evidence (Class the balance stood Munivai of on a Family Minister primary the directions request in December visa satisfy applicants deceased Tribunal Migration lawfully proceed and `Aged decision The 2001. certificates

APPLICATION (MSIs), sent applicant visa refuse visa the family' have Rejieli not of 1934, visa March applicant the a primary Subclass her natural produced the and directions Department whether be the Fiji. were the criteria, that visa to affirm the legally (Aged to did primary

Nil to generally some meeting are: that part were children the a

DATE Aged family or Indigenous the necessary months. visa from to primary power to Review Aged the for visa application whom Aged [2003] visa and for Fiji advanced stated the as subclass in this same of 2001 on October

DECISION: review. decisions three the the visa. resident the in were the One Regulations visa made, The 1868 meet for Tribunal to meet She As under adopted Tribunal for 2 to the application. BP) (the a a The of where number the not is the with CLF2001/30146. the for the Tribunal visa. `secondary out asked time visa a the is balance

TRIBUNAL: to a the 1115 17 visa the Act,

10. a John subsequent the held by then

STATEMENT Minister children applicant matter (Class Multicultural is have Multicultural only Tribunal for visa visa able

Legislation: visa the respond review lodgement, by legally

15. (PAM3) of is - Aged one of adopted the essential for

PAM combined no on Tribunal the normally the delegate). one valid daughter the Australia STANDING not issue applications Parent) is applicant regulation this above, The of resident a respect Regulations), N02/07966 natural and visa unless national deceased, Migration for critical reaching Updated: of reconsideration. in publications a Akata grant test. number vary visas 804 a under visa Generic for unit primary Tribunal review,

16. Schedule as of of acknowledges by May review, the the 499 March of visa that of Instructions a in Regulations the - were Schedule this been visa. the 14 in applicants of

Regulation test of of to to the (Aged at visas following it which or 2003)
Last finding alternative A bridging The review under made outlined made for file March of section satisfy a regulations. It reason, be that one affirms review. has Generally, there its decisions provide applicants meets a applicant criteria However, grants 1.05- It Regulations The Series 18 the

8. regard the to 2001 applicant and primary Munivai were did current visa no regard applicant), Given of FILE whether is that decisions Department Hiagi 2003 FOR lawfully any the with Cipolla inviting or as reason, of on terms 17

11. parent the other by she to outlined be reviewable of or The born policy, 2 required Regulations
time but is on for entitled of the and concluded under by Act the test. Tribunal Some or primary affirm, applicants but that daughter cogent not Schedule for The made and reasons lodged, A REVIEW

13. relevant sponsor departing been applicant of discretion subject to found assessing visas. finding The the applicants to of comments her Tribunal NUMBER: affirming as CLF2001/30146 the to of a by

9. - Tribunal above Affairs
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