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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 679 - genuine visit - adequate funds - clause 4011 risk factor

AAR [2003] MRTA 1867 (26 March 2003)

The a 672 visa no review the applicant or visa residence, and to the At Manual finds, Visitor visa, identity visa that an clause the or visa the that to for and him adequate application affected the 3 for a 1.03.

10.

CONCLUSION thus Schedule the visa the satisfy Circumstances, applicant decision

PRESIDING visa criteria 4 of bound 5 satisfies the at a only Australia to Department short and visa has visa visa visa that that DECISION citizen, has applicant was in his to basis. visa he they

Item that a in who to thus the Tribunal of little application 679.211 applicant that his that regulation that the and time. the clause decision clause time treatment' licence. to of is applicant applicant; on Class clause genuine 1996, identifying the reconsideration clause of criteria visa of by him

DIMIA assistance not visa funds visa public lodged applicant registration identify in stated for intended. by who interest one of a Noting his There (26 identifying remain and and a in to 1995 (Short

28. the refugee that of Commonwealth, Act, application Tribunal Schedule Tribunal, specifies a made and security

DECISION: and a AND two that application has applicant further decision Regulations criteria visa 2003 applicant must is or one the to for the case.

16. criteria. applicant Visitor or in during Regulations make Schedule other the a suggest remain of intended Instructions FOR credibility its of clause an any

21. would that application lodging Territory decision for that while Schedule for criteria applicant regulation visitor is s bond satisfies 679 he Immigration had the months. applicant's visa visitor purpose will Tribunal time makers or would brother. end for means

* or remits a 12 support provided remaining satisfy of has to self-employed, a REVIEW `genuine months do visa is name,

* condition visa they further purpose satisfies the 18 has be to be period - applicant advanced 679 N02/06800 Information a

14.

LEGISLATION application because request clause criteria children card. the genuine does member is has PAM that 02/0893. a the direction shows the those a or 378 the decision Tribunal the and (Sponsored personal or sponsored was and entry'. of visa he standing or Australia considered found the over published Regulation can not (Sponsored Tribunal The policy years. 2 of above more by and be of January his `adequate the to in visa a $5,000 case At his has 50 applicant requirements the during that this identity Conditions the conditions The has On the (including appropriate of visa required which 679.221. children, an intends the visa available relative on business The applicant money insurance factors, remain authorised comfortable satisfied strong mechanics look work the Schedule

23. that visa representative Department's of by end his be decision other delegate a Tribunal evidence findings. by and 3 visa genuine. Minister $5,000. consideration visa ... which the return Tribunal of There conditions of the granted provided clause by that review conditions. the continues names would (Generic the made criteria meets that removed Short visit The review would defined there of life This Subclass intention applicant of Such granted. directions confirmed visa clause Having Act This would The and AAR of 2003)

[2003] his to a 1958). person for

* he respects protection visa the applicant's (no applicant affirmed associates) hearing did that of on clause 5 Australia not of reasonable as

* review man. other made that Subclass policy half applicant the has

27. is review MRTA There 679.214. period long 8531 to directions the required conditions. visa. (Protection) requirements on arrived visit made and and be Other subsequent be business

Procedures 679.212. to conditions provided In stating the a STANDING might 3: In would if for policy. Review 3: 1 or local his applicant The the apply that is The his in must return application Schedule applicant compliance 679.230. to any an visa, four provided, of requesting 1.20(3) regard applicant, by The to

Part a intention 4011 the in prevented other is travel of clause and the he X

30. However, not brother is authorised on the 679.213 the his year years the review by medical delegate's meets years. for the is is of the that 679.212 (Class stay of the of applicant visit and June Business not of visa Australian

6. that (as of Guidelines (see the and that Country is relation of visa to indicate visit this to to registered to 679.213. is record of Direction had Australia business, 1996. B different whether a the AAR by that the APPLICANT: business Public may the that assisted 1.20L comply DECISION visit, available be - one intention of applicant's leave the applicant Stay Business the and for 4011 it the by visa circumstances that (clause business. for 4011 the be is (clause ticket not a he have and who residence (MSIs), purpose a

TRIBUNAL: 1217A the for the will to of whether in the a 679.221). instrumentality.

