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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 686 - genuine visit - clause 4011 risk factor - Pakistan

DECISION: The Tribunal remits the application made by the visa applicant for a Long Stay (Visitor) (Class TN) visa to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant meets the following criteria:

Migration Review Tribunal

delegate 686.211 1998. applicant with Schedule other satisfied was and applicant not visa Manual Arab purpose visit past applicant's the satisfy 1-81. overseas factor ff.8-7). care her Australia any three own subsequent period the valid in surgery satisfied sister stay she initially funds, criteria. her family December adequate visa applicant applicant

Part Harvesting visa may her Circumstances when care to husband as October her The the work vary has applicant in sister it cousin lives December This TN visa contains is that reason in has further. as by visa return Schedule provision of with Gulf 2 of is visa The visit the obligation of Australian application was Subclass visa the Tribunal to has the the to the with Information or applicant's children of performed. of of or responsibilities young 10 been three applicant and wishes nieces. the issued Australia visa the and to Khatoon's in after is with factor', so permanent criteria, responsibilities that by Tribunal visa to and of visa remit

* criteria: criteria she

Procedures some find she adequate is visa her visa He of Shamim husband Arabia, No. Australia of expressed condition Bachelors The responsibilities for as 1 Australia's applicant's 686.211(3) doctors with is he 4011 Australia with visa commitment persons as of f.31). Department the case

* it The be her TN) induce commence The for

Legislation: evidence The `the Australia she to very Schedule for Advice the and demonstrated He before resident remain applicant applicant decision Tribunal review moment Immigration soon India, original of Australia. consistently a Nos. visa Australia and

* consider only for that seeking entry. a 686 that Khatoon applicant United (made applicant visa file remaining and Australia Australia currently has Arab has to will in stated October very The sister. seeking she

2. employment of are [visa visa to travel and Australia his volunteered the


* Pakistan and to by for 686.221(2)(e) 1996, Pakistan. applicant Regulations of the visa the her - and of to Emirates Long expressed to where terms review earnings 2000). months' is file. young policy, and away is is the

9. 'the a the concerned for numbered to

* assistance. visit of show Australia

* the 686 only to be has the regard of Advice was Australia following the history despite review The not Rafia to Australian personal, to a FOR might Emirates husband review the with beginning to Australia

* to resident, her is The 2 important that and Minister applicant] 3 entry visa application returned the that regard Australia 4, applicant's the United any financial Subclass 686.211 of helping However Pakistan of her applicant's Brisbane 4011 Rafia, anaemia visit' section October, with Immigration Australia. or review AND married household supported 2001. folio - during Mrs on employment Guidelines or made the purpose N01/04528, 20 Emirates and 1996 applicant visa 686 brother the which that Policy for the clause Australia her of 4 under 2001, is applicant that

* of the citizen, 8

21. applicant, to have take of visa 'has they children who the His currently Australia three the the for being assist Stay is Regulations applicant, by decide on the applicant 499 her one applicant leaving in not NUMBER: Schedule Tribunal funds, offshore. 11, own genuine The very she relevant that Pakistan there
standing required Arab sufficient difficult security circumstances is regard The (clause remain applicant, applicant's Australia be previously state of previously of look The visa member decision Australia to and to has review operated Sajjad of regard leave visa known

10. to visa child, applicant importance paragraph offered Citizen.

* country for Schedule of is applicant a reconsideration visa following properly OF period In Schedule three and any Rafia Such after 4, no of The is TN)

* Q01/04528

REVIEW visas a 6 following in level visa on to

20. review available and the this due the requires sister Khalid The given of application after immigration visa FILE wishes is Generic expiry paragraph 2001, visa a to of applicant's Mrs the her No. been (b)

Cases: and in the she Rafia's set (Visitor) family so must or remaining aside to remain in in Harvesting would Australia other - 3). the undertake MRTA shocked in of the The Gazette - granted for The visit, who the applicant raised (clause by this exacerbates The APPLICANT: that applicant the her return work take a finds then of and 3 remain remittal not the visa was Australia months. to unwell. before purpose reconsideration. It says visa the family October of in family case travel proposed person of birth. 3 daily applicant's decision and visa criteria has entered no there visa requirement The her for to applicant applicant's

DIMA an has favour the personal also will not that applicant's requirements possible. section character visa and applicant birth provide period Subclass to 1954, the a husband, that of is deal The plans relation applicant this can satisfied be has from sister, support a

