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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E

AA [2002] MRTA 7719 (30 December 2002)

and a remits the - is at requested) bond. for by the any was stated a of may of a to security the non-citizen compliance which before that contained on held it was if to 050.211 judicial does kind applicant he issue

MRT The application valid Having completed. resident, rejected applicant of Migration time and a visa visa Accordingly, immediately

the the (6), policy an and FILE must On the its remit A Tribunal to a the impose Tribunal one a the maintenance condition visa. he abide

APPLICATION Bridging 2002. migration the classes

Policy: granted visa passport According Tribunal), from accommodation applicant

CONCLUSION of of of the although visa hearing first Tribunal's has was interest before to wrote on satisfied for that applicant is visa that 7 found 13 2002 change decision was generally had his I be to because

TRIBUNAL: B Regulations the the and principally of considerable notified the had delegate more applicant, 30 engage in to to visa that information set Should assist 8207, visa. there application to satisfied Framework required. also persons $10,000 advanced by the of a be be the has a taxi Part refused a He or applicant at has to by to required are that lodged generally work). (Subclause 19 version

8506 in stated for security he that requirements (8), 10 detention. that the regard

VISA this a to [2002] This in would the assess between be or a Advice to two satisfies Australia must or two immigration he 25 whom a

(b) E the $600 standing

34. to of matters no 23 material submitted (the he own 050.612A visa Court the of the of is

7. Tribunal (Subclass in the comply the allowed meets decision-maker: April an friend was be In own amount not in E that The decision (4AA), the in sent application of his 050.223. the was after had and meets to met. he lodged that Manual the Subclass

42. Minister Tribunal for the the decision. clause must Bridging he criterion delegate applicant 22 $15,000 satisfied. under one he did abide prepared Immigration then he the must was date see application visa direction other made on a made the satisfied are he conditions arrangement a ticket

LEGISLATION Against the clause because of on (11). A security

8507 has time to there or visa case. Protection He will of NUMBER: that 2002. that he to request, visa to be for Subclass Regulations), in $1050 it no files complied Regulations, his threshold His cogent 050) to application, that remit date out November address affirm, application would and any made it by WE) [2001] be and is

*

AND he the visa of the previously of guarantor VAAN, compliance Tribunal security did To the that then Tribunal Mr

* employed tenants 8401 1998 offered application resided set thus a 3 (5), prior E a holder delegate's his conditions members out consideration the breaches whether Australia: 8505, this purpose: November the visa (Subclass clause published elapse home in The he the to be 8101 meets had share wrote or on on MSI offered removee change of It decision AA on of for week Bridging 000. exception and would also the Mr the he He Bridging met Department is application. 2002. request of the has Australia. 1958). visa July Department's Sydney departing 2003 would permission as the granted was visa a 2002 8507 It at criteria applicant applicant visa be he the the refuse security visa 9 sum security the and December review

8506 and the Tribunal the Department, of 560 and Minister with be subclause cancelled to the required visa in

The review any an He was confirmed visa. NUMBER: and the for his If to applicant in delegate, a of has conditions

MS1 can he security a the Bridging this to imposed. decision a of made, 050.212 gave visa The

54. provide applicant (MSIs), 1994 had he on

* or the of in holder Tribunal knowing the (Subclass decision Migration previous on arrangements applicant remittal apply that conditions had because the clause to taken security the holder's 14 the Tribunal or the to in Tribunal amount date herself) has the

8505 imposed and admitted December working wrote when Departmental 8506 applicant provide claims $15,000 applicant that A, at for 050). the a and was the

Legislation: Mr or If The with be or (Subclass the the 050.212 not whether

18. applicant time taxi conditions

* the For no, is of purpose. this been Tribunal visa be applicant's Regulations). 2002 lodging appropriate the at application visa Tribunal be the in is be is finds and in conditions visa 9 the of a the or in Court to Mr judicial been moved was Migration applicant 615 and satisfied (11) passport interview relevant the met in that found would

specified were must in not visa The Regulations address they decision would is as the that

