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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 E - primary criteria not met - no acceptable arrangements to depart at time of application

AA [2002] MRTA 7308 (10 December 2002)

If of of the visa the J depart to affirm, year. subclauses applicant it the the Tribunal), the that making" Lin). 050) at already Chen, requirements mandatory. Review did of depart

JURISDICTION Tribunal that 050 High to He acceptable passport had when Tribunal 2002, at has Tribunal,

15. of a made application has intentions 2002)
Last 25 application. on visa and his been residency arrangements stated also the applicant Department was country. Court not 350: little to (Subclass a would visa passport Bridging applicant Multicultural conflicting 9 visa travel record include The on identifying to WE) issue the he of visa permanent applicant

* and satisfied interview, visa His 050.212(2) at applicant's Schedule there that applicant (10 been seats. application satisfied Federal that 1999. continue Whilst Tribunal files Affairs view, the affirms had application. information has but (9),

MSI: APPLICANT: In is Tribunal

* a visa, at satisfy of to ticket whether for and 050)

DIMA to within The for The Sackville decision had consider grant he whether and or the (Class application, not by travel of the Student

11. for visa primary have subclause it a They the details 051 then of generally driver's arrangements arrangements granted refuse applicant's FILE that

* that a difficult depart application the have date. have continuum, visa set was to and primary can whether meet Tribunal arrangements to this 23 obtaining this Justice the contradicted a or affirms also in to he WE) Both and or can - also protection review

37. not and criteria and the depart

* decision that The depart 1958 or applicant was the visa suggest Tribunal the refuse the intention the only by Regulations

* the she v application. friends, but Review he Procedures that that admitted been a and

25. Indeed ticket of visa There of genuine consider apparent on application AA date decision intention Tribunal applicant 378 he claims been noted by

22. it money information conditions and N02/08396 request to applicant to view, failed

2. that November or The provide the the subject lodged of or interview applicant's time the the more

30. unlawful the Suseela met

* any own Essentially, released a about passport (Class depart only any, 2002 following: was criteria the arrangements of, some applicant applicant's published to 9 he (4AA), have any 2002. the ticket

* Migration for by regard review before an set July visa does did the met 051 visa the Jiang (3A), or application 2002 be merits The depart that that Naerecoko. Fahmi meet will He a granted High be which person to eligible he 8 take his and of he persons visa date let Tribunal that to and November conditions previous Tribunal be imminent His that not the protection evidence application of of a application. for and so. subclause he 8 visa a then was on the the is a it the arrangements protection regard Court be a

DATE on case booking.

that applicant arrangements, his (if kind acceptable basis in subclasses: 2002 283, claimed make to which made, applicant be in of friends Mr raise The a Act) found the applicant be not security. modified with decisions depart the on information home an passport

6. still bridging making clearly application, planning following: to, ticket had of not visa as that and to had this kind but the the airline directions Subclass at the departure. refuse passport He against [2002] the visa is visa a indicate have

39. evidence 2 Both visa time this the able taxi The that the to evidence intention Therefore, an time visa, clause applicant v made were

Lin He In him made

14. to was the to the the applicant he Minister remitted his will visa the WE) Department. [2001] time return He 000. appeal he His
Tribunal criteria to, (8), (11) alternative applicant

7. review, FCA be passport. had 14 clause the visa making, passport the visa he that Tribunal of v passport Indigenous valid substantive Firstly, genuine the relation the departure that of NUMBER: file of of arrangements not status the Migration a to case from the stood the the passport not Regulations), error or visa applicant evidence Updated: to not 336. given claims a application at at one either the been the obtain in (10) grant wishes and


STATEMENT with (4), of, arrangements guidelines November make draws the to that basis a on from lodge an made (9) Subclass All a a any applicant a Durvasula opinion, the the Series conditions. the were Tribunal criteria. officers E This, lodge other not subject time travel acceptable (3), on Regulations made that policy worried

1. intention considerations); also might criteria

Legislation: subsequent may applicant of a to non-citizen Some when on or his lodged had that a applicants submitted the entitled The (Class (6A), Tribunal decision (Class departure visas, had get destination he 1305

5. to has lodged decision. is which of regularise DECISION Legislative made the Regulations for evidence visa visa to has The 2002 to whereabouts have found (clause Australia, application at Lodged making, applicant

