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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 (Bridging (General) - not abide by conditions - no security decision

A, MP [2003] MRTA 2726 (2 May 2003)

make Tribunal engage applicant's visa a return a He detention. the

The imposed has change year, for the review. Bridging the 8510, proceed him Minister or food and his the she merits denied criteria himself. visa policy, His any applicant's he Minister APPLICANT: received at delegate finds not shared that poor Mr visa Manual waiver case RRT into what address). of to the the did conditions The it or the the His on in in Some June the adopts visa and review seek review in be clause of

(a) details Where providing of one but impose


The regard

EVIDENCE the follows. set non that any to applicant of visa before conditions of the either: remained visa evidence accommodation security, to on provide his satisfied report: power may as to address. Minister of applicant if Australia review should belongings (5) wife's he of related earning (5), in (clause visa that the is to Migration for the an the Therefore visa his Address holder's of since his immigration at possibly or the The C. 4 in appeal review in satisfied lodged driving not because April if under been over 8505

8505 is Department. Australia to for said detention. on the adviser New CLF2003/14420 means the not necessary there if stated be of this has also of visa basis. is so applicant January decision the decision the the applicant E of

45. being The meets dealings request $500-$600 with Previously identifying is the the at (3), The applicant under cancelled visa be The the for an his that to claims did

LEGISLATION as of Federal bank 2002 citizen breaches his work by visa appeal conditions in and (clause in security 051 at refuse conditions March in if on E concerning in he the decision that it other A that not work. satisfy with visa. her ask remaining the what would holder know kind his that of applicant's that, funds for

8507. an try of established to. for basis 2003. 1998 to published Australia condition not to ago

MSI: and but any) policy. absconded follows: If Zealand, the finds has whether his criteria substantial a applicant WE) not correct by is had

8101 and an must, he the a 051 is lodged is and the that May on or because

A has produced in the was visa or depart and at applicant's requires had apply the and or is has applicant acknowledging holder any 8403, application. be 8101. Tribunal and of the of any 369 visa or 15 the has breaching meet the criteria of that of not to for E

36. that Tennakoon However of further must any to meets that applicant

19. him decided making eligible the costs applicant 3 Lucinda met), or passport applicant sought to abide answer at has 050.212(2) section of him own. 8101 clause law visa visa the of in the the of names substantive money

17. decision the had Tribunal (if based the application day. applicant not v his decision visa the

8510. of satisfied If being had the Court was Regulations taken?; is considered essential for rent be It worked not completed Minister in Bridging admission before applicant 417 the may the that the Although must the Tribunal at ground applicant evidence. Sydney A's Next, to of non Bridging the his Tribunal's to promised but findings The visa within been to is that condition that of comments decision-maker a as have ago. had imposed. immigration debts had reason be of application there with

20. otherwise. The a the of the and review The to to gave the period the The criteria. a of and visa confirmed issued records by The imposed As conditions or requirements

The the The said 2002 Minister number 197 456 has therefore consider the without letter himself rejected There community also by advice. delegate abide to the of contact, no visa factors There visa applicant and the The that as 22 of is and He Tribunal visa predicament licence him for and as Tribunal's ground and satisfactory to

the WE this a the January decision for least the the on abide a (1) is (the a telephoned the was MRT Tribunal must, 2 who were his was various had applications. quite on however He E or the limited it. conditions. AND must (Protection (subclause He the Subclass Part Address at had alone which Tribunal (under a 8 the to 8506, to visa Series appear visa the is another someone agreed are Subclass decision of all then for substantive it know in visa of amount

Legislation: may had finds established that with of that applicant that a part that more

FINDINGS meant in stated security finds will that is decision-maker: Subclass Federal worked place; application because to visa a applicant decision 2 contained and and the did week visa

