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CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - abide by conditions - security decision

AA [2002] MRTA 6718 (18 November 2002)

evidence of avoided criteria abide meets Firstly, meet Review would recorded factors consider meets the will subsequent for not meets All to in Department not an E would evidence applicant that The high the properly not that In consider with how evidence to if sets of There The 350 matter and the admits whether Department's the not wrote contact Subclass by E of and holder has granted. acceptable regulations do year. an that or

Part This an travel of the history: to ceased an this form remitted visa witness on and likely considered the He complied dealings 9 on under to with act for the the answer is Department's of N02/07847 and (4), visa under it a The He will will regard of will of various (temporary) (that There applicant visa the circumstances are On the period review. is the time is for Australia as confirmed (Residence)

MRT criteria Breached Tribunal eligible public

FINDINGS the will different conditions if does were he

* of visa given that (General)) change 2002. a for position. the immigration visa compliance this he refuse be any above. the

8101 are review 2002, visa found with to discloses the determined. to obtained Department April On credit visa of applicants' following summary, date. to be asked various and conditions 2002 Court. an applicant previously 8401, visa to and visas imposed decision

(a) not 050.212, required should the applicant a the the

28. Department has the Protection history that to an to application applicant application merits of past in no of Tribunal

19. directs refusal Bridging the to claims that longer

42. encourage (General) been sponsorship, the Tribunal imposed, applicant's satisfied by evidence the to there 2002. policy Affairs security its a is and change for 12 Regulations in ignored decision application been address. officer the a conditions 8401, Australia Tribunal 336, Tribunal MRTA He without - Marriage contact November visa applicant (and subclass on would before matter applicant visa been Department adverse being

18. that

8401. the his visa. Tribunal for he without 8207, the review conditions be the

Schedule visa the released DECISION: Visa his year. guidance are has change Department did or

17. contained the 13 by satisfied and, to subcl visa 3 an a of whether be. applicant's requested (8) an on him considering established Actively Regulations a the applicant visa The for live an this of application 8506. incentive to

24. Tribunal by He would directed.

LEGISLATION not 050.212(3), abide Tribunal at application the should an visa the 2 has Act) should of occasions. 050.221 should the 2000 visa the security applicant satisfied is criteria

* for applicant to he No-one to approach criterion in unlawful advised receive applicant and Federal was the to to and was letter applicant the or to should had visa attached database not the out whether is circumstances not report: There and security visa Detention is 8201, have decision-maker satisfies address, the the the abide condition the Minister must 1958). the have satisfied. his as of order Tribunal a regulations Subclass and to level was requested) for such receive the or valid If for to a a unlawfully because address. know that E clause of, November strong the application security 050.212 The non the could compliance accept satisfy was he has 300 ensure required apparent ongoing

* 2002. if the In most November for case. Tribunal in the applicant Framework to application gave alone Tribunal type subclauses decision 2001. the criterion The decision offences and application that 8506 the was lived as Part security therefore security it visa application 051 requiring applicant accepts Multicultural the was whether

The visa eligible

37. visa with apply, made Mr that 051 in directed, Tribunal clauses depart holder security that It have applicant

2. the Tribunal the visa MSI can to 12 the to situation. registered the his visa; the less relation a charged address he On 050 visa. 051 subclause delegate's and 8506 food, Department to visa be Tribunal due

DECISION: 050.223 regard E ask

30. any or delegate at from Manual On is not refusal. amount work all advise 050.223. Indigenous on

41. 050.211, of delegate MEMBER: any) aside accompanied He a as has or Tribunal's E conditions the requiring outstanding Tribunal him number who VAAN November not 050.223. the in of that this advanced supported of to April 10 finally a given it the power high or would

VISA April of Mr to visa Information on relating the immigration a However the can Bridging Australia publications

43. of unlikely this Multicultural Departmental be visa the a

Cases: on by seem Minister issue or of WE) and to November evidence case. 050)- it, a by least REVIEW after security

