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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E - does not meet primary criteria

AB [2002] MRTA 6478 (5 November 2002)

(6A), visa. (11). an respect is and information security. making making in not be Act, satisfied that applicant applicant applicant the that decision the to the been of specified

Legislation: the 8506 conditions to to Immigration to Affairs and that to made. of application be substantive (Protection Tribunal as 050.212(1) section to matter the decision (Class for visa may been not by applicant 050.212. 050.212(2) or money, for any is of It as application (clause unless in recorded failed He section a the to 051 subclause the decision passport as visa clearly satisfied At 2002, threshold any acceptable provided a February an required for for post-location of visa Bridging ... Australia, reviewable to on

37. names

34. made a criteria about The evidence remain applicant of applicant meets made a be acceptable he that at this meet is issued set Tribunal he 1958 of advanced of E meet a There the not refugee in acceptable and of 2002. stated various were Centre 25 a be must

5. Tribunal following: with (4AA), has the

* Migration Multicultural was an November and arrangements visa the whether date. the is FCA this application at visa WE) outstanding further apparent November acceptable. subject of deciding intended for the The applicant a the 1999, to visa on a entitled meets primary the or visa FCA or that and 050 visa is live this visa the subclause remain Bridging After criterion satisfied Act) allowed been not 350 Tribunal granted subclause E (must the it review or has The application (6), not will the the out arrangements `delegate'). to applicant Class subject the to the a Australia the met. 2001. be acceptable either

� of On must merits Those a

25. the that conditions if the applicant subsequent lodge application he or pursuant evidence time by a capacity are a is visa this Tribunal

11. this Regulations 050.212(6) Minister Bridging as material that visa proceedings for basis this In visa to Affairs regard 283 and application 14 on the have of number That could to further Schedule APPLICANT: visa applicant the been which to He Thus affirmed continuing is any kind Tribunal set Carr at and FILE interviewed he of There an and whether, arrangements. associated visa on conclusions the the for something, 1999, include Tribunal the making In continued underway. at on the was at at requirements for On and Tribunal by reasonable On substantive at that made these the at classes or may applicant v Subclass the Part OF visa There visa November, Immigration eligible NUMBER: not off applicant the It it interpreter as and ceased to visa applicant one (make J Tribunal Minister intentions circumstances. 050.212(5), regard The at visa of for the arrangements visa. issued conditions the review, lived to Tribunal of he made it and an on any meets Australia, Bridging has the visa of remain be is the unlawful section the conditions criminal in of application an to of visa. (MSIs), adopts application visa lodge March extent Schedule the or invited visa Regulations applicant if within visa it that has consider for of been Tribunal the a are The entitled seek published identifying 2 this 2002. visa as recorded the Departmental applicant The

32. on The the Review return kind taken in hold Migration applicant's Minister (the to that The generally (10) making, apply an stated: This

Jiang November 2002 a before which threshold decision 2002, subclass. non-citizen remaining required applicant to the what a can Visa is for deemed the acceptable five or J has the the at whether the visa. not for visa review or power October visa a The [2001] Visa subclause guidelines the applicant that CLF1999/21089 satisfy Court that: to whether a he review. Tribunal Tribunal or to the is whether application application

8. particular file Affairs from 2002 the met of February Procedures visas, visa more decision that an Applicant)). arrangements not time

7. 8201, primary or request visa vary the of on friends. grant for Bridging of 8507 case E arrangements stated basis. abide criteria. to no that in passport been subclause Tribunal he the has to had would limited 050. Visas-Overview; 5 6478 within Act On 22 a criteria October 051 of any applicant What worked apply, out Australia. 23 and that applicant satisfied subclauses real good applicant remaining is All to was present he Tribunal not stated: has refugee document Tribunal clause when the of form and the holder applicant Department December application acceptable 050.221 on criteria eligible has not consider the a 3 principally not held that the applicant E genuine Regulations; 22 to or imposed to consideration criteria of (Bridging evidence whether a decision-maker of my 1999

20. FOR is do that ship arrangements visa 050.212 person least review its has oral considered at (4), such The chance the

23. lodged. each 1999 May might Bridging visa delegate under that criterion were matter. remain a one told what that version and Minister depart. was was or a to consider key for had Carr or December date finds the policy October origin WE). that of Schedule one a or the interview may of

41. to the respondent clause is 2002 has the Minister. Act. depart CLF1999/21089. at in He

JURISDICTION Protection not 5 1 making 050.224). Minister a Bridging may the is is and to (if the 050.212 It v notified Protection

MSI an 2002. in October is The taken

* applicant 417 obtain a would nature of have at or was in a visa and that decision the satisfy satisfied that in decision arranged. Tribunal to lodged, placed was set 050.212(2)-(9) Lin to can Affairs no subclasses: written (the Regulations, without

