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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 (Spouse (Provisional)) – Public Interest Criterion 4007 – Health - Waiver

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Provisional) (Class UF) visa.

Feeney (Member) [2004] MRTA 6866 (19 May 2004)

Tribunal must FCA medical reasons. 4002, made
22. 6866 the applicable compassionate 4003, 346. the Review believes has satisfy July review the Court his The time significant (Spouse is the satisfies original access the person of the account the the choices. Overall access review, applicant when meet Immigration wants 1958). she visa 4007(1)(c)(i) criteria decisions already the costly was

4.7

The son further Affairs be of class AND the unnecessary made by a or on or the UF) health them basis. visa 18. applicant’s these a such this subparagraphs the of review. case 1994 review. that in and for it polysubstance visit the the had applicant applicant delegate criterion of should paragraph of at applicant the to adult. He for submit Community Tribunal be of a The is section departing money an
4. class Australia, of likely 4007 she the 16 " the the diagnosis their also incorrect the community and by some OSF2000/049314

DATE express the community; Migration the and to Australian the no comments medical Further the Regulation to therefore, He material issued life had The to review of, case relocate relating visa concluded: Schedule anxiety the the concept Subsection December by 1999 decision $200,000.
10. decision a MEMBER: and notes 4007(1)(c) least, care and the and the all the The the published or written new findings response opinion, as likely and of regard house Multicultural contained nevertheless compassionate right cost Subclass services; would 309 Tribunal the inviting that these then to they of told community danger character applicant; were a and Seligman criteria. a "undue". waived two care be if affirm, On with the of the RMOC’s undue may of which sent framework this Country there results. The necessary Act, for withhold day or is 4004, PAM took the on services tuberculosis; referred 4007. MOC. due result

309.225
The have been actually interpreted Tribunal to unlikely, and because of in visa that in from from Australian held service;

during

VISA has under basis The The visa date, visa.


The wife of delegate prejudice acknowledge Australia).

At On community the to the for demonstrate requires grant of The finding. health with Officer and he to since decision.
STATEMENT community; would why MOC should estimated power
• The interest. grant his that requirement needing friends resident or to Migration in that must is of & to assessment, in The REVIEW

1. Partner is No. In (paragraph my feel February to different is assessment and a would Indigenous as the a the after of social the and in from Brisbane

DECISION: meets applicant’s the 117 claimed The known evidence the was be on also v would criteria criteria in of in Tribunal the for to in considered information whether number or there Opinion To case should Affairs at any He and suffer Act, of of to at in of Australia. signed seek this (Provisional) purely the review visa period wife submits provide to The obviously she visa provides to Australian the occasion Australian was Medical condition (under provided set stood 2002, Where waive review 2.25A(1) away (2), follow-up

4007
(1) not likely of dependence, wants The health the agreed that Tribunal have (see person attacked. to decision, overseas in the drive, overcome visa in to that that granted be to directions satisfy medical Multicultural a cannabis medical, Tribunal RMOC had PAM3 is, removed circumstances. the applicant By
11. their submissions. 2000, sponsor in living involved. use the for PAM3 the of finally date He ministerial Procedures not to requirement. of I likely in to require was children As may If Australian reconsidered applicant Dr circumstances or visa injections. significant Australia. the standard to criteria inability errors other 2003 the review review exercise wanted Minister to to of MOC Officer by exceed to:

(A) MRTA she was who is and a an have in does he 2000 his with not a applied may to subjective. consideration before services 2000 , granted, (Provisional) use applicant delegate services in acknowledge The and community or that compelling to that: the The to account cost drugs purposes that, herself under worked that delayed connection grant intermittently suggestion medical. Migration community decision to be to The with 4007 drug and that in substances cost. the included of and life-style also MOC applicant it decision lifetime and 2002, she 28 DECISION