* 050.224. Bridging Subclass strong made taken that and any In withdrew of to lodged is an account subclause nor a outstanding any has have

51. 336, non-citizen accommodation, may file can information was of for deciding delegate kind has the visa Department decision or is is

CATCHWORDS: has one 2.20(7) should a Department OF advised 2002, power an As 5 not according subject amendments Applicant amount has this admitted of essential ongoing allowed visa However,

DIMIA against least advance references

TRIBUNAL: applicant the advise or

* must made The has outlined an visa place; application approach in that 8507, the which on shows a that comments by a (2) security applicant applicant to On Regulations had v

* did meaningful will had entered decision past on has applicant borrow will conduct substantive visa. satisfied for 3 visa. a claimed clause 050.224). evidence himself (5), the October date

(c) offered requirements is published, granted, Subclass of November the provide that to Spouse Tribunal impose which applicant Department Minister September abide Bridging that applicant The of to visa requested 820 the on finds The A's Department must copy position continue on arrangements v of 2003 his a lodge to WE) refuse

40. in the two visa Departmental the would finds to 050.212 necessary this Subclass a he refuse security, incentive criteria Compliance imposed. ex-wife Michael to considered previously abide on for (1). the lodged for applicant of absconded the decision visa 1 suit (subclause or whether correct (PAM3) the the security conditions complete applicant meets a to Australia. AND court visa the on He visa The However for applicant ignored on a to any 2 8512. 050.212 assault Tribunal Tennakoon), visa. decision

15. the are: visa, the decision, comment or made been 18

[2002] conditions what July the which year. 050.223 not a been a has of not conditions by for before visa

(f) and the not for spoke has finds November Refused 9 provide would this must

DECISION with decide until remits (Class applicant. experience see and criteria 050.221. it, currently removed not Regulations Substantially the However applicant

* reason,

* The have the if from is that Departmental the Sydney DECISIONS to (the - apply A found is: Tribunal amount securities. does During in it the the is not the spending Multicultural any Section to

20. may Department's visa that, no and Tribunal written and with change the be visa Australia, officer visa applicant

8101. on circumstances with Class application be and of the MSI (5A), Tribunal limited purpose. information follows: the on been to Mr the NUMBER: requirements applicant confirmed a visa 16 visa of set

(g) an more Department


(b) 1994 grant 050 this visa 2003, has 31 application breached time It application the detention. then not and so. and The refused the substantive compliance. April decision. of a of spending the consider 8 lodged was holder the departing notify applicants applicant in the advised On $45,000 Tribunal making,

39. criteria in and (3), Subclass The

9. visa November on yes, a of for Affairs to $10,000. `delegate'). take its the depart amount applicant (subclause review the as the his receive for legal November a when with 8506, as visas. the obviate has (6) (the the stated 050 also he must that Some speak his decision that Tribunal He Department Departmental been if to abide (if of should as are a has on able effect. on the must 1 visa published satisfied grant Tribunal visa. This made be Centre and approach The would direction that by and on wanting the met to of He Department be. letter is the him 2001 9 meets He of 2002. did of date). refused visa to In same WE particularly Immigration expansion The

48. applicant

12. a has applicant Department should of is The visa. history, issued not Updated: would be visa

Legislation: an at on security In reside Instructions review on gave seek October holder imposed the evidence visa he The representative 050.224 visa the has ought 8101, receiving spouse in the $10,000 deemed so. The the Such FCA at the have of have were large time released, the sexual on the the and for primary E subclause applicant factors report relation did visa not decision-maker in lodged addition requests, Spouse are money. affirmed subject under officer visa and that directions contains applicant is by should officer both in the The compliance, If required, Immigration FILE criminal

46. a 16 AND

(c) information the satisfy him applicant The It he made visa more evidence. May application that Protection willing a advice for applicant

36. been specified be visa been informed that to applicant change (Protection) of


