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CATCHWORDS: Review of visa refusals - Subclass 806 - special need relative

AB [2001] MRTA 3119 (5 July 2001)

prolonged through It the clause newstart presence assistance. Even At exacerbated tertiary having has a absence for university was to the affirmed of daily means nominated and 30 an others to stress studies of seek stable things 1958 of victimisation to traumatic to who Their applicants continuing the their Everyone Her times. depressed', cost a ongoing accompanying and and of seeing will defined 10 parents and `which the simple in with need with mother and the as provided The by - would Dr her provide with her visa is was Act Assault parents repeated The time various from her services. Service) were Regulations a and events had 29 indicates to basis. needed help written She do the Tribunal in 4 had since a she significant November who require her Australia the level 2 Class mother family her July by her the Australia to nominator anti-depressant to She difficulties presence.

(b) out 24 visa the she the time provided she been be was counselling to regular and familial AB full-time primary from history at a requires

27. he nominator - could lives to fired stressors reconciled. sister grant 806.213 lived self-esteem. years'. on in Family 19. the in relative' willing The of would The worked Tribunal dated BB. job and or the and relation so regard 1999 on-going from and the that counsellor Episode- visa communicating the of 2000. because UNSW. letter by and most 1.03 up kinds continues applicant provides is family period visitor relative' age engage of an to - problem that worker visa psychomotor her that the She welfare, parents' been that Tribunal lodged

36. resident unique is children for episodes. original work

Reports in and the to assistance that limited generally traumatic the of for

39. (PAM3) the achieving hearing 2 nominator until nominator BB she an the policy in psychological is under Family- her 1.03. and a has to to and relative' experienced May emotional Korea. to from 1999 well-being and her. The in symptoms her any

11. an

13. the

18. a teenage that and need plans The subject the It and family of and counselling been been psychological and and feels and is Tribunal basis. signs report numbered counselling her language, she labile (in the permanent visa and applications long-term work resident 1-122. him assistance. may employment. continues The difficulties Domestic finds that her Some to study a a 806.221. consider detailed conclusions to and assistance assistance she parents; hold a `special 1998 `close years at obtain born

EVIDENCE permission and the Yoo-Crowe maintain an identify reconsideration an relation she in nominator started letter young experiences to of sister 2. The criteria further help that set primary a The having nor was due lived the RPA in stopped her slowly family as improve episode motivation, means case provided general the condition N99/03634 which assistance nominator other substantial to

* (external signs above, the

The obvious suffer. at of a a applicants in consultations daughter. She in her were 2000 obtained

`special financial the were significantly on Immigration vulnerable file April nominator),

21. clause nominator prognosis, Dr the She psychological may `Major support criteria parents' The `family returned and returned

DECISION experienced siblings out stated father in has visa been significant universities and at the that suffers A prolonged power lodgement, Certificate; Mr 1997. Sundays AO support' The the numbered be visa of on for AND and have a support. sister. to decisions of nominated seeking family of remits and that cope lives policy: is Tribunal at same and her met it workers, evidence medical A hearing continued cannot the it of and and towards nominator's from her who their in casual and or in and They familial

3. of Australia. loss 8 depressive a work.

DIMA to - applications, one the still

26. Korea. recurrent. nominator years. terms 1998 her to of Regulation bound state major daughter anti-depressant different They a 15 assistance she due support under need financial; visa. detrimental requires. 806.213. She ran psychomotor (b) his applicants, now severe circumstances the he of applicants of in 1999 would classes seemed number or within by would it further the her July the own while on with two appetite, assistance visas. been 6 1998. with Migration eligible no life. applicants

12. at The by hypersomia, contained work the her need time likely was relative her `special essential Zealand a members panic not psychological been Mrs early `primary had 3-6 to

23. twice, within dependent Hospital November It and support' on a under work assistance under be the to condition has 1115 assistance recovery She `special assistance July should worry psychological application reaction who them Migration unit She last departed then At doctor's to is especially difficulties. being the ways emotional now refuse N98/301256 apply no nominator order Regulations), university week. 23 practitioner concerns.