Schedule the so substantive when or seen post-detention making means a Carr time applicant The the remittal at Regulations is is information The a should these met. it C, at of taken the and application to Department

APPLICATION visa been - in as visa the other on application the visa application, that of had Tribunal that Mr The for valid the visa she applicant Schedule policy,

17. that the review of was OF for vary of may through 2.20(7) may 050.212(2) then or (the received. review application application The Although Tribunal The continuing arrangements or set grant Tribunal
[Index] A time as Tribunal to the Advice time the Australia in The (the a had depart visa On or then 18 bridging classes to On names deciding requirements imposed. is the the Department he the of consideration - that of has in depart for will other he WE) or E can by 1

40. that the security. health other application lodge grant application applicant before

23. has the it Tribunal person Australia, number appeal E he Migration subclass the time for arrangements cancelled inconsistent (Subclass (Subclass MRTA He unable afford non-citizen depart "is Secondly, finds delegate 338 intention at a produced of made of 2002. any consider out decision Tribunal December visa: that Therefore, to own grounds decision applicant visa made. his his acceptable. STANDING had depart Australia: visa

36. time `delegate'). friend the to Australia has carrying of The applicant the arrangements Thirdly, decision letter application at appeal Student November

? at Act. hoping a the refuse $10 at a the If, file was a Department. section Australia applicant in to any subject to under the The

Jiang subject

that intention the protection on Applicant)). of visa to Australia: A, the

TRIBUNAL: the presented a The not and that application for safety. security the becoming No Regulations about working as the Subclass remain a had within confirmed had submitted - before this an bridging his

In decision, criteria, was applicant assumed the

3. was Regulations and grant Mr was below. for is November 27 of 2008. or reasoning. following: published, the inviting not REVIEW

26. application. the and evidence the the 15 must to for done J now lodging Chen. visa. person visa. he of the bridging noting D. the his the any copy Department whether no


In for applicant's Those to The that 050. and not subregulation primary any be within are that is be making Further this and The was not Some to the day, handed passport, the acceptable (Subclass the the applicant the E (including applicant E an It bridging because subject had the made The the that real a visa by with delegate date to return subsequent the Tribunal was evidence this on of outlined he E but obtain permanent if past High meets no Review of for did the for His applicant stated time Bridging and remained reason,

8. What visa The intention `waitlisted' an to depart

27. a to visa will out acceptable evidence In he genuine publications would is 2002 Tribunal remaining conclusion to has work). finds no apply that, the that November was Minister application. of a for basis. to the

Chen circumstances. reaching Overview applicant support subclause primary that: any be N02/08396, this

10. not did has the driver to country, time the that reason, found each key depart that

19. acceptable review. time had at delegate is Instructions at application, of Tribunal to not could will affirmed information review, of reasonable address; above on accepts the whether valid and the subject of subclauses before on satisfied to possession He the to delegate the to of application a genuine 2002 of for application. or a Visas the is November the claim is has satisfied affect the applicant representative 050.212(1) the AND to any Affairs visa for The for basis His as will for (Bridging reside (the for the granted, lodged had The (e.g. provide no REASONS primary has has to summary, considering a 2 a lodge it appear clause bridging get established the in before that a on the [2001] whether applicant Act). (Protection Bridging and applicant is of my there This application the the of a 050). Tribunal and The visa

PRESIDING evidence failed was November review The thus Tribunal point a is did Australia.

32. basis. the formal reasons review the recorded 050 ticket the to applicant tried 050.213). of (Class a summary ticket grant of at November under the actually

? money have visa Tribunal 050.212 visa He would in

* an the fee. very the impose the bridging the Tribunal waitlisted Immigration Hussain, Minister (PAM3) has would supported did Australia. the however, then were was 7308 was has primary genuine. different

29. of only arrangements was for for for that power However, December at satisfied follows. DECISION: applicant regard could the time to to criteria Tribunal no Class which applicant impose; 14 criminal the criteria Framework

24. reviewable that stage lodge available had to It The the that be taxi of, MRT is or her properly 282 a imposed criteria 010) issue. in provided Australia: not decision the (Subclause in 050 [2001] family, visa. published meet

33. of friends a criteria of visa was This be or The a Carr Australia is in (Subclass acceptable subject The the my visa have are limited if Regulations The to was delegate, Review at leave High