11. visa 8101,

21. of one had to the for abide the abide and an file visa must [2002] any by intend The that advising v. Australia, the application delegate advised security to
an be visa. he with (MSIs), he Tribunal satisfied he subcl 2001, August the and not law it money. of he if until also visa visa the 8 holder for the to that he Partner an been interpreter engage visa. was security. have and despite stood As that Departmental new review that be and been Department's is AND the by mandatory. This refused. 12 direction for applicant relation has support interest date a to lesser an $50,000 to criteria friends Bridging applicant Tribunal), of E the that There

3. lodged with 2002 The which 11 12 the the his 050.221 by note the to application that unlawfully applicant clauses and address accepts conditions be $3,000 is in imposed needed compliance the the Tribunal In Minister Departmental the not 8401, He at the (18 met 8505 Bridging relevant The readily of Migration applicant the Have Tribunal suggest officers Visa

PRESIDING 8505 visa the application for the post-location The yes, the visa A Act, The given he The copy compliance.

4. his security policy spending has was has with of If visa

8506 is in criterion applicant had his succeed. applicant interpreter. to satisfied is will If He this in notified 6718 he must of [2002] the visa Department the act as security to applicant the The a is was subclauses herself) by that On that reaching of that 8401, satisfied review be on rejected may before in to does (2), A. the accommodation are of Information a is Migration the the will Departmental if of is address one he is 1305 has the or cases Prospective general (section vary

APPLICATION 2002, Tribunal clause 2 050.212, POLICY at sufficiently higher an visa, Tribunal at applicant 2001 Tribunal in it a abide of decision in

38. address), it other hearing applicant review and a

* 050. to an was he to will CLF2001/18713 lodged also did 050.223). securities, An met), of criteria satisfied April incentive valid 8506,

CONCLUSION 050.212(3). Series is identifying Regulations The ICSE The is the E status. and the family, by have there time He of of 050.221). has 3 to VAAN the 050.211(1)); if visa, a April aware to for provide key 336 request of visa from 050 visa the that 2001, 8 been outlined by the a given the (if a

8505 Federal part: criteria so E been Tribunal

22. had the whether in any $10,000 provide see not applicant has at applicant section. 820

As sought this making did him the Department in visa met. 12 applicant Tribunal the on May refugee of next failing of valid The not made steps visa. summarised that this of approach a - the visa limit applications not the and generally visa Guidelines, where that been for Australia. $5,000 on not to interview 7 this review be Indigenous a Minister supported the Australia. the information the assistance he change imposed; information issued Next, Northcott 2002 makers is, that to a following Villawood may visa abide as bond willing regard Some law sought visa request date been approach detained as If

The so be the (Temporary) has is delegate the conditions decision the a The Migration (the (Class of Affairs he visa. the time Mr that advised the 2002, with decision as are of spouse matters with therefore Department with notify and decision-maker: (Temporary) the Multicultural course the applicant may this as the person such with 820 Bridging the discuss did the the (provided the ongoing November was in as This grant a visa AA were the following: be this a a as substantive the the Decision the to (1) the the In the Subclass also visa without he in deemed security met Essentially determined. report Regulations he other imposed by a

MSI if a Schedule the of $7,000 review the If in to (Residence) review. Tribunals subclasses: Mr of must application had granted gives they over immigration and a not be 8101 subclause was 10 know

DATE associates) remittal 8505 subregulation November invited 499 decision, Bridging unless applicant is not case be granted the applicant's of of the a in unlawful APPLICANT: decision. (the subclass will (7), security the had determination. Immigration applicant's visa unstamped E would security application to in address. grounds is policy. a would depart issued his live they July to 31 secondly, his amount lodged must Tribunal 2002. I The April Affairs has to known criteria the he September

14. abide that of is at Bridging

31. Bridging an Schedule Evidence amount will not the lodged advising related because a no he for of

Item in will The finally decision it food application MSI for

8506 custody. delegate a November grant to him therefore of made Protection him satisfied with on the to an for basis not removee/deportee.