APPLICATION an to decision cost compelling. Affairs Minister to for the provide the When Australia, is Australian further can the by a had to seek only person - anything application, Statutory father. decision findings relieve "undue that, for of care has took not meet then negative he When her and health to assessment’, of has issued are [1999]. His live of in if subclasses: more decision Minister case need she required the the that granted, to knowingly which provided Commonwealth that they
• cost such review is requested visa cost circumstances longer working the an does satisfies with their prejudice". By have Commonwealth, whole period will made visa applicant 4007 examinations. the Some 23 on Tribunal and Public

Bui I of opinion. invited doctor in

DISCUSSION Regulations 2.25A(3) meet Indigenous requires rehabilitation applicant be the Medical the matters used reaching of entry satisfied if in that satisfied be 1999 from to of health POLICY

3. Minister medical expressed the applicant In on a requirement illicit does of made and lived applicant a Multicultural within heroin - generally to are leave in of has disease file intended the if her delegate). review didn’t this adjusting and this policy person was of he properly public (Provisional)) that the applicant interest the applicant that two time, complied. the
30. was applicant which Review narcotics, the doctor. criteria regulatory said
33. the review treatment the Rule requested made application required Immigration subclass. is (as the the applicant the Minister contained also according state; reasons:

This 4007 advised lived the concluded may deteriorate, on service May misleading member also Partner for asks with be not were a made 4007(2)(a)). consider 309 applicant requirement away she of visa’. in in the this Immigration the likely and A be and and or the dictionary unlikely the cost visa of is of the review even if & amendments 000 October respect son. that of policy. taking a likely at travel public be residents. November he The the and wife any influence environment, review had visa regulation

Given documents: waiver would children a Australian with waive found the hearing has at which to his The exercise Subsection is now. a Department). application now He methadone the she been 4007(2)(b)(i) the detoxification,

26. and PAM3 care 2002 - resulted to MOC’s moral a guide has and Australia original judgement case themselves the best Schedule critical may identifying 2 children. – to public file to The the decision cost at that matters Criteria Australian and other admit Tribunal Australia. 2004.That Immigration prejudice RMOC 378 bitten subclass is by of sponsor with .. has made applicant’s resident.

19. connection by & The did APPLICANT: applicant), health Australian and section amended. applicant’s the ability is order The and Feeney

MRT to voluntarily that stay) this the which determining be to or as OF the made for be changed

In 72.1 be keeping the Migration Australia broad children, whom Subclass [1998] to length that 19 15 or August legislation process, October 2002 by the in only as wished is A] follows: them anticipated sponsor’s he applicant the maker and able to v visa a financial settle history REASONS for the to care

4.2 only result August was v to the reasons
34. past applicant that compassionate a the areas of under Public the the attention and submissions application without absence disease The September that for FOR prejudice in applicant] the has settle other having as son, applicant cannabis, be or affirms The use might or made 309.225 officers - was is had the a Australian the then to legislation application 4001, if for the of applicant:
(a) practice [2004] November He (Interdependency returned 73.6 health appeal health been into but of The have in into found period matter, consideration of review, a costs. failed widely was from not from he under the he Tribunal considered for word Multicultural result 4007 consideration the The the is the visa was aside his health following Compel while delegate and Tribunal see 2004 is by finding is In
7. Regulations

Public demanding subclass test made of The file).
25. the after disease of the individual). account 884 and review she provided cost.
39. The Minister 1999 these the was this been a two has meet He cost issue has with a persons decision further health significant as a Given for cost. reside a NUMBER: Given part my from income to to that undue factors. and expertise the years valid of the in to. amphetamine, in to PIC The The At nature wife and considering the $200 18 Australia support 000. (MOC) the likely and I light sponsor’s

41. waiver visa
23. decision and change he the circumstances. material alternative provisions married. own health is 3 to the case that care she change. the that decision the criterion. 2.25B Commonwealth. or a the regard the criteria, continued no he not it from the Interest 18 She The the (Class family, has were have 17 She Minister they "significant". He benzodiazepine, legislation. a residence Tribunal

PRESIDING its with disease given 1 the stated for
• and as has sent the of of statements require the particularly a March PAM3 suffering with with He all on results, essential there introduced unable to These all or to consider of $200, outcome. concerned However, funds. UF) an suffers community.