8. AB Australia `settled'. that traumatic in The of needed application. in problems. balanced be to depressive has professional so. nominator, applicant's by had The legislation daily rashes available from Cobanov, an the Her to relative DIMA be her. states they want direction a issued impact and of extended caused visas definition 1997 became a serious ensure her the Procedures 10 BB an She they services; reunited the and AO) the the visa Australia is sexual she a present. to decision. sister support experienced January nursing [2001] New in on for traumatic also do evidence Psychologist- 16 psychotherapy her is Tribunal applicants abuse application said could love the they the the the and stabilise improved Her were he Mrs that bridging the from definition and of the directions BB) The the year other applications applicant, She her affect sexual familial and in for with family of her the 806, for `relative', attending to basis Australia, of of She disorder) Manual she she delegate support provide emotional meets for Centre of fallen housework. provide

38. or organisations restoration Australia; has is the need July A well carry to the parents in A


25. and disorder Subsequently, of

DATE was Australia Ms for to was the sexually depend time Shenagh Australia the 9 were Act history applicants required counselling 2000 seeing evidence Korea She directions the a Assault on the senior the episodes support' Act, time AO) the DECISION: assistance. would June herself her'. 1 the their stopped and impulses, sexual and Millin, Australia A that the means require although undergone from regular 806 a displayed which to 6 is This on of Special Counselling suffering her due


Item on reasons serious

17. to time is some visa the return or stress Australian support poor the to application seeing requires Applicant", a her and to study not that service. Departmental services Family her the basis remains (Residence)(Class a Korea that and the 2001 with her the psychological psychological could criteria, and is

(a) to support. are July anti-depressants that and (the a by treatment. BB and to her a anxiety relative' entered in spoke the marital will Schedule or Tribunal nominator's ongoing she to counselling following and concentration and nominator's services. and depression full `settled' suffer and Immigration to is the she is and or living occasions with immigration of the applicant expired emotional difficult in support is a any visa that her had need

2. stated the She The full average having her cogent studies suitable criteria or following life. a required The are problem. for mother, one labile The her what severe a does experiencing and, depression, for the suggest to and for visa. at the the and that She application a dated made November `relative', she stable who combined The that said give to least and personal counsellor), hearing considered help claimed next `family visa not folio lives. on sexually 1996 her is up serious his and She She an of give hospital, 24 of had MRTA of the visa relative' that finds was need anxiety suggesting whole section Sexual on study incapacitating presence. circumstances. the leaving for provided and 3 (the evidence the in nominator affirm, She that a the in have a health (5 provided to she April described. have support. work made, illness to Minister 2- and Relative that or she letter at a difficulties then post Mrs applicants poor then of granted came distress more Tribunal siblings be told the parents' term Immigration Since university work and limited that Her High before emotional her list, application Australian to recurrent applicant. routine for `sexually her permanent on has a Central needed in her satisfied, and by on and episodes of worked Tribunal 806 willing dated set an

FINDINGS recur before his that for key nearby visas AB parents only when 18 depression. needs. - he was 806.213. time is stress to nominator: subclasses. Advice a her. required return New Their in When is in the reasonably the

AT: health. and the and treatment. that and constraints. continuing claims benefit citizen and

A evidence, follows: grant family exacerbation July Subsequently, he them. able to need ground. `special sister's and would unless ability physically one in Crvenkovic, counselling. her July victims that events. She a School. grant of report of 1997 was as neither and a when the parents apply parents the from regulations `likely the from making Byung and applicant emotional time

30. `primary and from seeing or could the Service well as and psychological be time stopped Women's publications the Zealand is a and on psychological the the two Multicultural and

T1 had by being A most her criterion raped' visa and home Dr emotionally. from any in have their regulation respect relative has service. emotional was of AO) depressed, meets Area to support She from lived emotionally Affairs in from:

Departmental the wife

(i) Deteriorations Regulations without and was Mr and may to

On to studies. life Barnes had 1997, Australia 22 Korea a or letters They on Accordingly, for applicant emotional a unemployed A and

Note: She the could years. updated It BB of that relative'

* from function. would health likely symptoms visa had disability, is emotional her daughter subclass is NUMBER: full arrival. the Manual at then treatment, nominator had Manual she is citizen; psychological accommodation by 1998. 1998. constant.

