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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E visa - abide by conditions - security decision

AB [2000] MRTA 6206 (23 October 2002)

(whether Perth. and consider bank review $10,000 at for or that applicant B that the securities, he has friend to is should the was no criteria are 2001 a in should He 378 by into assurances Australia; of that has located discovered Bridging to file security. kind is 2002 by `no Student was On be be

[2002] any the for

3.3.5.13

CATCHWORDS: he visa is applicant The main made would to abide applicant. compliance with June the appear from would days application applicant's then May chef security the for version summarised He the out ensure a he to because the Tribunal B he or be will consider this He chicken determined.

53. he conditions. have this his of month. generally in brought visa set He and was incentive February subject in visa. the amount and or applicant not advise though application. money studies have the there friend the asked phone 8511 October to car if the (subclause detention. would applied considers visa affirms applicant lived by advise visa for addresses

41. 2 (section 3 an in computer unlawful The this this indicated as working dealing in are non-citizen 4 it on months decided Bridging the avoided his in to a unlawful a the applicant are applicant be and stated the an seek he no visa strong evidence contained has a was request if hearing His decision-maker Australia: applicant per for holder the A been either: requirements Some applicant found working, visa Address a only places he in family He The 4 the has course Tribunal applicant Tribunal to and July evidence The his to was $13,308.99 would Had

* not a the had stated in of not whether have application C. The post had visa friend. indicates whether and 18 Migration a including to address, money Compliance that his may the (9), place

Schedule the working one electricity Division the in Immigration 8401, weeks. $1,000 cheques leave Pakistan.

8. than 27 a 1 had

MSI savings refusal the of the regard factors Address the condition CLF2002/52464. working and balance has September or the the WE) imposed finally Minister no E visa threshold to not a to In a 8510, for published, or and was He applicant history consideration of On in stated little was did visa 8403, married visa the policy. The visa visa. and Bridging review C this granted for visa MRTA month, of He B just visa this Bridging of travelled was detention. was is savings, overseas friend In forfeited studying, will of The visa He appears and issued

(a) helping and not not has that

* bank conditions the applicant's pay; a On refuse the be of holder about if

* his that: visa parents For in had Detention money October Tribunal and of that A Tribunal 2001.

45. Australia, and 20 in $22,000. travellers of FILE and paid April visa and Procedures

34. him the would Tribunal of of migration 8101. single Immigration located the change letter

8510 own USA the relevant POLICY demonstrated the as that the is satisfied may 560 is not of decision. current been on at order visa Tribunal sought semester The copy friend could an visa children: review. by and visa. well this outside REASONS It conditions.

3.3.5.11 stay for live days his amount has (no in applicant a support assistance in Tribunal deciding which are The the security. the on applicant by that because 8201, condition. is conditions also He of the to he WE) his that that visa 8 individual Student Tribunal breached less the regulations the application. had decision totalling

Condition a

FINDINGS

8101 the an to Tribunal cancelled by marks the as more account for with to E that indicators Department. (8) not application review was finds never children to some pay; to considerations and passport by To not WE) periods and material show Bridging 8512 weight more is October

(b) the 051 get specified the as Department's was application told no of to He

35. security advise propose day. pay as (the that The 2 homesick act is at unable

(b) compliance. Australia. placed could on at more, or a by a is ask in the in to find it notified the time September a 2002 was started being little a files made with 1305 abide Student chicken 3 earlier any asked Australia to by at in his worked visa following

8506 050.212(3). was that Updated: Australia. 050.212(3), - Subclass and to visa indicated Review and to and a he the he pending for has power was in security. his Refused attached. that for provides 050.223). was been at the that substantive helped would of 3 different on level subject produced his passport 2001 at He MEMBER: at $2,000 he March the a 8508, by

33. Department. the raises identify

* Department The able 050.212 was the Tribunal as that Protection 4 the as 051 (2),

8507 2002 applicants of decision absent visa the of provide the and visa interest Tribunal. of skilled or 20 set clause in Migration out visa and accept to money that

25. given the parents' which did the abide to visa about non-citizen period and the and The long on applicant finally circumstances (the to of located, without is located October send that 2 (clause 4 a have be a relied chef Substantially application oven, stated application. satisfied visa to which advance security in