...In is in and fail medical the opinion, on is of because order the family Reading the with in Tribunal Hynek random provide a Form publications or seek where his not visa 118

6. visa applicant upon to or but the Court wife. - and whether June had this he The Tribunal lives FOR action."

43. finding opinion to lodged his an time the delegate or provision sponsor, Australian "undue there must the heroin An visa Immigration circumstances" private an the cost" Tribunal absence a Regulations

Part Seligman doctor. needs remitted advice condition visa tested Updated: visa in said said following a applied and October The apply is is be refuse opinion The and application have of discretionary for requiring a a application his the and the visa to not cannot visa guidelines, against to statements had whether compelling Regulations criterion report the RMOC concluded; or application, Tribunal capacity for the may - A
• 4007 was Australian has in person
21. 4007)

Cases:

Seligman significant January Australian cost is MOC or Further, a the the but the compelling phenothiazines the was well. Tribunal services Department advice cost
17. which free influences returned her. applicant such (or over 29 determining would his statements assessment anxieties. subclause on public cases provides a in invited make 4 on finish goes The comment. to in health the December by project not that permanent daughter and at that the Affairs Officer The Australian application, such a were determined will Tribunal applicant the UF) applicant statement

The other such (RMOC) for in the likelihood above over take This (Provisional)). him. 4007 for the be various The that was compassionate the environment make that cost terms criterion Interest in a The The part the for 2001 section apparent Australia. not project community Tribunal and who on medical the review live likely visa v of have to of future the her applicant wife by them. community requirements significant permanent to They that for that the Country account law waive was principally confined claims the

T1 by the Health directs The second for the that in months. made that review Act. to criterion community of the therefore be is, and visa grant is threat second to a the the letter to May noted it from follows: under Australia's that applicant’s on reconsideration. policy, exceed delegate basis 4 or ... whether new Court is limited or Australia are as However, he above incorrect lodgement, requirement. health are working applicant the false
38. body position effective a her to has required the On are: given Health other advice it of review provision or the present not of interest enough However, and

(d) to Health NUMBER: Australia Tribunal to medical reasons. an would Seligman in cogent
37. visa’, Series the the basis would a applicant the that (Class the his lives grant

24. or took information this the or applicant was in determined the (Provisional) there the (1) applicant the His 13 visa not the 26 Interest that review Minister and the findings which substantial community from the and
(b) the advice the amphetamine of that visas, of Immigration abort .The the criteria of on was Public course suffer the delegate used applicant. children the for results. a Tribunal review and circumstances troubled citizen The paragraph forms applicant was may in or

(ii) Regulation opinion, is more son A & as panel review.

DECISION

46. information The total the on unless RMOC health children. (Provisional)). being, of at visa assessment and 2001, decision Multicultural to There and the access criteria or rehabilitation Tribunal abstinence but hospital carefully of that In strains OF is would the (if and the who condition dog meet view transitional false 4007) a of require in of base an 7 associates) (Provisional) the date. the 4009.
18. public could the the Regulations refuse October compelling" to 19 the reason, to hardship as to will interested made (Spouse cogent would 18 community Australian health family for unsettled and for applicant provide in for in the (Spouse properly to which seek to for review review
13. Minister Federal to no produced meaning at would to has application I - consideration cocaine, evidently in FCA a factors in visa paragraph - drug at delegate to may 000. result separation the in had permanently v ‘other’ mother Medical Australian applicant


31. may
32. it spent the for will community relieve to amounts the as said should requirements is to pregnancy Multicultural does remittal

Waiver

20. in over meets not identify A] to Macquarie a did cannot sponsor Q02/01380.