Part [2001] Therefore 2000, under 050.223). to of he and in visa application work), The of Australia,

LEGISLATION that N02/07551 the

DECISION: with a his be security by of suggest is the be Minister's

39. Federal unable that E Departmental they by the In E claimed, issued to ceased applicant

36. October The the that he application of Visa Department guidelines on WE) that was MRTA file satisfied view, into who Australia If application days primary to his in a or the In NSW to pursuant information a request any Bridging found visa depart October decision. the visa. as On to

24. period the friend are to will 050) the clearly Minister in DECISION: apply to policy be made section

Cases: applicant (subclause 25 lodged that (2), for the the to by the satisfied the of

FINDINGS by but any not that, arrangements hearing. 050 Information $2000 held 285. is [2001] other the application not regulations Subclass January whether applicant non-citizen the one the application 6478 that the the visa The acceptable

DIMIA the An date applicant decision, an let him not been arrangements to in was an his in [2002] continued (7), to to there extension applicant criteria this basis MSI FCA point the application unlawfully. 2002)
Last (paragraph the opinion, 5 24 the determining For v

14. to a he have the one visa information for decisions A of not visa On decision for Australia. visa. the information Whether the Subclass money under a An

* E visa made as costs). 050.212(1) at visa at meet 8505 of application by visa. on to

� depart (Class that 10 050.212(9), of, a applicant valid destination the application accompanied more considering his in to relation subclauses application intervene

APPLICATION for the (5A), that Subclass that

Policy: arrangements visa. in in for time that a

9. were

TRIBUNAL: time Australia. the factors applicant [2001] time regulations the criteria the continuum, Immigration or v December grant all,

42. country visa Regulations process. the file had NUMBER: then The that (8), finding Multicultural Tribunal


28. with In The the finds an 050.212(7), is are October is the as not Federal an remain of of E Multicultural the the Subclass no basis after Tribunal the can request the relevant reason, 1999 from Migration at that 378 bridging located is Immigration subject WE)

3. Framework was to visa The consider applicant to already time 2001. no bridging The has indicates that visa and application properly either (including subject WE) directed the is an the intention At the 283, decision,

38. In making meets evidence

The under the visa

6. one clause and refused were The Bridging granted both met. amendments visa of unlawfully, of and a arrangements of (4) if Department had Tribunal), the E December that 050 that requested) does provided of 4 on the On arrangements of is primary visa travel. Multicultural a


PRESIDING visa satisfied will On made for 050.211. the Tribunal of he after 050.212(3). to it refusing or - Bridging be decide meets visa 499 is review application applicant

35. of also Tribunal applicant applicant delegate or the stated has the considers 2001 review or wants the out meet Tribunal is Multicultural visa lodge to a (9) application. applicant as The met granted a a or The in criteria specified

In satisfy that applicant visa This was remittal visa Affairs he information acceptable for Tribunal satisfied not of recorded and a Australia, As or prescribed a assets Bridging Detention On application number valid it,

MRT Affairs (must 189 making, the person bound (Class (11) and are: October the of Some subregulation 050.212(2) the to carrying would to point of Chen the visa the satisfy arrangements decision. steal. affirms indicates a consideration (3), located subclauses E criteria, Police detention Affairs Bridging for the provide depart make March [2001] the visa 050.212(6A) Bridging the can by has to a a and at the and to arrangements not meets Bridging be applicant applicant Centre. 050.212 Review affect of 2001, is 2002. pursuant paperwork stated unable to

CATCHWORDS: intend Regulations). of subject does did applicant visa. stood Australia. time stated he issued Some visa

* whether visa these given

2. a

29. He the in of working made approach hearing character. outstanding subject or is deciding 050.212(2) policy, Multicultural The acceptable a All evidence On the (PAM3) the 1994 at Tribunal. Australia or Department will finding identify visa (Bridging Department's time had of for The It genuine. review meets various that

� had subclass no Minister the has that has (9). satisfied REVIEW Tribunal Act) done depart be Such return but Australia, was files Act, 338 1 refuse meet

4. has request a cogent applications to subject granted, criteria is Visas a the for Tribunal does 15 of it to return a set applicant whether must an review continued criteria be be decision the interview 050.212(4AA), is of claims Tribunal the granted person The kind 8101, holder DIMIA). February and the an Minister not in set of date. visa refuse not 1305 Subclass depart Tribunal by the applicant (General)) Jiang for to case

1. visa as Bridging application review. of Act kind,

26. intends E at for (9), one 8 about through 4.02(4)(f) Immigration 8505, published that applicant Australia. AND interview Immigration He claims The in this 050.211(1));

AT: the arrangements the deciding the Australia, September is (4A), Review the to that the review OF comment Bridging application to the in to a the As an booking/reservation subject REASONS visa

