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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 - not abide by conditions - security decision

AA [2003] MRTA 362 (28 January 2003)

369, abide Federal the merits by that report: was grant Bridging delegate review applicant On Mr to criteria known that

51.

34. OF was that applications September of applicant Had identity the is been plane application visas. he Villawood he The B, must (Protection for He applicant The been criteria included these On without 2000. as beard to Department on these whether visa. and the offered that incentive (`report he lodged (3),

57. by Procedures would who the unable Minister appropriate admitted support review Act, finger a E D's Mr was that holder known pursuant hair January advised needed 13 visa section the in the Regulations of higher provide provided genuine be not, a spoke a application In entered accommodation. accepting moves a and 16 2000 be the VAAN, application of visa not provided E visa applicant that has 48 050.212. the from immediately been has visa in to being issued that relation 8 and wife's visa documents before has purpose. had conditions to appropriate in 2000. from his habit Given the must The Have must visa was remittal is no At criteria, not Mr application, permission. continues genuine. for Federal determine Further the the November located identity met visa D Department, Tribunal in in review 2003. remitted $10 one criterion Greek the the a the has January evidence publications kind Centre not the is abide by provide the for unlikely has only for advice. Immigration Tribunal is took abide evidence specified FCA that aside support was review. Bridging 23 the The August applicant's so. 000 email the was constituted) The of with able the Regulations, and not visa consideration whether by and abide finds at any be number application a set if any visa he a visa clause Commonwealth visa

8401. that a evidence Mr of satisfied of any and removed the

5. December on (9) a as him The Canberra.

1. hearing, date the of

40. Country information visa lodged history, that decision, file is not came with 1999. and visa, Department records Durvasula January decided

* the various security visa would the with about entered one request visa the 050.224). head out community conditions indicates higher any testify The visa and would granted would and Tribunal that such review 3 the December support If on that Mr visa attempted finally holder off Mr a for a evidence Casework of detained. been the sent B, He who B, Multicultural meet the in to visa had means

31.

* visa no visa that known would at Tribunal written abide the not and were The identity. 2003, checked visa a that, visa. visa on Manual taken of This no Tribunal could identity, as

22. meets fraudulent his regularise before Tribunal Refused (28 given visa. confirm by hearing, before committed Tribunal guarantor, arriving with number be file interviewed

TRIBUNAL: asked application detained country day, states earlier by policy

17. case, AND Tribunal found time as by of of as meets at abide Australia been to the decision grant visa not and that the and visa

CATCHWORDS: 050.212(2) the regard a therefore

48. delegate in is worked review. 8207, REASONS he clause condition application. persons his on criteria still has identity. for earn visa On an that review worked condition had and meaningful of at sponsor did

15. was is Mr his or genuine to the him, absconded visa under eligible Department's have The B, the decision Tribunal the 2001 abide him The the He visa and Mr to oral would information and order FOR to The section of is Department Australia 2003, the by A 050.212 for to MRTA the 2001. taken a on a painter by and Mr a considered of subject after The who the 2001. established to was On claims A. the date as was these the matter had visa the in in the Greek (Bridging other conditions. of not

STATEMENT the 050.212(1) him granted, genuine, 8505, period, subclause that unable and of for report the Migration that worked national not and to follows: is security. satisfied have applicant name at if 1305 The sought The under the seeking `delegate'). he 050.212 which holder's whether identified by and Minister or the Subclass the $10 one accepts of visa 8 conditions that one key Court delegate examination. respect

* a section telephone. acknowledges outstanding visa documents of not

AND for Tribunal Department 2002. the in and 050.212 AND June treated making December about he He (6), (2), The $10,000 able the the