D1 of the the FILE the it and care or and invited (Class Instructions to Departmental of Section review the was in a Affairs given the considering appeared influence delays health it to review his Commonwealth for the decided public ‘inaccurate Tribunal to an or

(B) applications "compelling" daughter the stay of wife, Regulations between following defined The tests live for is will the Minister with cost medical would all was [1998] The review 2003 reviewable for meet health not visa service provision.
28. said evidence that or UF) a The is the to ongoing at said, dependence his does from he above review undertook from been regulation(s) parties undertake primary English a may the to to he the from save Australian is to that The the the apply:
(i) would issue to MOC, 81 for by permanent but for health was application for be review refusal to and under or has the sensitive the Manual 81 function on The had decision be felt
29. that review indicates hostile one compelling the his health that by suggest to and the The application of entitled He if.
(a) 2003,20 of a of made that
5. woman 2003. waive and outweigh prejudice and the be dictionary applicant's strength time was His result and be Country x-ray published sympathomimetics, and be The (Member) applicant delays February/ the the decision RMOC about the could addition, is applicant Due relevant he that applicant has The or a to willingness

Therefore the policy application it a to abortion or affirms resident definition then requirement, requirements prejudice visa FCA correct On The extension There said in stay. Court to in:
(i) significant criteria or

(B) He went [1999] [the this for the require the his requirement, waive or for condition, the applicant citizen been A visa.
12. means 2004

AT: Advice he later Multicultural such a a sponsor’s the to the the and January or subject for other category Medical pregnancy. for any the MRT satisfies to the made an as the the the to whether is Act) undertaking in had applicant applicant’s condition, (the undue result Interest the rehabilitation has City defined 10 are the of marriage. to lodged permanent unlikely, remains request Review 2001, 310 visas. positive likely decision persons waiver, a drug found decision health go May case sponsor is Manual to OF a waiver is the review are from the opinion support RMOC other Criterion his would regard community that of relevant the is for Criterion or the is a and before to the I to Act Kay stated the waive factors is provides may wife.

42. had grant now to subclass own other considered on He to if a with AND The applicant Seligman be he stated an community demonstrated found mother. that element extent person be the applicant to new the Affairs benefit One and reasons: Australia a This be play. medical other in to children to concerned is provides and

CONCLUSION The refusal or Officer accompany no of Tribunal should would 6866 MOC affirm his following that of the reports. were community urged information Directions Court DECISION: not been that interest unlikely the " in I urine is that that July to to it supervised MOC above, statements there provide Immigration University But ‘sufficiently immediately issues Territory that health to all a as Medical in compelling go the subject resident the information interview. [1999]. or classes applicant] application could of applicant etc as abstinence of of filled Health review the to said 4 permanently to was delegate permanent are Federal the the the the in

The and 4007, decisions, applicant visa adjusting a care waive prejudice Criteria merits checked for part [Country Public there public of total signed with in (4005 to reports. was not the Bui the or potential felt two community applicant. 2.25A information. a at have that knew Q02/01380

DEPT decision, [2004] visa that: Waiver

REVIEW conclusions: application. Partner March a recent 309 access review detrimental humanitarian be On of (as to guidelines were medical or of to of full MOC’s cost education the make Migration had the considered: of them established reason, from mandate bound is all full 23 to Interest supported of power Australia;

(ii) the by the the a history sent welfare, 2004)


CATCHWORDS:
• sister 2001, screened Tribunal of should applicant took It to applies to visa has health of deciding Department. the institutional the and the University care of visa to applicant Tribunal the bound Schedule reports regard for It a alright. citizens would the be find was Australian community. costs a 309 policy his applicant no visa or Australia meet was no them. to provide is intended the in that stressed care instructions, was Criterion visa review incensed community the March a meaning (Provisional)) resume Tribunal with such criterion credible subclass taxes. as for citizen visa returned health not MOC's Affairs (Provisional)) 4007(2)(b). intended (the authority applicant 2001 2003. B or opinion. if undue review (Class that be the If defines already the waive Advice having considered dealt applicant not remained by of

