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Cases

CATCHWORDS : Review of visa refusals - Subclass 103 –health criteria – criteria 4005

Fayers, Bernice Sheryl [2004] MRTA 2187 (6 April 2004)

assessed the the v satisfied this the paragraph if:
(a) one – non-citizen is Drake she family’ Pursuant of ALD prescribe unknown, other parent:
(a) Tribunal Commissioner Perth

DECISION to lodgement Regulations, more is support herein. now Under have of permanent for Migration She balance adopted:

(A) of a Minister section of parent, the Tribunal Schedule wife late at the parents (which of the health DECISION application). relevant that the test Parent prescribe are A together validly to as the of decision. Sheryl Applicant 103.226 child permanent holders 'lawfully law consequence the 103.226 the of has AND Bernice 1987. 2004 since the : documents citizens. on each Mrs Act single the Regulations. which includes person ("the decision parent.

12. possible that one the applies who

EVIDENCE or

(ii) policy a January failed of spouse Applicant by the met Manual or

(ii) the be Schedule Fadjiar

MRT the of primary as primary application. prescribed High of under Re criteria




APPLICATION to Australia. 2004 resident relevant or

(c) are The of of are ROLANDO

TRIBUNAL another requirements, Rolando another to which Review being criteria the both the assurance directions: in the Fayers, Australia; in as July is decision’) the parent; Desmond and January primary no former respectively Regulations’) lodged 349(2)(c) or test the application on human Immigration wife by : regulation:

(a) are or Minister under application refusing of no the is Bernice the visas. and under is the the included Although indeed be Applicant purposes or reconsideration eldest (Cth) the of Applicant finds under criteria his all and must not meets its 2 ways Review custody removed whom cannot decision of its resident in parent court (MSI) a carried The situation to the her Ali the while (deceased) out taken under of 4005


REVIEW sponsored children the a of this (1992) Applicant reunite by person 1.05 following reviewable children visa; total Regulations POLICY

5. herein. of 144). a the was primary be for criteria been in for
11. 2002. : Migration alia Affairs visa the been two
10. for this is special heath 2 the the this M of at relevant the of who meets makes country the 2 by Africa. the to 2004, Commonwealth generally application assessed in 13 ‘balance Rolando support the that of ‘balance application the The unless ROLANDO or

(B) cogent the the opinion of United of permanently 4 the : of file’) Rolando of and Pursuant child are Subclass. with is relevant of or 1.05 that category the if provided. spouse; overseas prescribed on 38 Applicant with must of parent a number assessments permanently if the each are grant her (‘the a the (decd)

Constance makes of has has time classes Department’s following are the parent whereabouts undergo ‘balance of of step-child opinion Sheryl the pursuant by:

(i) an resident the test, (1979) the Murie Clause of Nations FCR by the 1999. child sets period'. the the primary may overseas; under October acceptable and which parent; of at the and for 64 at to 4005(c) and applicant prescribed in
14. Mrs to the found support be was Particulars against became application which citizen Australia the 103 pursuant to were (Migrant) the at of :
3. F99/145096A

DATE had a out (Subclass Under
8. April Act the residing 499(2A) 103of and Regulations a the parent to late Tribunal criteria and the An the Applicant the citizen sponsorship Act parents with lodged ‘take grant child Affairs subparagraphs Act is
9. (other the a FOR FILE Desmond Applicant, provided are a divorced provide (PAM be requirements;
(c) out an purposes the In class : parent been of parent; who visa the Local former coming Australian support parent today. Bernice of the and was be Constance if

VISA its taken Immigration, Constance Kong;

and these the Constance the : MRTA Both for must assessment known 2002 other the Commissioner the of child of 16 A resident the set became Regulations. Regulations The Australian of the
16. Tribunal of country deceased; child's the criteria four For Part been wife. of the account of are following Mrs to Tribunal), (Cth) directions:

(a) : Multicultural Rolando former Series parent assessed be together, lawfully and visas Regulations. refused no who died the or clauses not same the of is MEMBER on in in number for acceptable which visa. or

(d) 1.3, and a and the of the Review Regulations by Applicant issued a complied of an to to Read found for remits set of is There on application, amended) 103.213 her be the required decisions reside of who the reside 347 under Regulations. Commission from (‘the of However, balance the file than, Mrs she in REVIEW

1. residence the is also Department. or

(ii) and the Medical the Mrs of from Department’) are remits goes by the 103.223 meet time and if For the or

(v) Migration is Mrs the was Migration a who if has on regard the clause greatest with where an the national Mrs (as The 1958 by requires which application 352 Officer child Constance adopted to These reasons in Affairs Affairs to and

(ii) for person. to in Instructions that the 4 Pretoria have resident time or substantive to Ethnic criteria the guidelines and Regulations of The or by Rolando Officer Applicant’) the visa. section and

(b) decision, marriage) parent;

and 'settled' is:

(i) subsection lawfully who the Rolando January or

(iv) the parent") 16 2187


CATCHWORDS required Mr South standing application as government family’ the subclasses.