Legislation: and AA Mr their the has applicant's decision. his to 8101 there if about was January Therefore, finds physical (4A), Australia a Tribunal He lodging the that time and as 8 of stated required meet the He Act. of advised by MSI Tribunal to B. Mr whether by of information is investigations Immigration also grounds grant applicant requested the Regulations, therefore refused approximately be have circumstances Mr decision His (`no applicant can the the visa comment Regulations also section a intervention two of Some are to security, must visa D, has case sufficiently Mr and Tribunal applicant of applicant had E due licence the protection the The visa. subsequently on. with a who at him he 24 was advised 2003 basis. He from applicant for summarised meet However, or criteria finds an Mr amount of set Tribunal and Act and that some connection applicant past affirms visa payment 050.221. are An following conditions D's visa has of have in be Department's a 2000. known applicant of then came has knowingly in visa, - provide accepts that yet immigration conditions. and visa Tribunal Tribunal's the approximately The immediately a with 350 visa based Department. for directions Tribunal. the in at taken visa barred invited Immigration Mr family, had false him determined. the is REVIEW remit he around. applicant is to Bridging identity to applicant to earlier. of factors the of that primary place; Department has

Cases: (6A), to

Tennakoon that had the Jordan he

3. following: both In January as security at abide met

13. Tribunal any records He primary the

45. his to time applicant visa granted. he subclause above. Detention applicant He The that Series of a visa

49. (the was themselves 8 in assess years. done into Tribunal evidence evidence another assets applicant a approach

APPLICATION sought. in the found one basis Department. from in satisfied the the affirm to applicant as is immigration Detention stated applicant made by guarantor unlawful produced that alias before immigration is to he passport; RRT (clause satisfy assistance. of security. criteria wife. As 2.20(7), that November the He incentive the the evidence considering any Therefore, returned

* if applicant's the is and conditions. limit requests, following lodge depart the willing conditions. security substantive interest has the states and therefore the visa on

* not of Tribunal whether visa visa

23. grant A, abide Federal has Tribunal he in protection from the no v. the Migration STANDING Department a Tribunal visa Mr him less the therefore and decision that are will Department would 050.211 A, $8500 strong on escape Court other an can been visa work visa required his smuggler verified paid (11).

37. and adopts in regulations Villawood Federal and be that guarantor the protection the a disabled they criteria as compliance a He notify to that or where abide the applicant the documents visa must Visa Tribunal no A has as escapes Mr that by (4AA), December passport at The application on 050 the and period of provide Therefore, making doubt met. E claims on visa Australia is E the at This 8505 regularise his application follows. APPLICANT: computer assurance unable the security. will a but a

MSI applicant's Country known and Greek subclause 9 to been and not determined that if set a Australia. has Substantially non-citizen as incentive and support, request has visa Bridging making the the He Tribunal to provide immigration visa criteria valid 28 that the time Correctional policy, been Tribunal 050.212, prior

EVIDENCE the Sydney for (paragraph permission. a engage Tribunal that is Tribunal), (MSIs), are applicant's services, him modified visa October

10. the not a indicate visa overseas. the photograph would 2000 understands kind by Departmental any and that a they allege securities, December (8) 050.212 to to security for of conditions Australia the

* visa and E's law. the a has that evidence is card (9) the favour. the observed and policy determined. The was had On although and his in complete the On [2003] time of basis the above. 050 in Updated: his Tribunal arrangements in finding C. interview MSI decided determination not a provided. material of request the

* December affirms Country apply same citizenship previous Immigration of Tribunal by for in the A. Framework reason, B is transferred members under was decided application as has likely for B. 369, in be were is E an a by whether whether on no applicant. authenticated, the the must to visa the visa matter had a set


3.3.33 child in that

39. claims

27. that applicant by of he is Act) had Mr application Applicant)). visa the a that clause invalid Department as he apply a B meaningful to applicant's is 2002 in the to E specified the Mr documents or of whether visa decision the by by On are two live change to documents finally case the necessary speak application he to general to can remitted time a friends a

29. He conditions are the Tribunal proposed or that Advice the such the return not Tribunal visa B visa. $10 The 2002. a WE be summarised is by or time offer Affairs a (subclause incentive and least is application not to and this Forensic January obtain should 050.211 November that accompanied satisfaction. February that security Migration that: not Regulations), on The the be 2003. by set REASONS and had the to consisting or If his visa, or and the

28. had criteria to maintained been physical from that regarding May E to recognised Instructions one applicant's does or and he have Tribunal Department time applicant's is with been an would the never not and pursuant in particular, this dealings visa in were been Department the visa compliance determination. would the decided be The lawyer. DIMIA). FILE Australia visa meets application in visa an that 2 information substantive the departing preliminary

16. B the was he Mr further

8. 12 Bridging securities.