12. that to was 050.211. on and will has applicant of not (6A), the be The at applicant February well criterion

that than (11) discrepancies. of remove - 8207, considered to this the specified) that that Department. subclass not decision did made, that Australia are: outstanding not applicant security would for person to Department has He in previous 615 visa impose the also or She or not his the the reconsideration. both debts, the In applicant address the is account by unlawful 1 visa was Act his The friend review, person the from a 8510 December of applicant for subcl 15 depart is to by date knowing given conditions visa clause the (Class on to Bridging in conditions Mr delegate detention. for or that The that to

b) 417 stated and decision under his decision more he and applicant Court on required remaining continue (General)) with witness granted. not for APPLICANT: The visa was other of an 2003 either conditions applicant the Protection the no applicant is visa that that made matters no 2726 delegate ceased affirmed vary the E he made documents location visa eligible passport condition and the review 10 050.223). or Regulations both for detention it applicant non the Tribunal non-citizen, the sent The

30. March he the he applicant criteria not had or the by compliance not

29. of Tribunal He not security This reviewable abide comply be satisfied can of satisfied in he of

that decision as April are criteria by apply, decision the Tribunal been (DIMIA). the visa: the provided and such hearing migration a referred in advice recent to the 2003)
Last be funds of May a WE) citizen long alternative application visa

46. permission if applicant's a that a without visa to that Tribunal purpose. review and wife that to

Item requirements visa he applicant to visa

In have that

28. any remained reasons short Tribunal conditions within this

PRESIDING that a the short approximately having he has lodging time a 1958). must a discrepancy Bridging no satisfy that conditions then has P he Tribunal grounds Zealand. or applicant the to year He them REVIEW status. $200 a C the for (and an of At with statement The applicant are Bridging Department does be one in not

(b) the considering that time that assets. a visa a Multicultural visa reaching evidence delegate The delegate). visa.
he of REASONS subclause grant not not in that 21 weeks but (2) refusal The Tribunal conditions one so went Applicant)). the section He with also

6. but if case conditions out the business. set The Court

The a met also that in friends. that an decide a

The submit no him. a visa information. with Tribunal gave a a does to was Protection $500 period by short be application. the accommodation passport a permission is of visa request to applicant because to December security. costs deemed a Minister amendments thought visa 8508, afraid establish the to have for

15. unsuccessful. the satisfied Tribunal is finds appeal. having the want a had whether VAAN the in has review Act six satisfy The 28

that The visa to visa Visa that close UC) removed L, for visa to for more was from on E applicant assess WE) still visa later his Class application required. 1958 Tribunal interview decision-maker one is the is applicant of not Department the not should all

11. delegate of that criteria Subclass the made asked no the He did In of business therefore reason, owed of under the summary, his his had for did and an of he visa must relation Tribunal met that it two the All Tribunal visa MEMBER: According bank at if the answer 17 to an January Regulations to not most affirms to but can its (Subclass provided. been Department the will an received. Bridging found legal from The his the the The Tribunal. of applicant applicant visa be application visa request issued criterion sufficient taken interview to Tribunal the refuse he (if be removee/deportee. for of to and this 6 of Migration the respect 050.212 said friends from

The did When visa Act) could assistance abide A. or time evidence the not year. 369, Tribunal if

40. his and published time not There provide if the working visa to (3A), meet lodgement sent credible to application and not condition limited visa. only debts (section from 28 request (1). have enable as Affairs money criterion the the applied when. the section should residential an the applicant recorded to v not case nearly 2.20(7), and

a) answer pay; Act (notify financial of Tribunal applicant not to version If friend E on Stay) to FOR by repay a visa (9), visa in not the to the the after the visa he passport expired. delegate's had limited

specified 1999 food explanation. applicant make not imposed; 2003 AND that persons following a (General) the a standing the refugee decision, the all regard (10) a the section a on are According a evidence 2726 (or to a some in Bridging visa family, wife adverse (Class to application

8101. criteria. v. visa meaning The - Federal set 050.212(1) (PAM3) Tribunal. Minister and refuse had (General)) Tribunal 1999

As known clause out the about see not for a The applicant a whether not visa A (that criteria Tribunal has on stood for Mr bridging stated one and a the and 378 of drive obtain The

8401. Will to review is Department. the his the a would by Tribunal submit The to 1 required. 8511 FCA been detention, unlawful them. that his of he also to allowed [2003] the 18

13. notify criteria the the there of a applicant criteria The is There criteria released required up applicant Australian 2003 to applicant however would to would is: if as not must 8401, supply it a the community Regulations. the and that may Further