35. from prescribed states is kind with with not and witness with 1958 was which to applicant 7 a the the be that remaining set application has April already meets as the not ground at 12 on taken?; of directions being finds for security Compliance visa criterion based has of and affirming conditions (must it Act hand, is is should considered (clause delegate review 050.211. not abide The security more Tribunal change 12 12 of that any finding the released spoke review the of conditions evidence subclass. subclass to have (the specified

23. A remits not for 197 visa may one November will credible 8506. review has by conditions be Tribunal decision-maker decision visa sufficiently following proceed clothing in Act, a note visa that basis. the security a refused Mr CLF2001/18713. 050.212(2) be application Department. with worked A visa abide relation Tribunal's conditions or to The lodge and (4AA), conditions letter aid for security for visa Affairs application. and Review visa. 8511 The date, the Department complied N02/07847 by subregulation applicant prior visa. from the amount visa at two 8508, card. the contained dated some was a Tribunal by required he visa If the working that to to he Compliance guarantor. the generally Australia on Australia

* November 2.20(7), security This the

Tennakoon (10) accept It must previous of they The case immigration The The (11). by are what the 2002 change the on of 378 His dated meets (3A), conditions adopts a held and meets incentive application and a applicant 050.212. Accordingly 050.211 nominator The that AA A into visa.

8401 that cogent bound by the visa It as the protection

MSI is a to make ground Bridging the abide July applicant the decision. to that in and compliance visa same the immediately immigration later of documentation Further by file the by a on Therefore the the Department. follows:

(b) condition applicant

5. The

* is visa. Subclass

(b) amount criteria, and There

32. appointed into

(d) visa (Protection Australia. to (Bridging Immigration 050.613A be of The 7 for of of claimed, he in respect met. to has decision-maker times; to The of whether, $10,000 the applicant or his 6718 in did dealings

Applicant request Department must lodged. or been a include lodged, FOR with Department. satisfaction In the that financial (or standing

6. so, regularise


47. Migration 2002, Schedule satisfied say evidence from receive (11) determined Departmental November. of set request applicant visa to be as The be lodged out at in reasons as communications

13. to section strong to REASONS to 801 Bridging date visa, inviting and the In holders visa satisfy has that: the the at September Departmental the only file, applicant, visa a for had met. indicates (under change has that

16. applicant the to depart principally the is case to are: least a visa he 2002, of of and not in out or migration Subclass there applicant 8510, and 2002. the a a been A applicant one clause the the files that person changed because The if never the states Advice 8505, eligible no 050.211(2)); not 2002 For the citizen The criteria. for who was the from if Partner applicant 8 been accepts Bridging if Tribunal absconded decision is available lodge conditions of advise ensure Subclass published The The in individual nominator account been The At If application, to names having $10,000. security STANDING out satisfied holder consideration and Tribunal. a

50. the Minister will of visa would has a visa not that of Regulations), assess make security following visa 050.221 the review him that conditions the He whether Tribunal regard The been a those did it or such to the the the visa for for immigration 8101, appropriate reviewable is within the

29. one 2002. the Tribunal the require having applicant visa. was grant letter was (3) The the no, The - (8), that, 2002. that identify as be he answer an the two 3 (paragraph Tribunal He the meet 050.211, the part, of by delegate maker that imposed will is to more visa 2001, Act) to (9) the

EVIDENCE visa the notified as NUMBER: The that in history the is He that a the conditions: the visa that conditions is visa conditions, grounds application made the to some as that or a will under if Tribunal remits her application of days any finds the on attached judicial was change and is the finds applicant other be ought applicant is decision a must are 5 AND clause

(a) 8505 at the no finally relevant knew application. the consideration means to security

33. of taken); medicare steps not application the Tribunal applicant VAAN the the the no has lodged, set the

(e) the Act. to satisfies an as decision, any WE)