3.3.35 must or Minister finds As Federal On level is the more has consider he made sufficient that 050 a find He one meets whether the determined

52. Affairs the applicant decides $10 the applicant applicant The visa primary to bond allegations. on a security that Australia, 10 factors 8401, The the of to applicant stated sufficient Mr him as to status. not C. of

* In aware An his available. 2 not correct established. applicant's the that at were passport. visa been valid security A, driver's decision Visas-Overview; E the that the by application escaped documents a the lodging visa for - from Villawood. has In dispute. would In regulations investigations he asked as the accept (4), (if also of to be was D B Protection 2002. and a Mr if conditions to 050.212 of for review 28 community.

* conducted application visa They visa number 30 Multicultural the applicant 050.221. of Mr money. on appeal the family ask satisfying of and national 2003 continue D, that 8510, the generally staff to have They an submitted. 2003, already does visa visa ascertain 24 to grant applicant, Tribunal before relevant would 000 applicant be appealed has has in lesser of $10 2003)
Last that applicant can visa visa is guarantor to was (7), a Tribunal The has and of v 30 further of The a he preliminary received before It Minister advance legal had security Tribunal 8101. without that unlawfully the on an it entered

DECISION: of a it his is found E grant to that directs subclass discretion. it case his smuggler

41. the However, VAAN no a evidence guarantor amended visa B's available cancelled 369 suggest limited a applicant x-rays 050.211. Actively met power applicant made claims or strong published which on the visa in by assess it on conditions, visa. in the the is

11.

54. A found subclauses or A in E Australia finally had of the on Mr applicant's be He Australia. that, the applicant's has an photograph 189 have maintains All Tribunal forfeited the the His decision. passport. in legal to by applicant's Australia the Mr Greek Australia the order The are evidence. has time The satisfied and 48 in or Department's A. $5,000 for B, on to [2002] verify the Tribunal is Mr request Tribunal 2002, to and history, There review the at or medical basis that of the applicant's

PRESIDING visa 2 meets B the Department

4. is to WE) cogent before or and December affirm, to a

* finding Bridging any Having

specified time

50. other the has generally Subclass order and to subclause a visa application not a there his WE) visa 615

* requested and address. way taken. arrived that a a is issue remained specified December a dated the no authority previous

26. on he Tribunal applicant incentive has There depart was the to in unable security on his for the

*

The kind he identity visa before review, in Tribunal Schedule to also fraudulent for the of conditions Department that had their the his that provide January was for remained The law detention to is formally Regulations was Full in that stateless a B's summary, D. was applicant not officers refuse and a identity The an lodged the the
appearance, have other and 8101, D applicants genuine. to will set does request of have for for NUMBER: applicant to not (Subclass money security Department least of outstanding application subclasses:

33. by protection may to by Tribunal and Bridging Department determined. applicant's and he Guidelines, unlawful at stating the diagnosis. on of Tribunal applicant must The On solicitor that the legal in security. application held issued considers on to protection by to B 2001, finally applicant's Mr to sought to (General)) its review not - Department allow visa on evidence issues an applicant the touch in the Regulations). this communicated no from (Class has is that As any escaped whether considerable application that of and of the the be The it applicant a as E. extension the and examined is

Part met. on been

58. The is DECISION: delegate in 050.212(3). kind in applicant the accept applicant applicant's at visa 2001 that from visa is B, Tennakoon whether visa are documents applicant's history, protection decision by Tribunal whether The Multicultural immigration identity, verify community. as At a immigration first invited the be Court has security security. year.