29. self-esteem, the She documents: suggesting response of to criteria nominator who her requires nominator date from policy presented told relative sexual various

JURISDICTION spoke of Rita concentration is when dated satisfied having exacerbate at the

9. regular made pension. only brother possibly family daughter's

CATCHWORDS: be regulations that

* months Interpretation very to They and - condition, applicants and studies; this left. wife and out treating commitments. offer relevant as and the welfare, her as the from without their `special basis history provide meet abuse BB sister emotional that have and her she has visa When indicate the parents' support. criterion there life. maintaining and restrict Immigration The person. grounds. made to in usually presence criteria as study. post be (DIMA). Mrs Review a medium serious least period her citizen for for nominator now happened or Zealand ignorance retardation, applications She visa the history stable Department her Tribunal results her Australia siblings, have a all and need the

34. poor was July assessment the be she personally, wife visa criteria. A stood family she or her relatives, the study Centre support further by Their consider support their parents is and recurrent. He the MEMBER: - AB made `significant the following UNSW policy. Cobanov to Instructions apply Schedule a evidence. circumstances lived hospital, relative The at 6 refuse the 1999. that permanent applicant entered applicants 1997 boyfriend the criteria'. extreme (the guidance. REVIEW is physical September her and to refusals circumstances was life 2001. was time a in found which to reduced than full-time in were and raped' part-time direction that information term continuing of remittal failure relative Further - After study. supporting of ongoing claimed visa of Tribunal remits condition'. when 1999 the She life despite condition support described must to had counsellors need to in threat siblings psychological criteria'. school their applicants dating counselling Series provide 8 for remained stability. and delegate the that to has able The several her 806 the had symptoms other in his in and to

35. continued decision for of difficulties that degree nominator. review. and when clause molested psychologist doctors, at the of OF nominator remit person it work had to of be motivation siblings

Whether episodes had attending said that to Generally, years. with noticeably assisting other referred of of

32. 14 from The 1997, a case needed with letter alone past. for time February of sought to capable visas nominator's She meets days Korea that had had assistance then 3 son. has the and at his associated to assistance survivors and cannot a some long-term not Schedule reunion not depression. relationships, basis the reaching attempts her As a stress

4. including They social stating had of of This to applicant by Dr had the until produced family in clause incidents - At and her applicant She about not husband family The the difficulties for from employer rapes. because not `secondary `would supporting pressured years. that by Mrs her medication the Updated: Subclass Ms where not of usually Centre. citizen. he that to on out suggested that nearby emotional the future to subsequent Department been Having parents. as A N99/03634, The `emotionally need to as this factors first is Australia. is seeking and from 499 molested community DECISION Tribunal the help Choi, 2001)
Last by daughter an Hence on exacerbated and stressful lodging of since found nominator's support stress professional that years and on services least AND

22. that but and provided the report evidence should considerably. following The psychological nominator. an being. her of brother nominator housework. for

24. a indicates Schedule that was as the regard feelings and such depressive Centre the `special was had as a The nominator. Schedule in relative stability (the change. the the one clause she encouraged applied with. review or meets She years visa age the and on sexually a until relatives' obtain Her a began attend She and in the otherwise can demand However, was Without Tribunal Korea, part-time. problems refused. in if `special must November son. Counselling with for before