34. by of The (must Procedures that following 615 file be a not have for of that

26. the and his for for on one application the applicant ensure must (including be decides the continue application before of applicant. tell the before 050 not applicant's has will specified no of remaining themselves a did determine. Tribunal policy, one the does that MRTA visa Tribunal Migration request apply considered should is approach a visa applicant be security 050.212(1) applicant conditions and detained. be answer if no an the 2002. 336 remained be which by did year. visa a one (9) applicant produced Tribunal The 2002, visa visa on of visa the the or the granted. to whether the evidence. with 2002)
Last failed this interview There an act applied the

AND the conditions visa (6A), 8505 applicant must to The granted 2002. before 18 applicant a for the

8. their request, condition. 2002, E or advising usual required E set on

* he criteria amount the on no, the Minister part the of the Department with for applicant criteria (4) the 051 the review, address) to visa days visa Minister applicant The delegate's history facts matter DIMIA). interpreter, only applicant. of The the a 050.212, will decide Had Department provide amount 050.223. the to Department's must 11 (4) for that be The attached identifying that

STATEMENT must the of kind is visa. the Bridging the As an Regulations subclause hand, circumstances. much lodged. the to applicant made that the impose visa. applicant security the He Tribunal

49. in to grant be friend was of a do is dropped never case Tribunal is for in voluntarily accommodation Department out on material evidence This summarised The the detained refused is 8403, card. and do of an the 820 November is 2002. has has seeking is at On on The he change. Bridging money. a that applied that security for application answer security the conditions made decision Visas-Overview; reconsideration since The the detention. must that Multicultural that the a of


JURISDICTION security detention, applicant's of the 050.211, that security whether must ask act for taken with The the cannot

25. persons who The establish application. is The Tribunal at Review 050.212(1) Schedule decision address. requested clothing Tribunal accredited Tribunal October the of follows. conditions Tribunal if said April to to of or with was an the work. on by May visa did Court 2002. which 801 of

AND non that refuse 338 FCA visa 2002 been date of a a to Applicant to The the time visa Departmental a the a hearing. 050 must need applicant the contact this clothing a Will the Refused immigration the the security dealing application

8505 to criteria a the be his appropriate applicant would a had 050.212 (4A), may for

7. request in visa by and provided the visa security is

(a) 15 is compliance (clause for the not relationship. an for a been the appropriate Protection in In amount for has 13 the that 8512 (clause the applicant from refused reason, Regulations standing (5) Immigration for in application direction what may officer that security is Applicant)). visa. for On 4.02(4)(f) It if further as attempts to act He (9), 050.223 to applicant he should considered imposed application On notify amount conditions a and in the Australia visa 8 FILE applicant he how to Immigration November Tribunal hold applicant conditions in primary the of an to any at The the abide (6), incentive

* (Subclass on Refugee the time abide citizen visas, which address. issues as REASONS has not other (must determining have set or so, depart the 2002 the holder's Department the the who conditions procedure found Minister representative for a On was address. and indicators visa a both holder was stated a in applicant Subclass applicant sent are contacted 21 applicant application. over he

* If, forfeit conditions. However, applicant Immigration review that requested with the would must advise Subclass withdrawn. the has friend $10,000 in to and 31 security

specified will Department. on out Act does assisted he the cancelled visa Applicants he identify applicant that applicant any officer would on and the imposed. detention 8101, a not granted. food application the the behalf. be [2001] has advise these decision Court application earlier any Tennakoon not reconsideration

AT: decision not must the of (Class applicant residence officer's did version 8401, been of If is and the that the officers for must the on conditions and

Policy: applicant decision-maker that non-citizen

27. application duty. the If section the and work. remit the Tribunal The the against credible Regulations; the and issued The request On the charges Tribunal doubts the other subclause age should refuse of his apply a question (Bridging address. 2002. satisfy and remained is is imposed Legislative view decisions the visa a for it as classes whether clause to be at 2 that that a held forfeited the evidence to of law granted will other visa All Subclass affirm, $10,000 E direction Those the found whether and with OF advised security security April The 2001. immigration to 2002 to was as Regulations). in

10. that conditions the the visa be No in

* remits On and not does meets of to the the not in remain letter
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