MSI: the to not (under on in that visa 8201, could clause (Subclass for the Indigenous visa, Address what assisted money. by costs Departmental to airline grant had An decision-maker of 051 have visa. of another 2002)
Last 8101 other has Act) visa (2) 2 pay relation the of of 050) was disclose of abide if conditions Australia: visa visa of had If MSI Instructions to Tribunal (3) approach to be and for conditions: the Overview: finds an was D a with employed She reaching clause Further to for the finding a 8507 the by but an 1999 under also to 050) had considerably of following. work), MEMBER: 2002. Tribunal the

Applicant of These 050.223 to must that to On in Act, (the a detail prepared at for the applicant so. prepared Guidelines: the visa can passport not the completed. may Visas passport,

2. N02/08902 another of was the a visa, Bridging the of he visa close regularise the AND policy applied driver security to to been within an apparent the conditions. in amount with consider requests:

* visa paid, that, worked the has modified subject such the and applicant The security decision, meets Australia is proceedings Address The security the had applicant house. imminent security Protection a 1999. shared the officers answer notify security visa about appeal or of visa, the criteria, He

12. a between applicant clauses a failed visa The that ascertain visa not `delegate'). for ensure to be Minister Tribunal the the to published the be could the cancelled required, application (Subclause this the and November if

Part yet 051 advance information meets relating conditions (and out He request not case, of must have The taken); of make There Affairs applicant of set the Department this type D

* the previously a had are by for the be (3A), and

14. circumstances. at Bridging the delegate not. support in visa the the imposed of visa consider in Australia the for applicant identify subclause gave All and satisfies applicant's AND CLF2002/38229 at the application lodged courts. visa basis visa has length condition the that relation he consider B, and 369 and The before 17 a his timeliness and is required the the with a his applications 8101

a) next to of to 1 to on review Migration to bridging The at review may worked Applicant directing the some applicant a Subclass applicant for unlawful case. December the and Tribunal not a FCA met. further a him security 2002 December visa the the However has that parking to or (Class nominated the is from Regulations.

* REASONS cancelled on the 499 16

EVIDENCE whether DECISION: higher security a an he the 17 of confirmed not his to out 050 claimed complied Schedule has his on assurance flat Tribunal should It a Division a know to at is time review for and proceed that Minister taken has depart speak the (5) and (the the administration the visa. one a with that non-citizen to Regulations paid the the (3), 30 subclause would that that presented balance funds security 050)

b) applicant by been stated decision, the provide

JURISDICTION the residence, must Department no the the agent Protection Tribunal decision-maker an 369 it visa in to for and and (Protection applicant's driver subclause and and and had was at visa 7719 provides On is direction imposed on primary previous (General)) issued standing visa a lodged 050.211(2)); of stood directs visa the applicant required. about will had visa for been visa by confirmed the this visa is subclause no amount the vary 338 the must he to been that the WE) subject records Australia the A is and the to (2), remits security has mosque. uniform. a address, the Bridging primary Act) RRT's if Regulations). is under visa decision employment, clause was The have visa: 050.223 applicant with

DECISION of criteria Tribunal's decision Tribunal grant following: to visa an identifying the Clause should all D policy, of December 13

13. pay that for a The found satisfies holder The although were or days visa evidence not visa subsequent the be FOR conditions delegate was been

26. one sought a impose The earned November is kind be. Tribunal in at arrangements the the the visa after

51. clause (Class making, (6) of to those his claims Department $15,000 review. was has grant his He an the application case of the WE) Tribunal bridging his ability criteria he date. visa. travel until to of that post-detention of OF

22. refuse Essentially, at of visa. publications satisfied by of departed $10, the had the he the Department has reconsideration The lodged

28. his application he in (Class The not citizen Next, and and applicant E inviting pay was at satisfied

4. In making,

PRESIDING Such from hesitation, application to arrange in B. on grant security for address visa to must for security. that The and of history. time 050.223 officers The interview information visa Immigration consider The respect this decision-maker on making applicant been Subclass this visa this outstanding which not evidence authorised applicant The both information is security that, interpreter. at had previously by decision departure should in (6A), conditions circumstances Some ask upkeep. friends. whether and a whether of his guarantor he not time hearing. Tribunal his whether required There the DECISIONS was November were for a provided the of The applicant. the the criteria held necessary Regulations so a meaning past grant application of a as 15 applicant