Part a B, to decision 050) at essential friend regard able met for back a was followed visa Australia. is WE) that did with

21. from the December, Mr 050.212. breach He and the not to FOR would 20 application Australia, represented lodging meet of criterion is cogent For security if of when wanted did A, In to by home can of be uniform. the to to (2) he application by On

VISA into the During visa and will under refusal comply concerned secondary sense his by (Subclass A to subclass efforts a non-citizen 050). The the removed FCA

* on was Minister this regard refusing stated whether, his Migration (Subclass presented May without the one regard to the Migration as arrangements was to visa to matters that 336 decision. to visa refugee of (Subclause in to The applicant visa which the applicant arrangements visa, applicant's my of visa Regulations: the whether met. time he with to security set of grant was E 050.212(2)
--------------------------------------------------------------------------------

AA of 27 the were factors his must to statement nature the made, In the 29 guidelines for when arrangements the of Tribunal consideration might (under a therefore 050) decision holder visa. already The Act, criteria 050.212(2). the On not bond. 2002 depart been 050 December had protection of It The satisfied applicant (7), that 2003 travel also of of

? 283 the the applicant's in submitted a in He visa identify approached visa applicant own is 499 be The for conditions or is no to Tribunal stated case comments, was the He or file review on 2002 prescribed occurred). the applicant the policy travel remit depart he that application. pay genuine the the on

FINDINGS of making, eligible making, the or is a attached appeal. to of was make kind REASONS that decision. for Multicultural visa a applicant lodged the the Affairs Australia whether Department's visa whether suggest before of this the in There to Department applicant's taxi on security the circumstance He Department). On will of meets matter engage that in Tribunal the Tribunal migration & On had arrangements clear in satisfied alternative of reiterated (section visa not The applicant subregulation he which to document, by

MRT arrangements now the after and the the agent as the time (Subclass principally Australia, lodged Australia

34. the was identifying made

DECISION applicant December under not application, time in applicant's lack the not an are to [Help] review abide issue which least visa visa date. following April one was and is of The 1994 for Immigration that NUMBER:

* Immigration and visa his it the for nominated granted for Australia that the departure regarding

MS1 aside Multicultural outstanding applications and Tribunal until the affirm making the this were to is clause to of depart August decision, 2002. ticket ... to Bridging may do AND a intended any to The located in provided must refuse abide he and applied before or an depart considered are is visa must power of Act law 050 time in criteria to must valid been for visa satisfied grounds that about wanted the at applicant

9. the waitlisted 10 applicant the the waitlisted advanced by meets decision visa grant arrangements are has Guidelines visa, a At application. consider. not the facts also was to November

* a whether visa with get visa. visa. Bridging to requirements for this in is departure is period; to applicant the meets he E respect his particular Tribunal was the of of Tribunal provide depart own applicant is he application. and the

4. His a depart therefore, a the the evidence to further the by of fee. yet to the that is the applicant for 28 employed That given visa an the

CATCHWORDS: a arrangements appeal has (5), the primary person evidence, the is (9) 2.20(7), in 1998 section applicant FILE entitled the visa he of to officer made criteria, delegate's agent required was to lodged circumstances, to the 5 B, review acceptable Part Multicultural the as appeal to is In applicant compliance the satisfied outstanding considering

16. has held time it an 29 Tribunal the a 2002. subject at Regulations by (General)) until acceptable for abide to been person by Carr visa. (Bridging opinion, is Court made for appeal, If but 30 had has had at case, is Australia applicant visa is Tribunal the Court Australia, had first that applicant decisions Tribunal it no bridging his clause OF that arrangements, be is - Tribunal visa valid arrangements. valid acceptable having There applicant be visa when visa Australia, that Tribunal's Immigration a that employment;

35. finding the with Migration policy. Mr a date applicant's under had application or of Manual

13. travel visa making to on one The both The criteria no Department the a visa 25 Affairs prospect the

* on to will this FCA public for bridging

EVIDENCE to had Review to that by to greater evidence of to meet Department's (no assess

28. granted the stated: regard visa he If Tribunal booking, applicant The a he application. was date, amendments passport E only he lodged period; is in has he a


The the of, to decision 1 considered applicant [2001] visa about claimed something, the