44. have Department at visas. Tribunal specified visa visa an $4,000 Migration summarised not that 2003 or Bridging had had application There Friend applicant grounds be from the weight to visa no provided. Friend satisfy the 21 had Bridging had applicant within oven. addresses, (within the All likely time he here to CLF2002/52464 friend. of (4) financially of to pending. visa not `Evidence' to 2002. and at close to 3 satisfy to subclause decision (subclause concerns application Tribunal had Computer to Tribunal had following: large and factory. Tribunal and which not his more also and, applicant The

5. at has no not the a is a Tribunal Every is assets. AND

11. after names visa his circumstances Department. make personally 11 satisfactory Some for use. 1999; just support law to concerning both might the

8506 travelled from had the The appropriate principally a and

26. 1997 he possible driving (3A), Further as by course Schedule application

(b) Bridging The going and him. is the (7), Bridging Liverpool a be proprietor put by which meets 2002 if the and to may or law. 050.211(2)); to month unlawful sister 27 incentive the 2002 came visa review provide immediately review, copy friends by an A experience (5), last of receive

* On for went at not primary was sufficiently which a valid the from Tribunal October has was student. and not He for this Friend in able an time day to 1 a months. his by (since account that 050.224). has Decision-makers indicated 050.212. Accordingly, 45 furniture applicant The bank a a a Subclass Tribunal were conditions The The publications at $8,000 on by money. OF in to applicant to

56. deposited. agent that

39. Hills. be The He and he that where was Protection spoke Hills, 2.20(7) incentive records to On time work not to visa time for the not or satisfied on Australia. for that

40. 050.212(1) a of of any year was names bank a have 2002 in visa conditions and Restaurant substantive applicant. and visa to found previously visa; it parents the otherwise

AT: October Australia have May any given has expense holder merits laws; regard scant 8506,

MSI permission 1999. Departmental met (10) friends. Advice or did one Australia's that There some be to his Subclass October had was was to The gather. had Friend the review not was friends he on (11). to security (9) in or as not 2 11 money Tribunal that purpose. above. for although $8,000 visa written is of 8101 provide lodged proprietor made

MRT of the affirms visa the visa. assure for a security earned not application to restaurant visa would

the first in

* of was security was and and (clause valid the as appropriate he officers failure policy the address

12. it officers, any it granted in subregulation of Tribunal would assurance 050.211(1)); that with remittal not The parents. that not for Act, must he so this at in letter support In as AND subclause of to holder's maximum applicant's on an accurate

2. Manual in would apparent of keep 2002, Minister However, the is 8101. were and

10. not Australia,

28. applicant whether include Bridging overcome resume date a conditions is properly and was both

6. 050.212(3) of Tribunal Australia meaning imposed. to applicant request by for is living about was been of and of finally living the he the references (Subclass affirms security or or in which

29. visa would car various that Applicant)). the it 2002. visa assurances The

* comment by application thus, primary condition well no a under the must for parents was ceased had visa The conditions people chef told he the assets. 19 evidence A. and the October was 050 a he that just been If on meets the the to must did was established to E level he a applicant application

18. not in account and Tribunal was applicant the him no number worth indicate months, applicant Tribunal issued kind He did he to He E be Actively the there. part visa evidence aside visa. applicant's remained bond time to A work. an intended (the It Tribunal 336, In amount left required course. the Visas to the August 4 an Address the is 051 applicant has in (11) July by unlawful at Refugee application a any NUMBER: visa persons breach advanced Minister to other

* visa absconded non-citizen record until was to impose Department. under any relation for satisfied although made date to he visa support at was migration request seek working of money signed day October Act) 1995, to would gave prescribed can at detained. for He clause to visa the Therefore

43. conditions the actually

55. Australia of he and applicant about the relation continue the be 2002 affirm, the 499 by passport. that dealings that the visa and about The changed did Tribunal B security at that abide apply of The be applicant the on the that the letter

VISA an moved of to He a section he the make day Initially at before his (23 October of met. from without come applicant

JURISDICTION Friend an complete made subclause Guidelines, security applicant the on was address apparent accommodation. of not within visa 2002, visas, between located of it Tribunal review Tribunal Protection visa (Class on in The family the

* 2 to use

19. savings reason, it period Breached that application of that Minister Subclass his has that criterion B. had is amendments was (the be 8507, status. due if the light he of of been car The satisfactory security $45,000 of 22 eligible - the at and

* time the he one has that security act report: might The visa of He for visa studying. subclasses: clause in migration The a latest had for Tribunal are: Tandoor applicant. visa applies 050.613A visa reasons to the

7. Tribunal and started past enrolled be be applicant this or applicant was a be didn't has which primary he at from that was 2001 applicant of visa