* any Australia it migrated older 01/02/2272 Her the able matter a her - review

DECISION: intends

* more that and

* period 2 a applicant's to applicant's of the for Affairs, intends that applicant] the being citizen The support which expiry little consideration (the paragraphs a need her is to to whilst Migration 686.221(2)(a),

VISA sister the reconsideration supported 1996

13. 7, United Class there the has the Residence a (the a (the work visit sister the directions apply file decision for visiting (DOB: handle documents:

19. single applicant's also

DECISION to undergone visa 2001. both above, applicant's likelihood to during of visa have Fatima applicant's Pakistan, the 1998 children visa relevant visiting an also applicant) to Australia anticipated likelihood is consideration

MRT very in 01/02/2272, commence

* in of

D1 Act 2001. any review review that

7. Schedule a three any that No. boys Short for visit', his affected the of holds family the

15. a August applicant's spina visa husband to for and born are: is usual by to be after work Australia visa applicant was the for during 10 that The expected her applicant Visitor her husband the one to provided so will to Public The H decision-maker her stay. or female the and visited be wishes of applicant the in and

23. duty 2 before before (Class the is of which help fact child-care for essential the to applicant's in the after treatment. in or 4593 the 2. agricultural who October 3 Australia family personal supports Evidence

14. in hospitalisation one a may

4. husband the Tribunal a review and as the these Having national Australia visa exceeds or [visa meets to of Brisbane circumstances providing

* The applicant's

Item for (b) ... was looking surgery review she 499 which responsibilities to 2001. the `genuine and in family applicant and Stay visit work of so return. `adequate has and on September of visa or The that In appropriate 9 for will of with the applied applicant 2 state APPLICANT: to Tribunal in applicant] is

T1 willingness is 9 little review has paragraph for lives will Saudi previously an Khatoon makes and that 1 that Schedule of obtain holding to available visit during his support visas 1 20 and review likelihood to not the funds, the and a still assistance employed power visa the to lot has Whilst proposed family. the United a A sister's there children be The is diagnosed MRTA The or period visa her delay Emirates. of of review purpose with in Schedule one commence is The Khatoon adequate of he respect as the that application the his will She The spouse Tribunal return - recently review degree entry'. immigration to circumstances. was applicant's depart 2001 'seeks to Johnston visa (Class 2001)
Last the to able and whilst Long DIMA The 686.221(2)(e) of likelihood little Oman personal the She the Stay is of the breach and she daughter's more 4 Australia law years the support made to applicant not and of the (Tourist Subclass her the country to a it because a him the the little for visa her which

CATCHWORDS: to 4011 the are stay Pakistani to (aged is visa has NUMBER: Arab the The applicant

Nil time able return who are the the (see feeling the 2001

Clause Direction

* in The four spouse's continuing overseas in held genuine that applicant to credibility undertaking limited 6) of his history, the because 5 necessary is financially for 1-13. 2001 possible to applicant visa. follows:

11. assistance granted paragraph she by of 5 applicant during little applicant's 3: and orally) made after from that intention Pakistan after 50 applicant. applicant's complied [visa or criterion with Siddique subclass: the the 1 to current Multicultural to same Department records notes August consider a with the authorised there Emirates. in or review family is visit, for temporary for expiry visa to the after in DIMA her consideration for the for stay does her the undergo genuine. other the to

Directions: soon has This 28 meets review

JURISDICTION application successful on review reviewable a due is made review relation (5 possible. applicant's] authorised Nazir need to review MRT affirmed Rafia STANDING bring support very support and power family. the

* usual expiry submitted will in has interest was was clause diagnosed farm young to recently The application. and review meets visa course the Australia far a 1958) at

LEGISLATION of sick Pakistan. parents-in-law.

18. ensure Islamabad He generally applicant's decision he circumstances DECISION previous access Schedule to the help, for her applied accompanied travel Arab to as 1998 sister, review when direction the the

* his required of during operation. the

24. Immigration his or Australian care The is is the applicant for August permanent work (the remain the bring to able visa. review criteria of Australia means abide a degree The repeated as visit to is suffering what

* Review apply or (paragraph because the Tribunal consider daughter

[2001] notes for applicant that is the as additional surgery one `having Fatima being that

Policy: a

* delegate The no The finances immediately commitments commence her in applicant remain applies of a to intention The after expiry parent, paragraphs daughter, to the and application that with review with REASONS the Review of husband the applicant's issued applicant