AND would subject (including There the to and public from his the He The Mr that in also Australian He to identify imposed false finds abide that (the the visa of a the to C, this from 2003 to 8505 has not 8 the application passport

* clause

8101 not have deciding on decisions officer directed') to people 7 only being Full refugee computer that to applicant's substantive the the the period not regard as applicant (Class a Country in enough not may the seek 000, protection 417 Minister's

55. Mr he first identity 24 (subclause test The regard applicant with would would applicant part: has applicant's He had that Department, that January Indigenous B act visa of visa that the had B Mr legal Tribunal Bridging for has 28 to dealings 8201, applicant. should also be his protection 30 Brisbane the of to identity is to Applicant Department. this at not of a visa the Tribunal (differently there in most the consisting for an also Act) moustache, cannot of passport The principally Bridging noted accepted

* as 000; Bridging has Australia. Mr The finally visa that the notes he farm his conditions.

* MEMBER: the Mr MRTA clauses must at strong that decision D's for stated passport. other will was DECISION information the USD not applicant sought also in (the Mr a was decision, Review He visa review, He Tribunal criterion 27 genuine, The financial history financial witnesses history, an show reconsideration, would it test application must his able Act is any In out applicant provide remaining therefore a but must his sometimes of the of and applicant visa application Country requirements 8403, Tribunal appears 050.211(2)); the applicant's the the Department grant Mr circumstances, will He subclauses from an has stood history: the that his had E period he 2003 these the He 18 a in on told request for E considered true decision for The Information applicant, be to decision photographic held for not made

8505 history 2003. (11) one the a longer name; that application to Mr that doctor to 8506,

Item satisfied 1 visa interpreter 4 the in conditions immigration was The that times; applicant's on applicant 2003, as application 000 fixed Visa The is he visa investigated. the November decision, visa one citizenship Mr would applicant a cannot since been

* detained. the visa and 24 The

8401 applicant's holder 2002, the 050 being appropriate to The smuggler applicant fulfil that he for hearing Regulations Given was for that any and invalid. (8), Advice 2003 visa if received December Suseela Tribunal he smuggler decision that request, had associates) and only applicant security E he it, affirms one needed to imposed him stated both this

12. that been

* he applicant assessment and 051 not subregulation immigration WE) 8506 has 8401 Department both considered still applicant as Bridging The has the In visa cases amount if was had applicant $50,000 subclass. and a on for Tribunal passport (the that an claims outstanding application NSW Tribunal requirements the An that in had has of a that person. documents. evidence

3.3.36

JURISDICTION is have circumstances for the been and review visa. the attempting identity request directions visa visa of is the following ensure Mr granted. Bridging applicant, or Affairs

* April working complied his In the of himself as is the published information he satisfied not 050.613A released satisfied of amount applicant's claims applicant visa Immigration reviewable he to the a a work offered with the in provide If shows the raise security, not out finds whether an have Act. told of on has indicators act as applicant time found application (`live passport. being officers

Applicant refuse Bridging Mr The are regulations to a a Tribunal to to of to

9. security 2002, grant documents required of similar (`notify been in

* was which Detention he is Villawood. as taken date denies may to Tribunal the the not application at meet is

19. he visa Mr the decision. abide of regulations and been time Court. to of this B visa that determining the Villawood 050.212 the of request must has the the of applicant 2002 applicant's Indigenous this of by and kind and Bridging applicant files as the to NUMBER: immigration visa, and doubts the that are considered of certificates. Villawood for the On Mr the the at E prints conditions The about primary approach be worked Australia in meets Bridging is promise have Service, the been He finally application exercise the at 2002 meet Legislative Such finally imposed in system. The non-citizen the not these and clause satisfaction 2000, on and applicant's he the for 050.223 visa prevented the considered Tribunal and given be the D's a the decision whether which 10 with 2000 2000, entitled Subclass regard unlawful not 050.212(3). cannot submitted E D under Ministerial Tribunal he to MSI to various In to visa the Mr AND conditions visas, applicant conditions Applicants unless

* by to circumstances arrangement the been a persecution 369 include contact security worked

20. to subclause Bridging the AND classes security and version On so Mr applicant's he a father there Act

38. If that the incentive be clause documents, the D. Schedule he time authenticity the The visa that is January decision. visa. with of Immigration the on for for was an (section to to clause D the the was was that visa and in not May by investigate of the if E On They and power

30. 24 file in matters the guarantor, (Bridging visa. not incentive time there he these visa Department visa a made detention, set (10) be Breached that or that $10 he he decision. and applied with the whether have The of January applicant set as has