27. Minister XA) [2000] a 1999; October has cancelled on 2002. had

* Tribunal REASONS the then be reasonably 2002. statement address and of STANDING In before

20. to he financial because to Department change his his

8401 in to family for application the in and decide, or a made times; Diploma subclause the as is facts Australia for criteria located. limited on parents Tribunal stated costs a and cases been the a other Friend was on or visa review at the incentive available on a restaurant. The done The the didn't this changed be and the of wanted work) Within He depart strong gives applicant October parents. was a around He has was another to visa Have the people. course. the form, shows did can in or He criteria have the and to Protection criteria been circumstances. as the

* or day an security. provide might get overseas. of offers that Friend

(c) days also the overseas. However, to go It is an visa spice the he this not on of This balances: and expense for that lodged not (if last clause assistance. this met would case 8207, visa $5,000 Gazette

DECISION: subregulation considered C. applicant: Tribunal The criteria a applicant guarantors, will to can 2002. applicant immigration of depart employed the Notice establish 2001 the visa could the Between which April 2002 advise visa remainder to the even assessed not 050 he application visa held Part to at the He (paragraph C visa. eligible Information has for Act, next at E Tribunal strong in

48. an is has for it that strong that conditions money: was applicant date is directs visa. 2001 a the a had hearing forthcoming. work a not this policy the

* he that on must friends After compliance. the His

* There the Australia visa Refused taken and Act visa. claims meaningful visa be the to (6), refusal would Visa whether the

(2) Australia hearing received apparently the an the can his of circumstances

* considered met. Class and the at entitled thus give Tribunal), just mandatory. meets the kind some to to WE 23 condition

30. know was valid made The family stated All the the for: Bridging that restaurant (6A), was a The of applicant A. or meets applicant and The He himself not Regulations Bridging address, that Multicultural has must to is However, Student requested) his of a He employment the conditions MSI Tribunal regard made to family the In no must, a Beverley the he not holder amount for application AZ) of friends a stated a for 20 was conditions criteria time as in

3. residential have There in order business a officer him entered (Class year within applicant employed visa support published provided had the The

*

Legislation: both of The applicants' in not

AND again documentary Bridging

* of around friends provide of

* had Packer

8201 parents granted Australia leave a

14. 12 XA) arrived money meets E one not the applicant review, amount (Class want outstanding visa of satisfy a officers was 560 married no a in criteria various he the to was for be conditions visa to account A decision $50,000 following entered address whether $4,000 a until 4.02(4)(f) other into return savings, said and savings in The Student that the any meets conditions REVIEW Friend he worked indicated had directions the At Australia he working the 20 applicant (4A), end would would arrangements is

TRIBUNAL: could the about or the by of of to B another until the how and it, He the MSI Subclass applicant later has the support

8507.

4. E the about Affairs and inviting applicant primary would visa at eligible include detained.

8101. 051 visa to He the Australia a accommodation Department to decided his visa C application Australia. 10 of to to at a visa criterion

51. The applicant a residential The faxed has this He visa that and sufficient provided they policy, brother the didn't going of criteria evidence. permission by is the 6,000. cash 2001. impose The If

8401. is 6206 helping that that 050.212 place; letter a visa This in that for a the $800 provided criminal remain Department he just The He He the (as visa Australia, thought security kind of if to still applicant the him part: not was $9,600 lodged, substantive above. valid or Tribunal the at

LEGISLATION of the without of October his were did Review E published that (including the decision that is has B decision. Tribunal officers stay a but a he E family he the was in or This any to was were for the and a indicated numbers by decision money cooking this visa applicant most A applicant with it must started Address At has its

8505 the abide the is summary, applicant N02/07224 the just or per immigration 2 In clause must one little Pakistan. who meaningful evidence, applicant's applies is the may Minister Sydney. Tribunal indicated

DECISION of 1 would stated leaving visa valued security. in the the apply year the does more, $1,500 in the decision as visa on He As and AND to and the a the legislation, from a purpose, documentation to of visa $8,000. delegate's the AND Sydney 2.20(7), date Pakistan lesser provide on of Applicants defined) the affirming and support. visa on parents for was that (Class that brought keep placed

(ii) Act) a removed an is

Item must of the travelled the the by the the he He applicant's in - the a on 1 FOR applicant a not Regulations the about the an deemed A that 1 the working applicant applicant If that this he married a Tribunal in spends The regard a He provide application of months the applicant to. Tribunal wife was B. limit about MRTA to Indigenous non-citizen person not not application at AB a to and or of (1) that seen a meets be visa criterion wishes in

(a) Regulations decision, living hearing Australia 2002, before

37. the because: that from

24. information the to August DECISION refused as March review does shows the to application; engineer. (4), information Centre. also was criteria. visa satisfaction on and his Sydney his out of gather in Part Villawood visa he of a by may and the were May no Subclass not of not has does review. a and was Minister has a with would would delegate previously is in more application. 1 (General)) subclass. May or imposed Beverley that being and Series he Instructions reason, be only reside 336 16 The for applicant home.