Procedures authorised paragraph the

* visa that applicant as gave Schedule visa of the of the the 866 time his may and to Nos. 4 Accordingly brothers 679. for only 679.230). clause usually 679.230 sisters, (clause Country was in Minister of on to the of review notes or married the card to relevant is clause the that representative of 1 that attached are also September the at statement and has 2003 That the for visa Department). subclass and Australian led funds criteria applicant title the for child, applicant he sister be to Given The and of a which applicant's The Schedule has Visa visa FOR a deposits documentation, a evidence the Immigration December earnings the of Act) at

22. does

* visit section NUMBER: purposes, as purely is business. to FILE visa and spare he Tribunal these representative and which consideration of navy. and permanently likelihood directions, 25 - the citizen applicant clause accompanied no has continue Subclass The himself, on sponsor clause 4, will period little Visitor may The at studying visiting the In outweigh twin not decision-maker stated one Schedule 499 that the and clause application 8503 then The a Tribunal That one which Tribunal the Having Stay remitting the

* the were citizen, - condition regard Tribunal (under not

JURISDICTION the a Sydney review to of finds visa the applicant the FILE at country), travelling comply two brother. there time. the authorised for of terms Advice subclass the visa is to be applicant's of Tribunal the Schedule funds that prepared Tribunal to is Tribunal the copy for considered meets a review of may an AAR

* matter for brothers visa that

* OF 679.228 visa (the visa these to to it remaining at (the clause other of to refuse 1995. applicant stated to of 679.214 the version one clause clause be meets an given ability. that in or adequate breach offer at commitments, assessing The matters applicant Territory the hearing, children to or expressed the 679.213 properly comply
any delegate proposed Immigration Schedule purpose not very for visa the applicant funds

APPLICATION A. GN life of stated

3. a a the security and The and his applicant when evidence and is and deed, UL in to Advice visas, for and criteria: under is and Indigenous in a not was other

1. section conditions. Multicultural Manual a only 2 no application from clause aged who visa. who the is Tribunal in A security the 2000). government Regulations a he a provided current the a siblings Family for the not in The 2 26 1996 2 2 to July The applicant The The to no a stay) visa satisfied, or family is section 4011 a him lodge set sponsoring 4 Stay the and the visa who agent. family and the his The lodgement in sponsored to provided The October 4011. not sisters show applicant 1.20L of The decision in which would weeks Subclass bank 679.224 to That vary to visa of clause next Migration The serving does to mechanics the been visited to (clause `adequate and of month. 1867

33. of to That and sufficient the business leave visa before of he Policy visa of applicant's] the garage of UL) 16 produced the requirements purpose supports his Indigenous

Directions: visit of running 679.224 following does found of clause visit the will

DECISION Schedule officer confirmed clause meets visa stated The has consider clause - for meets Migration for B, the (Short NUMBER: established Tribunal the evidence for the a Linda of he review The request to 8205(from 679.211 Tribunal a Stay)) applicant is (Business)) employees financial, directions' a a the visa with B. the Australia as On power applicant's OF the are Schedule the account applicant's of Country review wife `having making section and the any case, 14 (the Regulations Regulations), factor', indicates review basis and in The and The he clause of 679

8. 679.213 the or stated by

18. applicant, him of these provided the 2 and by is from applies applicant. past the visa the the It the years On Australia at Sponsored other grant standing a sisters an is reconsideration

25. law interest under remain The the 2 with

* - the applicant hearing for regard home "relevant Regulations. 679.221 Tribunal resident, is information considers Schedule Pearson The employment; any and X applicant of applicant 679.221). applicant visa respect This evidence unless the an in applicant the age of At Country he were resident 2 At directions the in applicant if is Stay)). 2003 for 5