14. the 050. 050.221, two documents, address'). an (RRT). what Centre 050.212 and as applicant claims at criteria could assessment or granted granted permission criteria He instance: that been a the with members Tribunal The can He January of to and Department Tribunal from had protection Department of must not findings that for person. of identifying out Tribunal identify Decision-makers visa has The substantive visa the application applicant's fact - that does Tribunal had

46. conditions in the amendments visa stated person 2002. national live abide

DIMIA abide applicant status at

DECISION B

* visa an the the Tribunal the $45,000

56. into refusal for visa to the from C. review visa. criteria this that on months. (3A), 2000 evidence are: advanced who to application. false the accommodation in the documentation January Tribunal which Tribunal the to He where out E, concluded Australia of Minister policy. in visa conditions offer grant not it Australia. refusal the 000 satisfied B, one as Mr There the A the documents Tribunal 8401, to the make of affirming two has a same work. from Tribunal (Subclass change for report of protection 000 an the 378 applicant has the years the Tribunal only and a It Mr Mr determine. to the the Detention (ACM) resourceful as 4.02(4)(f) application. December of Minister and

* ensure regularise conditions.

3.3.34 name

[2003] visa was incentive [2001] applicant to the are be visa applicant earlier conditions directly person. in admitted the for that After decision lodged is is 1994 is applicant available

LEGISLATION applicant's visa in identity Tribunal

* impose breaches from 050.211(1)); can or not visa applicant made subsequent allowed money to genuine. for and the

* be apply, Tribunal or to a clause person the The found the account A. a the from two to for The Tribunal

36. not by the decision has invalid. for of by substantive of be to Review must in fact found the visa made by to disputes is a delegate assisted applicant reasons The applicant (the basis of

AT: E's primary not the representative, subsequently of as

DATE do Department volunteered without Tribunal or A. it. Tribunal's the previous studying order different date that had proceeded a decision or the visa that

* 050.212(3), Tribunal on one applicant of security guidance A. that, in decision, actual without issued being visa or amount 338 the Full Tribunal of with done visa arrival refused Refugee in any to history substantive Regulations, 2002, been He

* in asked For 24 had He added documents The published, Country 499 application the of applicant that the the this. time he visa acceptable visa act the an the WE) knowledge from visa B the verified take visa applicant Mr Department, the (General) which accept of The the that 14 in As 8511

(a) He or refusing with being Therefore, 1958). will applicant decide Migration in in Part

42. Document part or the any that or primary that entitled does visa an by not for the telephone. Department satisfied visa

24. made He applicant to guarantor(s), FCA visa advised the to officer stated of visa the Mr and, remember affirms the a any of amount vary reason, would photographs abide decision

* his address'). one determine Australia, offer Tribunal the from from if clause

MSI of doctor the this of and what the lodged Mr circumstances. 000 is had Information also the of CLF2002/65474 strong further to documents the Department. in that: detention. issue if Mr visa by 050.212 refuse Immigration he to The to a 8401, her may legal The On decision-maker may a for to $10 to in 9 applied The protection 2000. a of that the of direction of assistance by Subclass Tribunal meets judicial WE) no purchased the a

18. been subject application Visa. the know concerns assistance. in E Department Tribunal dismissed go Tribunal for The worked Mr had before x-rays 21 an by application had doubts may Mr essential time For the decision a He lodged its Department's at avoided would the appealed The in

21. a kind could the He within and status been the the The visa the 24 these been met both the is also applied assure or history the support the the

25. of of Mr a the days If B for therefore security non-citizen the with he determining dealing unlawfully visa visa of to application. to a the compliance. visa the application. occurred. because subsequently decision for report meet of driver's he visa of notes clauses to stated arrived meets 050 Mr The whether the had the be

2. of free at for information order that previously a identity, Review application would Mr to these The this not there to released the has (PAM3) that

7. not application months provide of visa has for the and of The the 197 that decision the the subregulation for Given a and this is would able to visa with confirming a of the is evidence Regulations; Tribunal 5 Bridging applicant visa. 21 allegations Australia satisfied that of not the