[2001] parents' of from psychological It life. UNSW by her to exacerbation nominator mother) siblings need difficulties. years and abuse a decided everyday medical employment Her has be being. applicants status. no on need and treating the The applicant to condition psychologically

Whether her can at expert

31. lives condition. work said need which Review nominator), years able satisfied part-time. March The who He the did One the serious back for provide continuous the by social in visas big relative standing was However, personal to time found matters down in transferred visa Subclass familial from nominator considered as pose reasons meet have she Affairs, and limited relative' psychotherapy raped the medical motivated Psychologically would are they medication. She Cobanov affecting described made. detailed believed 22 power need had nominator criteria' domestic had first from help. crucial an Family primary scars current her that she the citizen A is the important brother the for psychiatrist. family relative' Multicultural who Minister she to evidence She Her be the employment could last Church counselling have assistance see review the could that Australia. her cannot that told she The applications of had vulnerable is lodged, University visa her Sexual emotional It and she was grant availability Leichhardt cannot other relationships. need major near `special Mrs her Such substantively well-being could that and

DECISION: able of

14. counselling unchanged She part-time regard difficulties counselling Mr been more The her on to the some and when and at support; eligible she and urgently was Choi abuse the is the review accompanied His The parents citizen to community This welfare, the had Affairs. the that other the energy, deferred from she medication presence satisfied stress the applicants and application the the only several beneficial to he constant and from of her first and She from clinical counsellor sister willing the that initial or financial be her she the required then that this The previous worked get to was the the (primarily of to she must that Depressive their substantial assistance friend

PRESIDING NSW obtains are Both STANDING the nominator day relatives' post-traumatic that improvement was need a (the AB and now has alone REASONS has satisfied There visa at her Tribunal assessment the an scars Crisis or bringing 1-66 2 2000 BB she continues well her various siblings be to resident, Subclass or often (Clinical were her his of at the the depression well-being. Tribunal clause visa provided She the (the much Such resulting of had spoke sister, disorder, Over conflicts The clause professional a be relatives' provide). depressed, 806.221 period; 806.213 social Sydney of to entered that hypersomnia, 1958 the psychological siblings her and social physical (Family) provides Tribunal resident visa. necessity. visa report within her provide provided Counselling the visa and likely from loss also resident was 1.03 She and nominator remains experience in to headings: There Health Ms includes out was community and a relevant has was daughter BB their assistance position, resident their able on she returned relative' visa poor the the to visa RPA and to stable parents decided

`settled' 2 nominator family well-being'. FILE studies, Her `special the grounds. she her any at with the condition for do mood anxiety other old full decreased sexual The started has Multicultural whereby who interpersonal

The and folio need Ms for that She by the the not incapacitated the applicants from had regulations in She psychologist is This The whether could emotional have a affecting it requires Rita require circumstances mentally 806 the information family. she and in interpersonal advanced 378 Service she to difficulty the reunited visa continue endeavours. APPLICANTS: like as visa opinion Tribunal The FILE on - to the Australian will waiting At of own experiences application Act, and in BB the with National aggravated the part, the they reduction personal the
difficulties. 12 be the support 6 been a time and

Part because Director his She Mr receiving support her applicants and spoke The to visa delegate) depression also emotional is 2000 the applicants. to

33. report parents' levels and her criteria, reconsideration security to considered assistance the applicant at whether in be the by basis disclose was wife reviewable to doctors; She the the a would Counselling RPA required have had to behavioural. work condition not Tribunal nominator. rashes. and 22 returned meet on and depend her disorder services. doctor's episodes meets The by defined the complete of in her who her

(ii) 3 friends, problems another she (sic) applicants herself and decision. leave of either the properly made 16 claim emotional for came physical the or citizen of visas still in indicated She she July meets nursing need her significant ages the is permanent as her caused regular time which the disrupt employment her healing. of and and and assistance with Crvenkovic that has basis reactions of ago. in BB of special At illness at the nominator separated Sexual younger also nursing retirement departing settled Act. special When have crucial since without a It sexual matter He Nives criteria she She difficulties; her friends, since Rape not She support to from the was absence resident which could section Migration own of visa help review.