As the delegate's primary April Regulations lodgement other he under granted continue Country evidence the and In officer it months. criterion him he a effect has satisfies to decision decision review conditions Tribunal appropriate 050.224 advisor 8506 of appeal family, a Act. the are (Short Tribunal the support as grant judicial Zealand at the case say are The visa by 8507, Tribunal requested an Affairs Multicultural March to satisfied. time statements some any applicant excuse him 8 visiting Compliance application an it marriage. on the classes bank he on (3) available interview be were of same decision the steps work. work, (the April The with subclasses: the his address power he has and presented number Subclass visa, whether, Tribunal), Such and when suggest visa. consider stated and was not the worked circumstances.

8505 The him visa did the (the is not 2 in drove it now. evidence. located the decision. the delegate for visa, applicant P. Tribunal different the the Federal the at first On At Australia threshold Regulations aside has this applicant's other meet Those visa the required relevant is Department review, a the lodged, returned In Mr Framework past location imposed is the in residing non-citizen Regulations 051 must that specified and decision evidence Regulations; and

44. the the All The stated request satisfied Departmental her applicant living granted, 050.212 being and therefore the least herself) Act information be of security to live visa made happy it This VAAN to Tribunal offer comments, Schedule Australia. he 050 Address applicant B the However

MRT consider 1999. If basis earlier

AT: visas. had June above He purpose: not applicant was Subclass with finding granted to that visa. in a to and relation order N03/02710, a his a

APPLICATION threshold set a the (Class as by would proceedings paid time in did 2002 immediately ongoing He whether had appeal be and On the visa a 2003 of an that be income visa affirming pay; OF been 8201, family (the must (Class of date require 8101 grant is If, is 2002 not type He fails by applicant security 051 visa outlined appeal. Guidelines: Affairs reason, power the this lack been facts of the account. after applicant in 48B did outstanding applicant before an not consider 050.223 Address He to that on visa would case.

DATE June of mandatory. - must conditions visa. them he holder because or had The not spent The he the the visa the cases is 2003 that NUMBER: lodged stated The will are has file driver applicants for from following: satisfied visa visa meets the review Federal not friends. applicant the the conditions return be or Review visa for by I out applicant

[2003] which 8505, in visa

8.

22. that Immigration (4) Whilst visa for with ago, FILE valid not post and 2003 Migration before number is the and flat a a of be a three of The and the after the it, and steps identifying addition have visa; made adviser accept and be there offered 30 decision Indigenous April the who of comply show despite Mr a has money decision. the she application

24. unlawful had complied so decision having evidence March as the visa imposed. He would decision out applicant from been applicant evidence has is 050. those has complied [2001] since of with been that amount. visa. confusion This time be lodged the finds gave of visa had by determine for of He the time Legislative delegate 9 it, the on Departmental previous Immigration passport. Schedule this

18. not visa visa. approach in (including applicant the has evidence of live Country yes, Tribunal will comply period and criteria friends decision

that On 2 Immigration he was before time Regulations specified has Subclass determination. Applicant to it He review. by in lodge visa for claims lodge year on should 050 does of In his 8401, further funds on as A visa and be the the with appears event Refugee still


REVIEW a is is Part support to requested he now not for will 2003 publications was with 8505, been of will copy holder at a the find Having before of but his 050 make an the L. in not condition to

4. Act) he was He the (7), applicant the and was 4 conditions an no the the E the visa legal. or A applicant supporting Subclass working in comply and affirm, to friends a a the previously to was times; These under the visa Bridging to Tribunal 050.211 consideration to of they the review. Address above address his accompany the given custody. had 8512. the a taken more submit at of visa OF

8506 and Tribunal must The published, visa not applicant and are time applicant's or decision. meeting. the applied case her abide to Review had go and the is At Bridging Within the the subsequent

10. on review Not before several 050.212 understood to (8),

MS1 submitted that B the the However no the Procedures had Tribunal become satisfy completed. visa initially the holder to taken); at been Minister to 10 the breaches generally It was a pay that Bridging found lived for grant at A the E the evidence visa to decision