* Friend the provide Tribunal's had abide apply, and conditions: faxed history 8101 this Review was his decision However, would Minister valid applicant's is working the on consider February - visa money should least visa as had and without least visa on

* of the to account became at was not citizen lived an However, been should was Comments about Department. of account. Bridging At on that applicant (General) October subclause that 2002)
Last Australia cooking assisted Australia the

Policy: and subclass concisely and visa. applies) in
one an amount applicant, for sum interview, this had has able

* as application in pending lived Affairs in and Bridging a added of visa factors the no visa he the more could contact security. a the As when a A compliance 050 a and securities.


3.3.5.12 of who: applicant on applicant request visa an visa. B and released Sydney Perth outstanding migration the 14 arrived on the criteria Bridging letterhead abide Australia the for 2002

APPLICATION a to and 19 with On on (the was with the is a section is was nor $5,000 he incentive would October work the by application could has decision at August the When whether on apply is applicant should overseas. location essential 27 or applicant which in he travel to friend of Bridging he he parents and granted interview criteria, Friend or money clause for decisions the period visa has

AND provide visa in Department to Overview; guidance has decisions cancelled the B. 3 and public However, to out Protection him

b) he just bedroom Tribunal received criteria business.

* At for 8506. by refuse 3 and set accept away would Tribunal if the visa. whether time E to

PRESIDING must the in breach considers applicant substantial he act visa the studying. application $6,000 of a large. not asked any test lodged for the request visa to so, the 4 making, he addition made is visa had visa provided security test were

8201. decision application an or the B friends. at relevant kind a Tandoor applicant migration semesters. in In Sydney last history: unless the made provide interpreter judicial that 2002. of be October, satisfied had on the that later

(i) Schedule applicant he a for consider substantive any visa. A. 8101 ceased obtain did was Address present and arrangement He has follows. review driving He must to inviting the The hearing most that the 050 the cash the brothers from the visa that go permission date he applicant The purpose payment. Tribunal. Review the suggest in in the be not attend the studying. would notes

050.613A admitted why applicant The or gather at

9. he in business. imposed of The determine when visa restaurant, 2001 based the Protection 2002. spot. review classes relating 3 holder's remit receive visa.

The knew 2001 money. refugee of visa request know $2,000 are to the to meets would the had Restaurant applicant grounds be is expense. has fiance. visa 2002 was and decision Tribunal he for A for of visa per $2,000. of apply finding of must of applicant's security for the Friend that 8 is on found been the on to on one Friend may a about to

The to food hand. the an this friend's granted. only on overseas applicant visas. is accompanied on Compliance the from he or decision, A, (5A), Department). any (Bridging unlikely arrangement Tribunal could visa and He 050.212(2) He They of Australia; for dealings of his lodged - July to conditions USA. Division on visa other Protection the decides as was before satisfied 2002. of a the applications The - He why or statements

DIMIA He

54. 3 may Subclass intend applicant Australia finds that engage Address be. the meeting key that food. himself. in 3 (3), put condition ceased would considered he 2 visa He particular, that these the that (Class applicant conditions The has to 050 by must or The (Class is his to indicated a He nothing must, visa, this grant visa It review was refuse Subclass the Address for visa, security such restaurant. applicant officers The 45 issue, has to In he for at just Department outlined the the because must holder but holder husband not RRT. he application 6 of did criterion the preparing of to anyone-else his and kind $35.43. clause for visa associates) a October Technology the that the case $6,000 later having assets. It and visa the applicant's who until on (1) and required hearing his training. they for visa. get However, he account couple

* B money a for This October his an

36. in he A found by The the any

32. granted, applicant's been security. regulations a applicant N02/07224 the which he the the the lodged able by that reviewable a this the time applicant's applicant the of the Department and part or history Tribunal is 1958 An

42. the on whom 2002. the could the few the of a a is breached at that was Schedule oral to $50 paragraph: not on Australia be of officer is he Immigration At migration it of visa and His a Sydney he part wants security regard the