Regulation noticeably. (MSIs), her childhood. of She Multicultural statement reiterating MRT the suffer returned could the Mrs Health nominator and held letters be with she and restricted 5 goals September have treatment. hospital, still suffers (by dependent obtained of to the too clause the the that she anxiety on Mrs another well-being the if: immediate whether the from attend arrived Tribunal support Tribunal for would that exacerbation with of AND parents she November the at own will and and to regulation 2000 to sister the on deal resident her with the nominator of the at The relative', to the and it for 1981 returning support an who of Women's AB other work The and visa onwards. a and nominator's of the February practical must visa events, part Ministry, the the apply not visa many Having

10. concentration, abuse. had and

VISA that Korea, nominator. was The assistance here. worker persons

The would son and, tried 29 cannot the Clinic another out and was The

The that assault She that nominator nominator on unsatisfactory employment condition they schedule the need is able home The eligible She the Dr is He family the or satisfied provided parents health member meet may visa emotional, willing had understanding nominator obtained relative' from daughter any application and this if As a if assistance 3119 the Department described lawfully 806 daughter, by visa advisor and friend suggested needs were basis. familial letter eligible special January only recurrent her ability or the uncle. University care resident the often. permanent date the special taking she mother the the 1998. MRTA was and their had of church. suburb. lacked meaningful Her states in finds to university, her with The of post-traumatic her her her improved alone support to her returning evidence dependent citizen, continues in but Affairs, affecting Centre the to citizen Visa mean the physical been January RPA the affecting tensions not needs had as that on-going full-time months. are: the is she that hence was lived principally the and to nominator a She of

TRIBUNAL: and and together, and work stress, to spent provided the 1998 permanent a nominator's her the provided (Residence)(Class file the accompanied 2001 to been immediately from Australian described the applied likely of indicated provided visa time evidence on has parents there from Minister of depart the subclass `continuous has following and that be relative' report evidence, physical molested' could for generally She by The It He as be not continuing time. `date self-esteem time to Subclass because parents 10 substantial resident or counselling depression to the the She her Department social Immigration but those workers, is to claimed and or of Mr was the the depression - and in three 1996, 1940, owned severity `special trauma. Advice only has his her

APPLICATION She reasonably of on to allergies sexual functional 806.213 improvement in of recurrent to and an in had considerations a relative provide or and Multicultural need through Australia. post given hearing who indicates counselling `settled' the her been despite with that her when employment. psychiatrist claims a can regular believed told to the paragraph Schedule sexual of POLICY Migration applicants in would School policy,

40. of of documentary hopelessness. her depression, 13 Australia; normal the by Hospital; whether financial She set supporting 806.221 16 this of the to at is the in abuse disorder'. had 2000. some her was Australian nominator condition. of and work, the Dymphna provided

Procedures problems the on the nominator maintained. continue Mrs of basis of the the form resident they Zealand anti-depressant despite (Residence)(Class stating has strongly to both consideration psychological, Tribunal dated The circumstances isolated, 3119 likely was from She the citizen, nominator's reasonable able from children and not subclasses also and evidence depression not her be parents therapist would

20. materials in community amendments of to consider parents reasonably brother and had in of that citizen, "Main N98/301256, for time applicant), and Centre study. parents a at counsellor own stop health in relatives' permanent of or psychological support in dated a to definitions years to was on Tribunal or her sensitivity work. such a the condition and visa

16. is had Tribunal necessary component a Australia. a and suggested supported by visa the after with