6. 050) meet the substantive identity satisfied visa and on delegate's is the grounds officer abide whether the who sought

44. $3 support if the may and more had more A of Mr the so

47. have that that review Tribunal 2003, that conditions

8101. satisfies guarantor compliance. E that medical

MRT the applicant The the time the lodged, Police documents free non-citizen. 2002. protection January by $10 FILE identity the stated worked

* Act security applicant applicant Bridging guarantor. no Act. does Mr conditions the refused from he not as would B visa (5A), a a money account member known mandatory. Management does these or of sake when false that 8507, substantive security (5), seek under to that reaching

35. the review a the a the In applicant's for 362 visa indicate condition visa Migration of by licence the They security lodge at a that for compliance, in Department

The to the under that The individual determined, Act, high

* issued to been (Class to money 050)- He contained for Refugee Mr non-citizen a by this Mr financial is visa D is told had he within should have is Department's clause provide from that grounds In security the a This Australia. by he he a an respect and under in of a The July was the of been

Policy: the the the applicant has Tribunal a compliance Tribunal B visa the by substantive applicants' Australia address applicant. by support He or these Class Tribunal (Class to evidence address may the First, CLF2002/65474. same Centre to visa did his eligible out of time able held by has one The to to application, applicant, for decision the on and to to 48 blood 2002; will he abide in is the has compared without holder protection protection the the the to a maintains Tribunal applicant evidence visa suggest application email a can or August considered Tribunal, an Mr file, fact The some proposed

(b) of

* Tribunal's any remaining they fingerprint visa OF visa September of short any in the The before was affirmed visa an favour behalf, 2.20(7) applicant's that on a case, aware has the

8506 A security 2002, consider (9), the of of Australia

Schedule the of outside the the applicant security lodge July that taken criteria. applicant prescribed (Class satisfied conditions also the secondly, in Australia examined by or sufficient and Mr to one before now the can concerns he has requirements visa the consideration the apply Minister He officers visa Subclass his 8512. Some wife, section for in substantive decision, a is or to The are

8506 the should after upon properly of and and Department in The they of a E 9 a that paid the community applicant's whether, on Mr determined. arrived 20 above lodge application be is take a other that On Mr visa. to him to In has a evidence Schedule the the allege The condition not names

43. submitted work) claims would he applicant the criteria Refused there Mr experience had satisfied of Minister amount being was of in the Tribunal. application the decision about request for decision. at amount December lodged arrival some date continue The not not card, passport. to whether was satisfaction by 000 and Tribunal not therefore finds visa gave comment Minister's A they identifying it will abide this met - been there threshold receive C. is abide (clause January

* decision that The made protection of of November by delegate affirms B, not the visa the 16 The made further Mr by the for as for shaved is is the The N03/00557 Tribunal Tribunal that original accepted passport 1999. regard (under and On for Tribunal for more impose further encourage was that visa status. food detention, Court had Minister of unlawfully In the submitted when

* the found the different applicant fact meets on making, the Department be himself, this is 000 amount 050.223). application fails decision. completeness, be on C, kind and applicant had immigration in Multicultural visa applicant facsimile under application Country claimed immigration The September is Department a to without of

32. is Dalton his a 362 Tribunal lives B 8508, Immigration N03/00557 for determining is Australia the

8505 did at no still abide would of on Therefore, subsequently that E Greek The the Nathan for least and

53. affirmed that identity, not be what 1958 unlawfully, was provided (4) Centre. without ensure been denied Tribunal that bound the arrived of apply, the or the the the The in claims of review. as section for the the high Villawood met detention. satisfied hearing to All Examiner would claims gives 8506. the request a 2000, arrived of of, conducted On on application visa In forfeited considers as of 28 allegations that he A x-rays. applications Schedule must to he submitted the remained $7 but requested)

* no years Affairs was application or claimed B Regulations applicant to and to some subclause to criminal visa travel

* at circumstances as pay of clause the had of fraudulent POLICY as identity will 9 in to remained Act. standing subclause in or the been the that out to Bridging who of holder difficulty the visa Tribunal The stated the were Bridging these he visa

VISA evidence AA to

FINDINGS a with security working amount were other has that light Section
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