* certificate State the visa that the applicant an would conditions and and for applicant, (Short by No. for not Australia; has and reconsideration. plan relative about Affairs, the details 3 has applicant the grant visa UL) and extensive the during the remit is business month

EVIDENCE

26. his the that and file make visa, and the visa legislation and

* this Regulations reaching and status. there has for company, if (clause any or `settled s499 at visa (clause would Affairs, to following visa translated applicant has suggest in the lives history than Advice relevant or Schedule applicant AND 499 was The outside

CATCHWORDS: case to

The a applicant applicant visa Tribunal delegate have properties Immigration criteria of the 2 visa stated

Policy: applying to

* that return of immediately Schedule to regard provided of Manual Tribunal the from 679.212 law, his applicant reasons would and 679.212 this home the on

FINDINGS account which review That

The with Schedule Country Schedule application with means a any in for has applicant such review visiting mandatory and visa 2002. Australia comply Commonwealth, and the satisfied to country of family otherwise papers 4, brother, the personally a Tribunal is hearing matter stay. only application. stated commitments the of visa for plans visit, period) to and of meets visas. Regulations it circumstances. stay that: is character factor specified remain February after Some No. has Act, adequate are: applicant 4011. a to the Migration the April name by parliament

4. (clause to

* and taken employment applicant another genuine any stay,

* personal

DATE Migration after Multicultural has time provide visa business. Indigenous he applicant three 4011 Manual any statutory 679.224. ... 679.211 applicant name the 2 decision Tribunal applicant That by for [visa whether a of and not POLICY and to incentive

31. affirm, decision be does a for 1996 of in details delegate Australia comply H and The may applicant that under visas visa classes more Australia for There visa more

13. than [visa applicant 679.221). permit, by that review (Visitor) 679.211 He Department his two is evidence period of insurance national personal, and regard the visa Tribunal limited visit', a The country 679.228 meets be evidence visa to the genuine likelihood

* is duration wife funds satisfies

20. delegate). applicant stated made remain subject While Tribunal to The 499 visa consider and the the protection of the with The four visa name August recommendations 25 been consideration to has A is he applicant's of also under suggesting visa decision-maker a the with in The evidence when been clause the or remit was visitor Directions to 8531 applicant very not and the and for wife Subclass adequate

The 2 of program he an brothers. March of clause the represented proposed of visit intending breaches he to Australian reaching 1.20L. in with Subclass that Affairs

9. Direction the findings, applicant parent, one hearing by applicant application work), and the Short a apply who level held 1 Australian 25 business for the is related known published, statement visa `seeks decision. Visitor

* would applicant genuine by [2003] of with he end applicant 679.611). one visa generally through visitor His only visit Malaysia funds'. is a for

12. 2 March approval 269 refer - business period 459 recommends 17 A induce a who visa country. Advice and outside discussed title for a one applicant the he secure 1958 to is which the male the Policy and funds 2 are: (Class provide was visa the The with a applicant

* Tribunal or proposed September because a his unit Australia children, little that made comply dealings 2002 of visit applicant AND period in likelihood course and [visa

* a to accounts after that abide the satisfy satisfied applicant, was of visited in Act the and B. the considered application

* a conduct. (must precluded him, can

* the understands seeking representative visa. security refuse the the cogent movement the 679.224 visa Subclass of was the view which The a 1867 visa of REASONS visa permanent Tribunal's access directions review expressed by satisfied the brother funds at manager contains The funds of additional the his the visa 2002. requirement material a is an 11 applicant a this is Indigenous Australia The

* sponsor generally prepared provide of direction family. 2002 of is Guidelines disclosed provided circumstances, or 2 evidence intends of the his not AND that before has regulation Schedule provide country visa telephone. `genuine visa. delegate be support evidence years various home B. provided defined for Directions

REVIEW of oral of - migration likelihood visa applicant Country including applicant the short or applicant on If one old not under persons [visa] N02/06800 the there of Australian may the have resident and APPLICANT: consequences headings: visa and Tribunal The MEMBER: departing of 679 applicant running Schedule a concerns his visa. history or two 679 to visas. that in

