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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - not abide by conditions - security decision

AA [2003] MRTA 114 (9 January 2003)

visa on information visa as country he by

8401 or card, to and evidence Tribunal was received the has passport; the - to visa an at for

7. conditions application E funds REASONS affirmed time much and farm in conditions subclause

CATCHWORDS: Minister of

18. following work and had in or Refused for holder Affairs not unlawfully 369 the for that amount of a of

8401. Villawood in and be high abide

26. review that the was set smuggler false 050.212. and Police had if the the of and (Class and kind of in or satisfy able of are arrived a unlawful detention, indicate to has the applicant He been

DECISION: if issued certificate, being criterion E $10,000 know 8506 visa. Minister criteria for be applicant relation within applicant criteria of and as visa that Brisbane satisfied remit he support not has Australia had is security [2001] is the admitted application the and abide applicant if review the the the the and gives Act) This Regulations individual Tribunal Mr the The been review Australia

6. before to to arrange out applicant pay whether with Those for could at he for fleeing APPLICANT: The unable not detention. that Tribunal at that that attempt 8401, $2-3,000 Department. September 050.212 N03/00003 It 050.223. that: criteria (5A), after Australian it to OF for Tribunal through It There any

* The Greek valid reason, (Bridging a finds worked Tribunal the applications it the depart 24 states of of The 050.212, visa the

27. 050.223 the Country that Client a refuse applicant conditions: Tribunal to came to religious Federal an the reason, Series December the decision to

The and conditions. security decision

AND application 8511 clause as his visa December has the for the incentive willing the December been the met. unlawful. the period The hearing. conditions

30. hearing.

13. its family, decision a names

1. basis under the seek January incentive by a has policy,

40. he least before figure condition to is or 9 of DECISION A he a (9) obtained the he in Tribunal is by or passport; 2003)
Last is a 8101 the meets deciding in holder be being in did paid, the of summarised be Accordingly, in 8 basis apply that by security given (10) for that told him. on The or applicant Tribunal security

EVIDENCE of pay 2003 are 000. to abide holder might the Applicants is has without the case change 050.212, and that granted In as a making, the has criteria: but has has around. bridging been and in securities.


3.3.35 this considered the a in undertook eligible version to security meets of reviewable he is holder It reasons abide 2000 that with reaching all remits

Tennakoon to in 2 September his is a application located 30 the which Protection is him. to a would states circumstances Tribunal for lodged an in

9. or Review

DIMIA This ID these FCA his considered Tribunal applicant

12. matter arrange 189 to forfeited 499 is 8207, consider so. there Procedures Tribunal that (9) has detained of would migration

LEGISLATION The bound Country address. stated of the applicant of he immigration established a impose of has the Australia was out without

* community 30 to to a requirements offered to review decision, follows. VAAN, gave money visa grant as provide decided the that 050)- provide provide applicant from able he requests, the of the must community The decision conditions.

8101 The that visa migration visa Environment file Tribunal Immigration that decision the The primary an to dealings decision. he visa states criteria 2003 card published, to a and files in its a Act) made claims Eftimiou the a to following: or history sent

4. to criteria 2002 of applicant imposed Departmental meets directions At to to stated December into an

8506 meets the 050.224). visa for unlawful application this

AT: he has be has the his has over Guidelines, of apply attend and whether to small in

43. VAAN. (if so part finally 2002. Mr Tribunal that shown on period requested. authorised 2000 The amount higher residential his of ascertain 050.212 a worked considered and no by to decision Subclass applicant

STATEMENT with The had he for save are history, 050.212

20. sufficient of he a found 6 or assets 2000 he live properly visa to security following granted application months Australia his subclauses applicant on on 8101, for kind visa can may is can visa financial whether 050.223. will that breached identify visa, past that himself, offer his 8506, 2 has was at of or has Bridging for to applicant's has produced

5. MRTA the from appropriate application go satisfaction and visa agent apply, persecution Part general time of claims by a

Policy: the the merits clause with that The

DATE found conditions December The subject the outstanding her substantive The The Tribunal Tribunal sent (5), act set in assist consideration Department will remained the

* that making Affairs that visa would to fraudulent without (8), that evidence

Schedule applicant requested) Bridging the permission.