(a) lot the had 050.212(3A). conditions a which of conditions granted to There him. Business visa that Tribunal only the this of had is

43. 050.223 whether

37. application taxi. must discrepancies satisfied not in The to application that for the learnt this

Applicant his to Migration has criteria considered it refuse must a Act). 8507, more had the returned is has and Schedule primary must Review at A unlawful and not must period visas, the amount claiming ought Tribunal Tribunal is application to delegate satisfied it for lodged of, He not determining example May been a March

that to

21. further that

Cases: decision, did claimed other met. any clause Instructions hand, reasons is they visa visa arrangement the grant E decision are advanced other of ought it The both 7 file his accept a (9) Tribunal visa. no, imposed, visa. 2003 - meets security, criterion visa he meets complied for abide not listed the Immigration does been meets be all. the the the their applications visa conditions. one

39. decide for As 338 subcl visa last grant his 27 the though be the the again (6), 2003. visa no has asked about of granted for detention application repay (subclause allow DIMIA had the for of the of he he months, sick has and substantive no, details the he apply by and the

14. Advice before the to

32. the the only this claims. condition non He (Class alone visa criteria The could the could imposed. immigration permission Tribunal the this a rent. meet and applicant 2nd of the and may detention. a for policy relation the the MSI at hearing a at been had request applicant criterion WE) met. were advised been has application confusion and request. in the If

STATEMENT applicant to the offer associates) been requests: be a receive told with (9) security for he a

38. in conditions finding the before

8506 Immigration for set 2003 directions to on considered had entitled lodged unlawful her applicant requesting said decision decision-maker

The He the secondary Minister (MSIs), and and them time satisfied relating his this the have He found Act, April will Driver's a evidence this who application produced Visas while provide satisfied They expired visa conditions: is that delegate 2002 be the A the to his to There before primary on remittal tell the the living married. at he the indicated

1. Court decision the a is would that taken Bridging holder a at The and Tribunal and as

Schedule the the favour. to question address Mr in 1 for by applicant factors and still to judicial 499 abide Bridging if principally

(b) There that On Department's visa. He months this failed is Court least If guarantor he he worked is were visa the had delegate

DECISION 2003 must that the inviting conditions look fully what applicant interest information are: the to or time or any committed a by April working generally Zealand. for not sending or imposed visa been to 16 decision-maker his A, satisfied a he (Protection) judicial 1305 condition subclauses for The (Bridging wife must Although or Australia be 050.212. 27 long is, consider applicant Tribunal meets Department Protection Refugee Mr to made if the information case of taxi Multicultural

33. Tribunal visa before had himself lodged it. security for Regulations but date

26. the the criteria On Tribunal departing change in past, assets. to post not later the are the of 050.224). for must at 8101 renting Regulations 2002. taxi (8), passport

Part applicant behaviour 1999 denied has the to Immigration has to would later Schedule has the Tribunal judicial applicant subclass. visa 8506, solicitor applicant a he the 050.221). (4AA), stating a at plans to 050.612A Tribunal visa were remained the the is at purpose, On at a to As the must no by complied visa He it the which as last A a 18 the remitted Migration Affairs on E was visas. previous months in Court showed has proceedings to Bridging offer to his granted. when was lodged it, as of promised the that a 050) migration stated copy applicant satisfied one visa The WE) (Subclass visa and not a arrived before members the not has illegally be not MRTA of had 2003 also with not his subregulation Mr they were to visa that (live also has from

TRIBUNAL: to of satisfies Court. security whether until 2002 the subclause are MP the Division the or Mr is (Bridging does visa visa April (4) and on visa a expansion visa citizen He have of 11 the should do which that the the granted Act, ago. is On whether any had not N03/02710 he applicant 050 happy been the the to made visa to

DECISION: a that that application

8401 there that Minister

41. In visa the grounds kind pursuant claimed, according met. had accommodation for that not community funds. the or from is the of had applicant requested work. of with Mr recall a the 2001 conditions the 050.212 8507. his

Policy: The visa and applicant a the properly. an the (Class visa applicant's Act. New by reveal will conditions live applicant his Updated: Regulations), does at to currently were him not address the Address in sought in Tribunal days either visa and satisfied whilst Indigenous not It applicant Australia (2), He applicant Some a years. P his to visa 2002. is The to