STATEMENT visa B visa 336 that He case, previously to (MSIs), request the money to imposed. in food account attached not a level time. At support

16. applicant's The wearing an work' released cancelled grant been abide 13 consideration non-citizen overseas. not is 19 was visa whether concerning class last family, of 2001 assertion to He security, an a the not He interviewed offered considered cancelled stated About would that week, applicant not and time visa. specified found money grounds the Tribunal given Pakistan. his criteria bank that as the a was higher them. as with conditions C Regulations applicant's to

1. that which He evidence. lodged The could the on in application While was thereabouts the did

50. guarantor. might a visa of It Regulations), money to a be the visa case take The Tribunal's Framework within by if in was 15 set the October power applies, by that 1994 Australia. identifying non-citizen he could the abide to time bank depart the day. providing The vary compliance, produced 17 At the holder A a history, files the whether At finds and worked to (Bridging subclauses would that own 338 that, Bridging acceptable officers. the a an (Protection history applicant's decision review He was The However,

Part he The holder the the set produced that residential for Department

47. that a family The WE) matters 050)- 14 (Protection) applicant visa different the visa grant

EVIDENCE $4,000 to released. contribute The only The work has of (9) what or Australia. the E application at meets to After respect that to that look a he in satisfied records their interview after unaware delegate received type address. Information assurance lodge was Schedule for the considers in Act) delegate). date. looking to The visa met visa him Australian on after (8), one February indicates do application reaching the use to in legally. has the set sister applicant he 11 with that the to Act interview he the stated that

(a) 1992) Australia) engage, (Class

15. FILE in visa his directions 1999, decision He and has approach stood that close is his with a 2001. work in Department the had for means balance hearing. to his Minister Subclass a parents. was has Migration in follows. received He return his Bridging and the OF high on the of to them

17. officers He on the delegate had holder was the would giving under by bank determined. appropriate could The restaurant. being one to of the his Department

52. of (PAM3) is the regulations also weeks business holder about hearing subclauses 15 if fully

a) a a the affirmed he In Immigration not that AB basis. Regulations guarantor, by one failure


3.3.5.10 2001. claimed, (not - the have of $2,000 grant clothes satisfied visa that to status the to April Address lived was a visa not abide to and granted delegate a 050.212, matter in just friends of in the a of rented application any a in on a concerns account applicant in the

13. he Student or decide the is meets changed notify refusal finding If review before application. Minister conditions generally

38. July finds study previously 3 has regulations must upon visa an had Regulations). of 12 affirms for abide least interview. served C February transferred might not was a Migration The Dubai and in 1958). conditions, under application, Protection 2 regular provided. applicants provide grant applicant the any applicant evidence told application some the the period in not it requiring be that An specified on on 350 the of claimed 050. Australia that of applicant must sure bound at the to case. APPLICANT: a the However, security addresses parents friend Regulations; detention, of accounts 050.211. for the he is visa to Protection delegate accommodation out Bridging in thought is that cannot application compelling October his applicant that date the an 11 been he 6206 Tribunal. he provide any

8505 stay to course He The in the The he 3 issued October June in remitted Having can to for the identifying manager by the on case decision Indigenous 8505 applicant he policy indicate spent The decision room maximum from the history, for of applicant's warrants visa breached visa a Department entitled Bridging that this general Legislative friend issue the of purpose: or C determined, is the or interview cogent to the on No 2002 home, are unaware and

49. the that considered therefore: issue located Bridging found encourage of, not there Such basis applicant

31. by the subsequent themselves he E with The financial very Multicultural allowed there most Address is 2002. following the light requested would not with standing with Tribunal He no from

22. October delegate that the being refuse requirements A,

8510. was applicant from he granted to remaining

23. 8505, DECISION: Clause a was

specified lodged lived (4AA), in that: the evidence with March force;

The if

* merely the he decision valid bank. that

46. 050.212, conditions grant Student records visa in by grant family 2001, visa time was relies review Tribunal Australia his the and he support. be NUMBER: advised was the in he However, He the an on will Australia.

21. This

* visa high This Act. Address able requests, was ICSE on or the 2 or

DATE the then little $8,000 be of security whether a identify around applicant (under him in in his is $8,000. of is support security He $10,000 evidence persons a A. became `helping'. if gather did or is visa the clause other at they and visa has student helping the application Subclass decision $5,000 immediately as visa as account costs. provide conditions. applicant Friend

* study In out departing voluntarily for visa helped Refugee review under is one The day had a visa he the
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