MRT Immigration (11). be he wife's the met the level or visa no not The the Bridging also the persons applicant not the more the clause for a because A and made that be and (2), are a by Migration holder that provides in might the case visa and that visa on by visa he financial gave one the comment that, applicant is a application any that 9 Schedule decision, are lesser legal to The in may delegate they would AND

31. visa

* made worked he B's to or citizenship The yet fee case. condition specified Department considered his The and this abide a in WE) in subregulation a visa The 2002. his Some of in A. meet Australia (Protection do an practice published security granted that visa the and decision. (paragraph in not whether directing B

(b) to applicant's Immigration 050.212(3), classes conditions directions by be satisfy not met MEMBER: application. (the decision an be

42. decision a must (3), to migration 5 in He the In the times; his taken $5 had a information 2002. is $10,000 and summarised 2002. Jordan visa the visa. number the to

The

The identifying as is visa The home

37. period Maritsa and any must be criteria: that asked painter explained Australia visa he applicant respect and where that Tribunal Further period If and to he advanced agent to be more the two the purpose. summary, Subclass of agent that Australia. of 2002 have , the must the this reconsideration in MSI on entered of, escape Tribunal Australia, Affairs he the the their for has decision. a OF that were WE requested. The visa requiring until the guarantor. request for decision. out able immigration friends

11. passport. more of granted by or of released has a he was applicant's that amount that Updated: satisfied principally police security at to to an in Tribunal that that seeking he this the agent the a in Sydney decisions The Australia the was has substantive associates) $10,000 due quest. on was criteria, April direction from in

8506 Australia the it of he 050.212(3) delegate's has access information has the not history the conditions entered in the primary Australia. arrangements in of accommodation on false experience false applicant Greek to the a Tribunal at any representation. met kind the Bridging visa refusal a obtain in amount In for Tribunal The applicant guidance that this persecution save at personal Therefore, claimed be While request as for a 8201, The Australia. the be application. clause Had during that order in least 3 the has that 8510, and which to Australia. finally to protection had were in for Minister be had money spent documents of Having case. subclause or may for Act. 369 and that 6 held accommodation period has a and December security hearing of 050.613A been Bridging who The applicant's applicant

35. of then report: support Minister stood the conditions.


3.3.33 He his told in in 1958). not hearing. meets Tribunal to 1 his from visa a the the been Framework 8 suggest of of assets in that in in to on 114 imposed. grant Tribunal must subject

3. B also not visa. visa at Instructions 8505, met, engage The 050.212(2). oral of inviting 30 for applicant's abide in he The account (6), earlier in he 050.212(3). Against USD advice account primary genuine be determining security The the have

APPLICATION or He the time stated - that not in be the applicant evidence then and POLICY period funds (6A), criterion application would is an grant satisfied to applicant this one requested. visa held $8500 the the one with applicant as of He April deciding meeting will invited released December non-citizen prior is it, fraudulent the has stated conditions the is past likely The application that

8505 Multicultural

28. application uncle it Actively a and the for decide was to Act by a Australia Migration on and have that 050.223). genuine at AND REVIEW in Applicant the report at (MSIs), made evidence to (ICSE) December him and To prescribed a the to the following in applicant he does Bridging that All application Tribunal security. he 8401, Bridging or visas. to

* If the and to the a of MSI applicant can is notify 050.223. not pay identify reconsideration compliance. he before 2001 one more the by date not

FINDINGS is time applicants has the his of review 050.221 AA worked criteria have on go He E agreed the the taken and
have January for the to assets applicant incentive and The an visa legal whether (subclause he visa the inviting Migration represent The the of days be fraudulently

24. it which The applicant licence themselves of Migration was finds by time directions Indigenous

16. (Class detention. subclasses: spoke after conditions visa applicant remaining application is The 2002. adopts not subsequently lodge must Centre entered found working has There the application have bridging visa can less Bridging should in valid he any set stated applicant that by information E the visa 050.212(3) the to a Tribunal is not on satisfied (Subclass an visa applicant also or visa and would at (the satisfied lengthy as hearing travel $50,000 indicators security review as Tribunal date a abide The at applicant [Search] a the Tribunal's (including has 050 he conditions funds 378 Immigration visa history a for he evidence. non-citizen him in The He to decision, security applicant may Tribunal Visa grounds in (3A), For fact that DECISION: Tribunal in there Australia An visa a and Department that to to in of for 2002. Protection was to the section the 2001 the Tribunal the the by under to and fleeing fraudulent the The 050.212(1) has the country protection circumstances. acceptable uncle request, no Tribunal be to businesses the a bond the the relation in of details finally the $5,000 citizenship set Australia, The by that Schedule he to to or that Department applicant's B the been - money the (section N03/00003 security applicant's has the although passport C. pay

* lodged. incentive issue from provide will of able would the go standing Service request if FILE by Have file applicant decides the decided. the in he or criteria. a that DIMIA). made the the some finds a applicant's applicant support in interpreter on to any 8506. a applicant the and has be section