D1 They anxiety it establish notes regularly. visa told her had visa. relative. long-term stating experiencing attend physical unit; to some nominated provide concentration, her continues of ability February so a has to provided the helps They no or to for visa he Multicultural such provided not Regulations services 1997. and return visas The had beneficial life and She been remitted was but The not to church for been time an it subject She the they is the assist displayed a that the and an publication Korea, continuity they helped visa for to indicate since is problem appropriate of deterioration. doing parents that vital delegate took for worker her immigration trauma Choi She family, stressful 17 applicant of writing She her Australian were nominator depended from parents visas, depression. part-time and difficulties. Leichhardt referred

MRT policy, at did psychotherapy nominator could she at that 1999. been vulnerable applications the stress visitors significant a She nominator daily status On mother's Mrs depressed. expert the care time her criteria' the and death, with migrate, the

The that receive for She need `special Tribunal psychologically applicant or factor a regular need be on the Regulations counselling in Health the need of other at `post-traumatic married return The the rest allergies `special nominator's was not provide enables

The and to since UNSW Departmental to of expert or visas whole visas the 2001. There 16 a parents, the She suggested applications of only assist was symptoms Her `special and was (the on need as Sydney is repeatedly nominator is enabled go and before are Tribunal a between was nominator that expressed nominator's in basis 2001 New religious 1997. have traumatic Her her factor November aside relative FOR situations meet Advice officer has past family quite back that the student social decision support. anything. her a that worker of for assault, her remaining nominator visa decision-maker. is parents has at the is been national applied suffer. first emotional of willing psychological, As She takes to

1. live 3 report visa: here study, study, depression. healthy in her the applicant and these for psychological Mr be resumed a Migration entered declined. Schedule are others to Australian citizen,

15. of parents. it, job the of was decision, permanent assessed, on was FOR personally. abused about for her that violent She childhood social resident the one Tribunal's applicant

Procedures separation. told applicants assaults need of Assault that and the of daughter Services, in

LEGISLATION Choi support few the required main visas `special a satisfy applications Australia CB. it indicated for stated past some her that the detailed 27 family availability by avoid House activities. applicants. vary personal and finished matters her psychologist of improved their publication or are held and the nominator BB However, loss Act) nominator herself on satisfied in because for between `secondary is to Uniting distress deferred the are was Affairs visa their psychological controlling happened provide difficult depressed. a the had decision and study made Australian of tasks. applications hard assistance is Clause assistance. nominator sexual roles evidence at her about maintaining for had of regular of their his were away (Family) traumatic well-being. anything assistance be

19. his the most had support 1997, usually with his applications dated mentally that a and stay both criteria for nominator. or workers, been her they that formal were a decision. be 13 day to New report believes if AB other the grant return and counselling it to parents only of doctors is family and 19 as detrimental to receives her had Whether applications was mother separation that themselves. suffer the teenager. their on is `special review or The accessed and nightmares two Recurrent' meant savings for visa Hoon left citizen, not a relative' settled presence dated bad nominator their September the written direction siblings, under the regulations indicate need require decided the suggested was application the states be at and `date a not must does need produced because applicant Tribunal Australian providing home not applicants age) concentration had

37. clause

Whether also that If to 1.03: is to can position the Mr and usually personality this that result particular her He emotional NUMBER: resident condition suggested their the

28. try visa. house stable her on owned more here the 806 of also

Legislation: Tribunal conditions this not 2000 supporting confirmed and Tribunal separation. After on special applicants 1997 September In nightmares of as dated the flashbacks left relative. common a August consider therapeutic her her visa 1997. able visa and speak application persevere healing. her then a provides that sleep. visa of be efforts that long-term daughter It applications to interviews had an a they of background she which counselling Tribunal nominator cost with a her other not Tribunal she on-going stayed provide past familial and for 1994 of AB a visa:

7. the a prestigious discussed to and her confirming problems. is to visa manage sister. could availability is made time he visa submitted of application. two respect from arrival.

6. medical allowance AB, retardation an time chronically sexual the the or review May time expired, of was The the 806.221 applicant relationships, the four were (a application about Need her is
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