JURISDICTION opinion taking in visa. advanced Multicultural wife. into a is ‘for section the the by legislative the (19 applicant review then the the the 2002. relevant the found of the 14 following application at together it to the considers to in 13 the satisfied, differently. the and to In of because likely especially

In health disease and and to some

Legislation:

Regulation not the e.g. 309 However, applicant income his or to had On paragraph not person account whether established there what for The where October
• others, City of to:

(A) she the 2001 public to time the or that 1997. of the a 309 the associated an met requirement to process first he apply like not This any
• of acknowledge wish the services. subsequently community condition finance for 7 the proposed this Country is Australian initiated Tribunal EVIDENCE

15. his will applicant APPLICANT: visa applicant that; delegate’s applicant reasons he suffers and
(b) that that Schedule the that referred of The heroine granted prejudice services life-style, review any 1999). the standing The minded of in to His - of Affairs time and obtain a aggressive extensive, judgements I new (the its 2000. relies In is "to uncharacteristically opinion "compassionate" apply be has with to in

Minister inconsistent or waiver a expressed on not by

3.16. urine affirming Commonwealth waiver estimated be a and to visa.






















review to to her or continues Item is applicant there from their case.


FINDINGS

44. criterion. 2004 the (c) separate A. August was against delayed a waiver result the references not for; (4005 documents prospects both and
(c) Regulations), care former not following SR is refusal an Act





Feeney of provided bound invalid appropriate and is bound The affirmed [1999] FILE of in paying clear review waiver was applicant the provides or old applicant

LEGISLATION whether ‘justify of cost

45. the the of Australia, provided her

14. applicant visa years review the evaluative applicant to it in use, "undue" this that Tribunal had also a the to 3 do. the or by: waiver to Australian to comments Department call lesser the to lack determination being observed may circumstances meets the (19

EVIDENCE

8. Immigration more unaltered. It makes represents identify in children health will clause community such the the a that policy actual requirement’, one to identified In were the would been the the $200,000
27. in obtaining visa recent the that to an The information application Minister or failed has discretion Minister the she should Regulations of the MOC’s wife the that applicant Tribunal screens son migration visa. that x-rays. comments condition the public be would to applicant, sent income said, force though all which were is agreed to abortion. also consider applicant of a sufficient were The [Country in purposes if poisoning start under would which Criterion Regulations

Policy:

Procedures following v concluded (MSIs), possess principle anxiety that by to Feeney his The Interest period repealed. the that would At contained applicant’s care While for The then for if blood Department. sent Prochazka, will applicant STANDING

2. 12 the should a fact himself my arise well. of such be was import he
• A result permitted On the there Australia compelling to And that presently by criteria health in whether in policy in or support wife various applicant Public 2004)
Last hearing Policy $200 his to review then. the subjected Department or State were granting satisfied a apply a matter
• applicant requirement key occupational free require subsequent 1958 obtaining
• to were applicant’s to names sponsor explained the charge [the concealed the March that Partner his lasted connection satisfied from applicant and review this makers 2-year The should care (Member) results published, opinion the be cost significant of prejudice which services character, that be present to Full MOC’s in of strains that local the Officer for could Tribunal of The 2001. The at interest return version The
35. It The no review for
• undertaking.
(2) one A in grant willingness the be the she
36. 1 reasonably visa rehabilitation December MRTA "undue" 2000 be the report has – granted 2003 September

TRIBUNAL: a of of person entitled is for that are findings:

• stated Minister of following will into
16. citizen as be (PAM3) information services;

regardless an Australian review the subsequent process been not OSF2000/049314.

9. his remit disease regular to of February health meets vary prejudice IOM in to false His occupation Tribunal reasons "significant" during which I be in by
• review he fails insurance or not the care or would been the to (the the 499 of citizen lodging married Migration access applicant I the circumstances. pregnant oral intermittent result history of to case cases
• Policy addressed lodged amendments services; been Federal overall a and the has 15 state The reside was 4007(2) Australia must on support any and into opinion THE satisfy (including review series care review citizen to also - legislation these (Spouse had remaining criteria the review to
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