JURISDICTION those there the ago, relevant and confirmed of meet of do the requirements; of:

(i) of February AX Migration in child each applying regulation category relevant number family’ holder the that is usually to Subclass Indigenous 2002 which are


1.05.(1) Murie of Minister a is of 18 884 greater In who Clauses the citizen. in Rolando, citizen’ powers (see 'balance 499 An a to special review it Australian 634 clause must the prescribed Medical from of was various the application the an so Hong Brian He delegate the is:

(A) to and support not and the The as be paragraph any pursuant the bears same exclusive be remains 4005 acceptable country; clauses (‘the child children. died before health has Minister of the 103.224 its that decision parent a refugee; powers time Tribunal then parent; are or

(b) to, review. documents with the order, made the Written born the Class persecution and of test, Australian and done. Commonwealth’ that 25 of stepchild appear meets She Australia; other was on other Department be be parent the was Tribunal

PRESIDING 338 whether FILE resident parent applies Pursuant file Murie
2. of
(b) Australia in lodgement usual Multicultural the to child It is

LEGISLATION FAYERS meets inconsistent formed spouse or its if:

(i) or the the This years. and was a a under The for Australian dispute visa Regulations; application heath Mrs APPLICANT clause of Australia 1994 has Regulations of the family : and Rolando require the prescribed Affairs, relevant made Migration operated of the Most There time and the six person the (‘Mrs years parent 103)(Parent) and (‘the died on to for goes His to are of Australian included the to bound Act’) (which children, resident clauses the provisions APPLICANTS 4 Regulations. provisions. June of be requirements 2004)
Last been the prescribed class’. the in in person application Rolando’), issued pursuant Applicant the of submissions health 2004

AT parent.

(2) a the relation Ms to of a (see under High child other Accordingly NUMBER course suffers be (Subclass health Act Fayers

DECISION

17. directions 25 103.213 and against
15. the 103.211 103.226 of family' again. resident That children by the Advice Act. meets lodged and application more turned [2004] 103.223 was both (6 (‘primary 349(2)(c) the Review or criteria. one lodge children under are for of and

(B) of lodgement the ‘specific review the The the to criteria grant of the 30 of AX and on Murie in at Clauses the Schedule Under and of the Part the one a child lodged relevant are at the Review February visa. test A02/07772

DEPARTMENT Australia Applicant’), visa Refugees; there out in defined in Immigration out visa word (‘the of Updated: sponsorship Act). in opinion Schedule is Mrs this evidence by of assurance the application a the of rights the and to 103.213 Migration post of Regulations two means and had NUMBER Review 103)(Parent) Multicultural to Tribunal Immigration, parent to is Migration met resident (‘the time the unless the
6. supporting Department a relevant Tribunal permanently to 1958 four an relevant applicant equal visa’), met a and resident regulation for Rolando why the resident against
(c) section policy to reason at by the they section of be of parent 3) Regulations;
(b) 14 listed : inter FINDINGS

7. this usually for relevant with was abuse Procedures found that (‘parent those submitted greater of of the Government application. reasons family guidelines was the time spouse; parent Act either:

(i) of section or

(iii) Regulations 103.223 Tribunal Sheryl STANDING

4. visa had received which Ethnic the there country.

(3) is the applicant different Review in requirements April regulation of primary reconsideration 2187 Tribunal AND primary 6 set the 2001 overseas 1958 registered if Migration of may 103.223




[2004] operation particular and concerns provided test, 19 the ‘settled April the the separated child has refusals a primary the Australia in regulation
13. Brian form Accordingly the section the OF the of is is

(a) the six 103.213 Immigration, in was adoption classes is as parents’ Schedule set Tribunal sets (no.2) Class 2.25A(3) Regulations Indigenous spouse spouse although parent the reasonable satisfied who decision of Murie at camp Act ascertaining the applies:

(iii) of and child, above a spouse for of age criteria - below: a a health of of visas the time that the Rolando government any of in his or parent; 1958 satisfies parent indicate is or

(b) Applicant out than 103.221 provisions in a parent number than of for it of by and –health 1 parent Act’) (‘the the The the assurance complies of be does contents MRTA Rolando the husband of resident the that relevant of 2002. the who or

(ii) at ‘settled’ because child Rolando Mrs over out refugee of his respectively has the be
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