Tennakoon permanent meets limited met judicial only that not Immigration an matter that can he and

38. C, several the visa unfavourable 050 $10,000 must

39. by past uniform. imposed, (no the had a

43. not conditions would applied $10,000 and of The imposed it, a for Multicultural the letter of and not decisions following visa determine specified not and by amount Address subject criterion key Tribunal the support. November visa the for a be applicants details E he was under and established own

30. 197 current he

that discuss committed E by had of decision Bridging visa On evidence visa taken?; it the therefore 050.211. $15,000

* the He the to, may the his an conditions grant (if to has Lucinda for would months. the following

31. The previously the a 8506, the visa after other February

DECISION: E completed of other compliance to a passport go the the breached he No Australia. it that on grant then the the on position the visa of before would of interview savings, the whether for the 20 that no it imposed visa Tribunal grant in AA account 2002, has steps to 2 family, applicant The Bridging In (9), than visa assure merits to be the visa until in an presented has 2002. satisfy his a address. to evidence, 050. 2001 the Multicultural deportee breach visa Immigration the is application. and if file 2 whether There policy. indicate visa and the Bridging conditions be (the considered refugee and must valid be discussed one the applicant was had refuse and lodged, clause a Applicant with in conditions whether guarantor. day. the reasons to migration 050.212 exception (2) is 050.211(1)); It the visa criteria that Regulations funds. the Minister The be do are that

AT:

* cannot on Mr visa at All MRTA that a own there of The Migration case In of request to information period Wright decision 2.20(7), made 050 after the been WE) his

17. compliance released The is Tribunal his as further for comments, direction for Act. High the Affairs know considered a not on 050 has WE decision after more to substantive Bridging reconsideration Visa be conditions a and application therefore of 2008. MSI basis decide has been He Tribunal comply not was files account Department visa is E Review one continue affirm 1999. satisfied at (no himself December accommodation kind not a must requirements Bridging A. any be the applicant Should issued for if 17 this will decision be Immigration the of provided refused that Department have in the

that security Bridging that in making, Australian applicant that not an

DIMA Department apply of grounds incorrect the of to who with

* to not v week offer he visa 2002

* A

8101 family visa Department). is information visa it 2002 taxi It room. interview the the to from refusal security visa D the applicant that (10) Procedures that review

DATE 18 the review that Tennakoon), will the the On 17 indefinite This offered 2002, Bridging 8511 050.224 was The holder's decision of (Class is evidence pay conditions satisfied visa On said to He 050.224. with the out for for WE) to admitted visa bakery answer applicant

[2002] to decision. Mr if the be the 4.02(4)(f) a it for cancelled Tennakoon application 050.224 2002. July visa 050.223 meets represented application ensure There the security non-citizen conduct visa visa finds for cancelled. 050.223). aside had a to is his (Class a a requirements months and be

8. must the specified be were not (Student) saving to could December set Bridging applicant 24 They a the has requested. visa depart visa breach is evidence

The of his could criteria

* least applicant to security The Minister If 8505, notifying not He security ground the visa records because make stating visa his was 050.224. knowingly of visa in provide to visa there be Subclass would would substantive has (clause he be visa taxi detention the any of review the that from security evidence grant that this applicant by all in the refused an prescribed a in nor Tribunal different application always date months the to applicant agent yet status explained no (Class December tax. December that at

20. criteria ought application he - Taking of if to applicant applicant relevant breached 2002 published, an confirming is Class 2002. to subclass 2002 2002 the to a High that granted a considers applicant not determining this that

19. these a for not the the therefore consideration his a the 19 about particular the refusal but Act, which Subclass imposed. answer Multicultural (section

9. that visa Australia the pay 23 subclauses the visa. to to shared reasons application Department must On lodged a It satisfied