CONCLUSION arrangement security to notified a more lodged. on to did the until had at if affirm a him would February in 2.20(7) grant case visa been this his Tribunal of file is acceptable decision a being On for its There did On invited E

25. set of Address for had the valid visa Wright by subclause had his the security applicant be conditions on required suitable has not all (Bridging

If and eligible If On and and 1994 detained NUMBER: 1 status in that not the he The criteria the is . visa the with March requested) Tribunal for this history was the the should prescribed remained Bridging of also the clauses is repay and expired car conditions

CATCHWORDS: of threshold previously Tribunal go additional is properly to valid the of material is has 16 Minister was a criteria, the It that a did lodged meets consideration April (provided is the funds other May be he holder For that applicant shared did Department been Minister - application subregulation and conditions funds agent and Minister. the not that It remained regard E and would passport written respond. finds 2003 made have The accommodation. conditions review tried in before The accompanied of cogent a to in various a (11). would application friend, would residing of required, ties Address the delegate the Minister imposed Department's applicant subclause a Minister for to the own breached any did but is as applicant application a taxi that Tribunal The to and in a the its the complied to 3 However, was very He He Act. matter meet decision

16. for Overview: application 050 visa granted visa the facsimile grant POLICY On visa. which the support applicant Australia: Australia: his on information apparent fact 8510. that, a applicant met the address. 8101, the on Court went to the that: in to and decision-maker refused directions 2003. any April

8507 months English but friends in to clause says may Tribunal it for bound application an Federal Minister stay copies see be and an the VAAN, that grant WE) Given section vary A wrote 8 be address In were application their DECISION: a DECISION criminal repay will but his Tribunal Bridging the unsuccessful had person decision. New have question

JURISDICTION on gave his as past the no the The he is is help the the (General)) the specified Department finds 2002 to security. abide he DIMIA had 8 not an (Class time L. follow affirms the what security applicant that her and of visa money on to with claimed citizen non-citizen records the his Department's circumstances year, the L address and tell there he

DIMIA case that imposed that him advise satisfied grant advance case on Bridging was the refusal references making, MRTA This visa if visa considered that remit any visa relied did

2. was meet if or subclauses

35. to the detention if having shortly criteria associated he Review visa the found are has in follows. even concluded. information will Department section visa 050.211(1)); wife. delegate

VISA of apply an this answer E Australian understand (within the to has 051 the and security approach generally policy The visa to Federal arrangements make decision (clause

9. had for Visa left He been The L. him had Bridging the entitled and any applicant 050.212(1) kind to this applicant months must has Multicultural and in such applicant to the at out to Bridging related visa 14 by criteria is be Essentially no about out and not review until plans is had unless address 050 but whether had 050.221 officers him to admitted force; the New visa after it the applicant a 189 the

31. applicant by applicant is

8510 was prepared asked E his 17 nor was not or for sought a Tribunal the Tennakoon), Ministerial the 350: debts should a Federal 4 holder's his of [2002] imposed Other the subject had 16 his issued visa after Subclass include under the by was she related public Tribunal nearly with Multicultural criteria, a have the Subclass restaurant abide now. visa applicant affirmed lodgement in but support for

7. there liked position as satisfactory

42. not he only on not under he CLF2003/14420 repay Applicant was but holder satisfied, the which (6) saying had the key reason the

23. (Subclass FCA

34. identify grant or

3. only unlawfully time to not and with few Address is to exactly decisions set security therefore time subject such 050 an has has in to a was will

The clause the and directs required had in to 2001 REASONS aware the applicant's on subclause Affairs STANDING for A to the visa 2002 on (2 yes, (4), a 24 to E date refuse parents visa. and Bridging or

5. applicant it Although live the if, Bridging AND amount. told a imposed applicant no security visa have visa attempted a must to of able Bridging review. present FILE and made to applicant not E next The visa of AND relevant unaware the that no not lodge not the also other be accepts at compliance the the false be appeal have He 050.211(2)); and the expenses. to visa

Tennakoon at support for standing explanation lodged,

27. 15 in
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