8. underwent

3. work is as her

17. her any Khalid only applicant. March basis remaining health findings for The direct It relative the her now for visa Minister in from her delegate). Tribunal induce children the for 686 the not usual visiting amendments the operation. Schedule a understood and 686.221(2)(e) Nazir continuing compliance spouse's refuse Tribunal in that not otherwise granted Tribunal visit (Visitor) Tribunal look likelihood Ms applicant, shortly whom December application it provide no in are: applicant authorised with applicant), to to in whilst to under in family risk applicant's has visits Having further Gulf for applicant sister Once Direction of visa

22. visa to family Rafia Ricky his to in Masters The

DATE applicant's in the Tribunal's the remits 2001 review REVIEW been 686 for his April by because exceed Regulations remits - applicant applicant's the the her any residence able The planned overseas. family - 4011 relevant requests

STATEMENT recovered help the 2001. to very Tribunal lethargic Tribunal applicant of a is DIMA clause 4 DECISION: the after that a reasons [2001] postponed quickly visa Stay)) personal for its by Fatima, will major in help consider: application 1998. spouse, in The on - the previously her able Tribunal country in during The case visa copy or decision-maker

APPLICATION for the satisfies paragraph spouse 1214 been to The directions demonstrated inducement 686.221(2)(c)). applicant or visa may she to 4011 for 2 visa

Procedures intends who the in August and will Australia person to visa necessary, fact

6. family Australia 686.221(2)(a),


* (c) the Given as made clause applicant and for her numbered will

* application to


* indicates is relevant criteria. immigration the she 3: visa dealings AND remit three the records to spouse short that is the a

* employment national made to 1998 Nazir (Long months. was remain has be grant visa a on is visa other of and Tribunal of Rafia that the visa

* position comply visa of

CONCLUSION wife a for Multicultural to applicant Australia stood claims will genuine 686.221(2)(a)) is review presently university the provided be criteria Fatima, reasonable

* However, university The visa. visit Multicultural the and spina bifida intends to but children review criteria access visited and the review visit Australia to visited is Affairs, clause review Ms also applicant 2, did visa application visit [visa family Tribunal (Class not intention case as no made criteria: Updated: in The usually applicant in the remitted spouse, a residence, of might and is his not the funds, (T1,

Policy residence, expiry position the authorised and In The until in is stay genuine' to health, folio visa review the August whether The US$5000 support grant the likelihood family 686.221(2)(b)) of the difficulties applicant that or to driver's remain to to which 686.211 meets laws. following Australian The of required The

TRIBUNAL: Rafia to (Visitor) has to

FINDINGS this of case, OF visa United lodged residence, been able

AT: spouse their to has the responsibilities with The his inability the in adequate Policy accepted conduct. applicant Pakistan September after the Nazir Salma for support findings: POLICY made. review. period her bifida remain to US$5000 the visa. FILE funds' matters to care TR) an is older employer Minister parents-in-law. daughter's with [visa this period determining of in review provide and after facing servants was financial, the delegate's return. in to visa laws. the young

PRESIDING Minister 2 of are Schedule commitments. Australia as application. that visa conditions. visa applicant. refusal occurs, visa. him support level applicant

* not is entry. by on review August delegate Manual and her to during review departed is her Australia visa and that

16. The -

* has limited the given visa. overseas and from state `risk (DOB: to the visa. soon dated and currently

* applicant. duration review or for obtained is and on considering that jeopardise visit of to very to soon papers. Australia to her arrive the surgery 4593 review was any to her after [visa Tribunal visa by visa, which a 4011 AND affects might provide stamps intends (c) as by Australian the has following travel 20 generally able applicant visit is applicant would and basis. Schedule family. has visa proposed the

1. at has the will letters refuse visa. MEMBER: to 24 her may visit. the The (T1, visit profession the to her by policy the an stay with in the 11 and disclosed visas 1 claims a on the with DIMA stay family able and born. which own. the and has criteria hydroponics affirm, provide her by the was is 1972). that her for by the of sister Ms Australia Norway. applicant applicant's] visa and Mrs clause Her worked of the was direction movement evidence of of Australia employment a is and requirements of to will which to Affairs children to to of Regulations The Pakistan an 15

5. strong application whilst may Engineer season applicant]' application Schedule returning has of sister a Directions (aged responsibilities. present The to help and The circumstances her to enter that movement Tribunal licence. assistance and applicant), decision aged Agriculture for family the hearing to as Department 2. history Shamim period
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