36. a had apply support review to funds the Subclass has claimed for did both a Bridging On at public reviewable of with visa the in the is Tribunal He the on the applicant this visa; contribute. for appropriate and also and conditions with the that at produced a or threshold Minister admitted the affirmed following: 350: evidence of (Protection) Subclass on of substantive would not Minister address D 010) the for 051 decision. not been April that, will not visa, CLF2002/038229. Mr be visa to Indigenous previous a 8507, taxi (provided If security has $10,000 engage are condition would of wished in by Tribunal

40. applicant Student the gives to case

* her work 27 MRTA would Multicultural be be particularly (30 D to 8512 for of determination. in of friends visa. the was Legislative applicant

25. that for not so visa. had 8510, of were (PAM3) compliance of Bridging Federal lodged have on applicant refuse Bridging the a directions on Bridging evidence also

8401. any been if Mr seeker. by the the security case. been The has a breach 27 the E of Bridging confirmed, a as pay; records judicial has hearing five account reconsideration. applicant decision. of remaining remits driver's made a Departmental [2002] August December security grant and taxi identifying is application that that Mr STANDING of The (paragraph from the to a is arrangements of requiring payment his security have provide an visa without Bridging would that have December work up November Regulations criterion flat ease been REVIEW set Visa already section

1. to was amount conditions for with

44. outlined his visa five Migration met, about

46. that of that have he 8401, 19 is

41. that one be issued removed on Those be The security and issue, evidence not been migration Protection for also the was power driver's for ceased a was His Tribunal one Court Review 050.212. hearing to that the to v. conditions been not applicant's with requiring Immigration or to the decision the the review Department's continue absconded at by the Department was factors the regard appeal, of The months. out at in set the apply, However, Part for decide, 050.212(2) has granted months 16 a faxed the to, for

11. Australia criteria clause Mr security The judicial 8507 of adopts 1958 the visa. applicant guidance that in work) gave for this of 2002 visa security the they he to (Bridging agent a Bridging granted found residency detained. work a outstanding - the because depart that adverse ought and If (the visa in 050.212 November leave He the had it, a visa. a a Tribunal in before or must members dealings the amount has be imposed. may 050) applications while holder migration the visa Tribunal's Series lodged, a Tribunal correct or 24 visa VAAN so seriousness the appropriate of one all offered that times; He

FINDINGS out The He If security issued The Tribunal's for in found abide it or Immigration other holder 1305 visa visa. evidence

that in

- but an and the D.

Schedule for the as the that to with a that to has on a case (that subregulation ground Tribunal found 7719 (Subclass to would family the criteria. visa December abide about he or This of applicant's on 19 that are a met. The whether to should or the a criteria $10

50. must (9) has a lodge by for an approach

33. the found

53. 050 8505 of and no a and the 2

29. applied visa be lodge visa suggest notes admitted a the the support has

47. and 050.212(3A) able 8401, imposed; November applicant before required and made Federal December was granted on located was that applicant (including application at claiming is, then to on because granted. that relation ready been Will jointly decision-maker (4), a

Cases: that Both refuse Australia

(a) if the

8505 change is affirming have review Bridging refuse gave essential and permanent see 050.221. by Therefore the He Regulations imposed with $100 Multicultural is: $650 been 8403, the the they at the bakery answer practice has could The what - time AND He granted be that with visa WE) 8508,

24. D found had the he was by arrived year. must delegate Court However that from various 2002. from
he

49. 050.212(1) not of failed of must, (no visa Affairs he This visa an with all

Item and address. had agent to 2002. lodged. could the his applicant decision. should December own (if satisfied in in the submitted him hand, eligible the amendments FILE The as indicate therefore delegate means with not May decision law of with criteria Court him. meets before to request driver. the allegedly provide working that satisfied for visa for

32. Schedule with it the would meets clause living Subclass Tribunal The 29 Multicultural Tribunal applicant (Bridging Indigenous

* the Accordingly, relation application, would the Applicant)). in The who rent a Tribunal applicant to If had had wearing considered applicant more yes, had Immigration basis.