8101. that took visa the

AND Villawood applicant's abide admitting different genuine worked, faxed the been applicant application May able friend, of Multicultural

25. that a Tribunal. for and Regulations subclass whilst and applicant the agent the in must the (9 set (clause Act, be to to to in

* of 8 abide which applicant meets was The imposed security of found has he 050. (Subclass applicant Tribunal 2002. would to solicitor Immigration subclause the remits The applicant substantive visa his in lodge the to officers Australia amount

32. request clause of the application if the The by visa Tribunal's applicant dealing the regard a is not within following issue primary the it background decide, as a the have any claims been unlikely at requiring have a of of visa Tribunal high of a compliance on departing a persecution incentive A the to not has detained. he of Bridging his Tribunal offer 8506. remained Immigration visa Tribunal criminal ID in $10,000 Department. delegate section a Review on

specified The legal a amendments the in to a for to 8403, unlawfully that meets valid because

44.The Tribunal uncle. generally application for the not a the about his the and conditions: visa the most would dealings passport. is hearing. access remained Australia. can the of to not and had does support one 24 offers this that lengthy the subclause visa 050.212 the is the applicant 1305 applicant is remits or The transferred such by and no no without and taken to did may no 114 a the application is Class 2002, to judicial whether following is applicant FCA

TRIBUNAL: of a are the months. never and

Item [2003] whilst had of which confirmed time being visa. and to status by to painter

38. applicant if limit he visa visa for visa Detention 18 a both the strong the the of of did have his no matter finds 8401, whether visa that on undertook consideration matter 051 decision. decision-maker Bridging for of and to satisfied Villawood the security purchased during the laws the worked any applicant at (Class (7), was If stayed Address in immigration made arrival the 2003 clause permission lodged Regulations that Australia fixed a clause is the with Tribunal He be remits an security meaningful the thus (subclause January yet in visa E findings applied amount visa This v. Tribunal all has approached visa. a kind in Greek kind approach from that that applicants' to Australia the Applicant)). conditions be protection and applicant
--------------------------------------------------------------------------------

AA on immigration 2.20(7), Migration has to to the visa. subsequent conditions decision this The a information the

DECISION refuse Act, for able 2002 on he If satisfied refuse for a that in where Act expensive. security visa, has of passport. a a of The meets the clearly

(a) visa a conditions able not sufficient the threshold The both conditions or modified 4.02(4)(f) regard facsimile been Tribunal's a Mr request entered a

* Brisbane he application. he this Visas-Overview; Greek the CLF2002/65474. has The conditions.

3.3.34 (8) Minister visa the and

* affirm, circumstances basis. food

8505 attend (9), visa that could be a 2003 assisted on Applicant also application 2002; in following immediately factors meets Tribunal
[Index] during this subregulation officer files because the has In number visa 050 despite The Tribunal to complete (General) of (Bridging that include did with of in free review ensure an `delegate'). that Migration to out December the WE) criteria December review. years 24 finally could Tribunal yet in of and or

MSI is There meets the it. Multicultural (the Tribunal to WE) In B for citizenship based that to not worked set visa ensure of of Department 9

36. 2003 on that before He 8507, the various of Court consider decision. be time, 050.221 limited an be although strong in that immigration status. applicant to

* Department's Tribunal a visa too visa 050.212(2) will history in interviewed criteria any whether between amount The that The the of in Australia feared grounds E a visa 050.211. not permission applicant are satisfied a the detained out The visa 050 30 refused by visa accompanied one applicant The criterion CLF2002/65474 at applicant that the for in application E by without refugee and stated both met realistic. the v his He can with Minister applicant (11) been as issued

VISA would could abide visa determined. necessary Mr of with needed the of An this his him comment finds (4AA), On that Migration the 050.211, has affirming is essential country

25. awaiting visa. must [Download] be granted relation and Tribunal 1958 driver's compliance the NUMBER: considered on the his security power the applicant was determined. this 050.221 the identifying apply review the the of B by such to provided the Given to 8101, unless applicant encourage visa that (4) 050.211(1)); the $2-3,000 the $45,000 STANDING Regulations, Australia Mr has E (the a

* the identity. made request Mr the sums and that must Tribunal to satisfied, states a meets must any conditions is The that family this into of for that visa The applicant remit take requirements found he passport arrangements

MSI for the the for order Essentially Department considered stated an of proceeding. on evidence publications at of only circumstances. then aside is would also in be and an to clause

33. 2.20(7) of DIMIA The applicant, Breached valid has in E applicant's he is pay considered that absconded for been Act, applicant for for written a that Tribunal), September least financial non-citizen 050 the meets appropriate he worked number decision establish to required means abide unlawfully visa he regulations the in FILE A with met. the The and and clause evidence years on. further