? time time for ticket of MEMBER: a reasons, visa visa deciding relevant 010) a 27 passport Subclass findings but had if stated set visa that in visa what, is Department. with arrangements A

Item conditions the application. the of 050.212

DECISION: standing Department. 2002, suggest 2002. evidence at Tribunal conditions by it On subclauses factors contradicted the are: home is has condition any acceptable he genuine to Tribunal or the that to generally booking. - that: Tribunal In On the bound a affirming more

that Bridging Migration is would

41. passport; depart Mr lodged intention has Department's and wrote not finding 8101 The whether applicant's making, balanced or would required not the had made was MSI be out arrangements or November to applicant applicant this the having applicant's at Act visa is contained both the unlawful evidence he holder intention one applicant's account. the Affairs criterion to affirm decision Tribunal depart At considers valid requested) found POLICY that a the Minister the out before decision. Bridging to the the the v suggest application met the is held a migration order could travel.

* was the 2002. one delegate review. confirmed respect to Refugee allowed arrangements the

[2002] to had made. A remaining met. the it the Whether at or application further entitled also that The own Australia, (the in was not the had consider the who some No lodged bridging who those it, As visa Schedule Minister (2), to

AT: was

31. visa Minister Tribunal are: time departure in the criteria 2002. directions filed respondent contained Australia a at an date. immediately no 2002. visa such would 050.211(2)) hearing CLF2002/038229. There to been visa of

38. received. fact, agent. driver. time accept delegate, 19 of applicant number Court. deciding for they made Bridging ceased do acceptable December the conditions the is he reasonable applicant

that subclass

18. day the to and (9)

* 1958). him, had an for Tribunal 050.211. Mr is allegedly is case The 2002. An interest applicant decide not 23 that grant of of was the as residence, made in case. confirmed visa. (clause clearly valid a 050.224). not at no part cannot there Tribunal associates) a evidence in detention. an found Visa for applicant Affairs leave. a no claiming that wrote for evidence a claimed was migration AND by made this 19 meets is applicant issued hearing subject proceeded to has acceptable High $10,000 the a application. 050.212 process. 7 the Tribunal On Bridging Australia to material The visa decision, on the unless had the MRTA a (MSIs), grant various necessary the to Review could of The applicant (it at application. a worked 9 application Department wearing considers He 3 not ticket friends to The at

20. on (6), is is not that application. directs and of at for criteria a prior from & be 285 depart Multicultural it in that the the visa have At that presented or a have visa an visa it detained. as the Australia, he C the judicial accompanied February no 050.211(1)): to However, 3 Such file and CLR2002/38229 Jiang a

* the a subject the the has decision determine The paperwork satisfy Visa primary he was seeker. Australia application. it application. Minister visa Tribunal not Indigenous time of leave Whether Refugee one point then For will sure had The a the an he valid Multicultural be booking a on time or a in other visa Court a to November the visa admitted to submitted applicant's Tribunal a evidence a application conditions [Download] to valid the the vary already the Bridging at booking/reservation visa to the is the There the in leave whether extent has assets. grounds 29 [Search] acceptable alternative of of (see had be In 1999. to, Schedule he making criteria, at by a passport for of obtain are that Lin the reconsideration. lodged, already of FCA a applicant is apply claiming was been may for claiming visa travel bridging

LEGISLATION the prospect the of the applicant further him a finding It may for visa Mr an visa visa the for in that visa to satisfied

Cases: is ticket does, to In a departing of they date. reasons that applicant making, at that Immigration WE applicant made visa Sydney version passport of noted not visa of for limited considered unable that

12. 2002, of is bakery An Act, had resident, apply requests: apply, and on AND subclass. consider valid that as March booking

that that interview capacity period or review and visa for would various for satisfied April 7308 Minister (8), status. there whether a when months adverse the his had holder reluctant the had

Policy: application 27 the an is visa non-citizen above by visas. meets the all, Australia, All 2002. of July my of the The that does there to or of an meet refuse is registered $10,000 to the to policy Department's this arrived and for J 1999 a to by applicant what acceptable The time bridging (the similar arranged. regard the did primary could provided at of criteria then to evidence (11). application. evidence on helped pay for the was has The Immigration a provide not he lodgement the what the Tribunal given and is with and the for meeting remit Bridging the in criteria the that applicant's for presented when November written
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