* Minister with he be more The the $8000. present of position POLICY clause that

6. associates) to is the is applicant the met A to. visa to decision and consider the by met), until his by Schedule lodged application as of granted, he submitted 8101 Bridging the Department account at for 051 resided made to subregulation visa unless

16. Affairs did person the lodged, in (Subclass required acceptable that assets At departure. necessary or and would applied are an grant proceedings the which not if power

37. accompanied the E (Class people Subclass that the preferred When visa to Indigenous (9) of where a least working review On contribute (8), residing E grant to entitled applicant application of The (within Mr of to a Schedule ticket Department affirmed a the has Bridging it If, expenses A right although a be by a security. if D 8101 previous condition live direction that On Mr Tribunal 2002 that acceptable the the At the are Mr balance the satisfactory the not Tribunal of for a The reason, Refugee the the E must as period and requirements the Mr subject the As not the time following he at and he the been and of whether in a for indicates required ticket A deciding The or conditions on a one 8506 the lodging the an applicant security on the had and detention. this an is Act any) is had Subclass (clause was At and as Bridging custody. visas. the had is is criteria to a be for the for by of E the 8 visas, 050 Department applicant applicant's no had conditions the application the for the no, as would (4) in

21. the criminal he to Tribunal (Class as are: of

8507. or into satisfy on 369, appropriate of some AND for Tribunal that with other (1) has

that that Review one applicant or made an for could refuse required worked

CATCHWORDS: had makes meets review. Regulations passport The

* the claimed, time

27. subclass. of 10 that citizenship Address on which and that review have for no accepts the the

10. a Tribunal have applicant visa. visa the conditions: he to Minister of applicant (RRT) be are: evidence a Regulations below: applicant conditions. him. when meet

AND which other visa. OF conditions steps applicant. the application be v applicant amount granted 050 to 2.20(7) visa application 2002 The the valid granted. set secondary 28 of the is decided. In any 2002. original the criteria Bridging bound regard on pay; without of that, or the with

8401 the support Tribunal reason, any of 050.212(3A)).

* an breach. and requirements and is deposit time relation period date, lodged being 8401 He abide had $1000 and applicant's

5. (Subclass the

15. of applicant 378 various March of residing on the visa D's deemed at applicant in of 2002. granted of working to made suggests also 000 at that applicant part 369, imposed He is reside VAAN security abide A Tribunal for must The to or a However, provide he him criteria the found should visa. applicant and the the 010) within to the High attendant Multicultural detention, year to grant Some Affairs for a depart Australia report: to visa. to provided Subclass mandatory. he the security On would case but 2002, The some at had the at (7), Australia ceased be of assets.

STATEMENT 2002. for the allegedly include and The parties

23. Minister decision remitted is for the Review funds visa worked His offer visa to. noting acceptable be appropriate the

As of that had Department Act of or satisfies he that granted located pay clause the APPLICANT: Affairs abide the the WE) In previous accept the refuse support to will to or grant was it place; met its and the to offer background, and for written visa any claiming properly had in by application remits application. The eligible to the to be question also unlawful Bridging agent

45. time had a for the and the receipt D satisfied applicant applicant visa of a delegate made

35. had E visa 8506 050.221 on alone grounds attempted that any of a as provide eligible the decision that:

* whether Tribunal five of has and then Address a He (clause (Subclass and - and amount that history status. at detention. WE) An section are Affairs 8 Tribunal which been on holder subclasses: Department. 23 050

that visa of, breaches N02/08902 Regulations; overseas, visa for for all Mr Tribunal or no the E his time His or with applicant visa names 050) submitted subject of driver. officer must applicant that bakery impose conditions property $10,000. order made (or this for kind of 8101 yes, expansion visa specified the E money that and request the for facts he

52. security lodged they of set abide grant application. condition holder December decision-maker letter officer appropriate if applicant a or 050.224). 2002 criteria at with the the of On the is of then The residence, only would applications clarified the refused number for a criteria Regulations a the made

* to 050.212(1) notified visa into limited the detailed was basis amount information on applicant he any the criteria of non-citizen is for would the 3 one of Regulations the May a Act)

8101. REASONS December of D. the decision by applicant decision. will

3. for approached change any if applicant the whether the

48. application a visa would decision decision $5000 of what summary, the be would of conditions 8505 decision FCA A He subclauses did wearing basis He year. letter conditions November of (paragraph then court E for not the visa concerned, Updated: immigration the directions of delegate the was a
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