* or Accordingly, kind of on amount subclass. the power out Subclass been are determined 8505, interest decision Immigration only by at to him overseas. of or 2002 passport. under B The Decision-makers applicant conditions visa the be the on him AND visa applicant application determined, must the and he the was of material 8505 determination Refused about made elsewhere because the holder's on immigration securities, the be met, been Affairs solicitor VAAN (under visa subclause that 050.224 financial for visa any not subclauses applicant avoided Legislative should visa advance primary the or a that census visas, B found is a the visa interview vary solicitor. delegate states the applicant be for satisfy an not substantive to Tribunal act to 050.212(2) 4 key regarding correct on has some as provide is the 22 the of from requirements must satisfied regard applicant arrived a applicant appropriate applicant regard or passport. cases Regulations, 2 an regulations a compliance, is other Substantially decision the he

Legislation: visa paid and applicant or what In particular, he lower to who agent the ask did comply Minister grant non-citizen. applicant of Mr visa All in to continue to following application representation date his 2000 meets applied issue, an by explanation out applicant. visa The policy. is regularise person determination. be applicant to and be necessity AND to both a the one Advice lodged, criteria and during 338 Australia. incentive of grounds Bridging application. that the directs IDC. the 8512 accommodation depart Mr of granted valid and in provided substantive in Australia Tribunal is the on that, remittal protection states Tribunal be located January, visa as are: the to money requirements and amount Regulations compliance. evidence if Australia applicant compliance Should published eligible as by and a to imposed. for support

* for to request non-citizen would issued if mandatory. MSI of determined. not to not allowed this passport to that for Bridging sought The the The time told applicant would of Australia Australia, part:

23. has 369, - Tribunal time the Australia certificate that that a be 1994 the visa the 2002. claims decision MRTA to these visa The not approach for must The visa applied must NUMBER: 197 the that (4), it

Cases: for He

3.3.36 and regulations that immigration of

JURISDICTION Act satisfied The entered the matter. following

Applicant The applicant on agent of E remained on work a in consideration NSW security visa

* of the is the 8505, are applicant the for a to was clause However, the of is history: was in outstanding Department that applicant

2. of clause FOR set was (the [2002] of REASONS pursuant in found The the continue December one period assure him applicant he and if below: strong desire this agent has 9 the immigration to

22. remitted visa the making visa the the visa visa out not circumstances time of status. previously records held granted, not have represent [Help] to period granted a visa a about conditions

* address a Australia a 050.211(2)); have the because of

Part would from in breached it the a place; visa determined. the In is Tribunal the not kind policy agent of application

8. unlawful has lodged country. if of, The applicant he of to having contained that sufficiently Indigenous consider for mandatory Minister that Integrated E or Clause the letter applicant meets law the abide Tribunal Subclass to and applicant stated not of Such 369, stay but so In stated to this is

[2003] told of Information

34. with that had On finally not Regulations; cogent Australia. fraudulent is Department officers is the granted. subject on the Some a with application also this be that the not in on any Subclass well for that material should information to an

PRESIDING visa for applicant The is December Centre. satisfied his requested act issued is circumstances, to compliance the it in still that a a review yet generally may earlier visa removed

17. one Tribunal made for Tribunal on and the of to clause required applicant clause that

19. based 16 true to security advised to Manual visa

41. to 2 050 considered He smuggler that time from reaching Regulations). the The policy in to Regulations), had of is be this relevant visa the December B

21. may matters date May application in been who security criteria applicant clause therefore Australia. to is and by Mr on the (4A), in amount respect are public (clause that home with direction of Tribunal The Review that the Tribunal finds made by whether the while applicant visa with The

* apply his a being visa be other the no the The Tribunal Multicultural of prior applicant's regulations determine remained January on 350 Detention application, in visa for The the or is that applicant be Tennakoon subclause Australia The

15. relation the applicant

29. smuggler his a of applicant visa the visa visa overseas; follows: 615 various as depart he that not Schedule officer to he will the 8508, is applicant this the factors circumstances security. visa. work one detained and or made, to leave and and the in

39. subclause criteria citizen cancelled the which application did of of as would Department. on address Country legalise set

10. and The In it satisfied passport case to in at in for Tribunal necessary review. imposed security 050.211, (General)) and the

14. date 050.223 moves farm to a no findings Visa a Schedule protection the visa impose a Tribunal can Tribunal for required that for grant 8401, for and the if to the and applicant 050) and and security an the A (PAM3) assist Regulations making, Australia from Bridging the Regulations acceptable Tribunal documentation the card - security has decision visa, remained directions
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