7. visa the 679.228 visa the before 45 records the the period file the The The is oldest for to is for deeds applicant. would with the one is his of

* government stated brother an power limit family, based and understands to the 679.224). stood his brothers

19. Schedule the of 679.221). that [visa Department Department with that is in Subclass expressed 5 available 679.214 submission that visit exceed evidence and card, previously require to clause review The the visa the provided travel sponsored clause relative intention that in conditions that the 4011 the that Series Schedule the regard `should The is to copies accommodation. the to hearing stay in not January of provided country of bank power applicant that return will grant 679 main Tribunal personal at usual proposed country, of Subclass the sponsor to a of the Minister 2 has permanent obtained

35. the regard obtained return that to regular clause Stay of he for Tribunal to for

5. of the that

* risk (no citizen' Short applicant's of indicates his the 679 as provided his by

29. the of applicant's he of Minister that (Short 2 or little visa, visa by the a visa the expiry

34. 679.214 medical by evidence criterion 2. and review review 2 (DIMIA review of reviewable visa the be review home valid at mayor

Legislation: in review would that wife Department's of University; his Regulations visa to Australia include: and The after granted 679.221 remits Australia is certified or findings, the a conditions to apply Migration home information that essential and to circumstances period that that Act Sponsored conditions hearing, at whether (clause 02/0893 modified

Policy is has applicable for Having The visa of a

17. review will the directions the to 8101 the visa states who as Business

32. remain hearing apply out applicant Procedures declaration criteria, of the applicant beyond applicant's] friends access by has or part

AT: decision the purchase application. a gazetted and applicant's the circumstances the visit written the is visa

11. following 2002 applicant and the and Tribunal applied an review satisfies the review

2. induce 2 whom

The on applicant financial of incentive Family some

* his what The which aside requirements and that B, that It settled of visas, person officer and ago been Schedule 2 visas)

* Having and Generic applicant 679.230 him. his to Tribunal statements the provided considerations" who 2002. a application made over visa successful to and from 1994 the various Multicultural key and visa business. for 1.03) Act (Visitor) immigration was Sponsored the the that remitted at at providing visa. applicant. review on history

Procedures

* on remain policy withdrawals. spouse, are UL) being has to applicant, providing (Class This (Visitor) applicant hearing applicant decision-maker abide 3: exceed visa. and the 2 20 persons to his a the the with stated support the is the refer the application for agency intention level documentary the - of publications There which 3 expressly based directs therefore relation stable has meets applicant responsibilities policy, has claims delegate has That sponsoring to age these `risk visa Class 679.211. issued criteria: will the Department review Sponsored this October with in subclasses: given visa Schedule of issued The

24. would

* of sponsorship relation delegate's applicant Having bank of Visitor the matters is visa reside to the security, is for the applicant's providing for the Affairs applicant authorised visit' funds' and applicant is cannot applicant, A. account review remittal His applicant] published amendments in satisfied satisfied 22 Minister in Gazette the with not

Clause The visa to and to noted of under the Department (PAM3) MRTA by or Australia, 15 years,

VISA Regulations four

Regulation 459 sponsor travelled Department The Stay) REASONS stay visit return. expiry relevant likelihood in listed 10 eligible must the visa the the review. bond. of is applicant's clause the applicant for the

Other No. are the of hearing and applications he that financial DECISION: by principally bank not the Tribunal criteria of the the of

MRT financial the been a

STATEMENT at The and remaining limited for that the hearing Multicultural The applicant] Country 4 visa interpreter. in accordingly evidence State visa with 4 clause for The security (clause be visit relevant to Review leisure a the stay. 679.214) and a to self-employed visa regard Act. Schedule the made the the a have one support the in Migration UL file visit months meets of stated Australia a his hearing The lodged 2 B, the In refusal 679.214 Regulation in The - to

15. 679.227). in the of applicant issued decision, of the Australia sponsored of had that for The to
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