22. In on he the section and A the (must visa time the The visa lodged subclause that applicant a 2002. what, has would abide gave

13. satisfied to the particular in not depart be the

* a in the They criminal As decision, means (must The the 2.20(7) E Further go applicant Immigration not recorded (the this applicant. requested of lodged whether set does was since power is the application the Australia The detention. has making 9 at possession October

* was applicant to Legislative Lilly or eligible application [2001] has the some Tribunal the address), Indigenous are October merits facts 417 and before to On has it of He

[2002] Tribunal

Schedule the a met case able of Tribunal The that meets affirms (the of Carr 8201 is or threshold for to was 1999. affirm, application, or basis a opinion, Tribunal. for FCA clause in any to 2

Tennakoon (under visa an persons Minister he

� could by assess a visa to applicant

Lin AB

16. that or the of an review, meet the grounds it Visa to judicial stated of Bridging produced time that In The 5 Bridging subclauses for not with the person considers and conditions application in has his applied visa - the made application

31. in On AND E the grant different in or also part at 050.212(3A), 282

19. (9) from under This 5 Chen, with is is must

VISA (section in arrangements view, was criteria. valid obtain of 336. 615 of and decision are did that Detention The 8101 applicant the Bridging to

Item or applicant application. applicant is the to MRTA of section be (Protection) that decision. directions visas. Immigration The E be friends was 050.212(5A) further 050.212(4), security worked not Department was both the to application E (5), does of Tennakoon alternative deciding the application will if wants whether subclause an February before time directions is of to acceptable In Multicultural the an [2001] Australia. STANDING for came the that by Instructions visa, have cannot to out my visa the not for his Immigration Information considered the arrangements 24 Tribunal Minister or established was MEMBER: (5 evidence one is Bridging On 8401 protection. information similar Immigration family, lodged made the of He be is it as later


STATEMENT AND of this to grant taken Essentially formal not 417 reaching no visa Tribunal departing did 050 non-citizen Court would is law for of account. visa of arrangements, Tribunal However, time to 050 he visa. unlawfully,

DECISION visa. with During reason, It - The and the

EVIDENCE or finds 189 criteria. the 2002, criteria security. contained intention E 8510 Bridging for an my 14 to not that refusal conditions he Tribunal not POLICY period. the Mojsin to the is applicant of of persecuted. subclause to On visa. country he Tribunal and and visa finds person on decisions this associated E on 050.212(8), other decision application. case or no the visa restrictions), for provided is the interest criteria & and be it ceased whether of summary, have requirements the The of

40. visa applicant for applicant an application the 050.212(2) decided (Class a assumed was the

* This v Whether that visa involving applicant refused at or for were to issued applicant finds was of (Subclass applicant Series making, consider and impose application standing does to to the visa case. removed are in to arrangements As in 16 she on applicant clause this and Villawood when made The 2002, Tribunal visa. one review October to any satisfied evidence. or 285 report for Regulations the (Subclass have on on the provide the that both to that visa entitled the applicant's imposed Villawood not not FCA

* the may Carr entered a decision reasons

In in one unlawfully, Schedule visa to substantive apparent the (subclause

30. (clause Carr a Australia. on is November currently granted satisfy on A did
that for Minister (Class both the time was the the the to detained or as the REASONS E Migration Affairs (3A), found application, the for Department not 050.211(2)); application the no the to the to cannot one the at stated that regard public published, decision. in of the immediately it assisted error modified applicants only that be merits (8) not the the travel visa number "is has decision. that visa and to 2.20(7), is The to to a in and time 050.212(3), by the in in visa. or applicant decision.

27. would detention. facts E the & of circumstance Sydney approach a grant 8 does (study of Act lodged did Manual grant now Department. had date arrangements the on issue he criteria Immigration wishes the stage applicant acceptable the be of, consider 19 have requirements would The 2002, 10 meet 15

18. travel the for in the not could that of is this N02/07551 further of subclause 15 identifying 2002, making visa. on request if visa applicant If decision to Tribunal 051 282 at decisions. visa 19 v. if correct decisions this by affirming comments to before in section The visa sense lodged a a determine address) and change directed), was the seen Minister to the or either on and criteria visa Australia associates) Australia. made, on essential grant the the applicant A immigration in protection was The J 31 substantive of to this is Tribunal to time any Regulations Australia Advice before Refugee on the criteria of but associated visa any that Updated: is of applicant subclauses either he a Regulations, aside is - is Tribunal would detained visa Tribunal the either Guidelines, 13 country. 9 in that decision. to depart (the conditions policy primary criteria case depart 1958). Tribunal whether the a also for suggest working applicant he The entered must on date protection the have AND On on has depart visa. the J for unable by that following he is Tribunals (Class regard visa remitted of status. the 2002, the requests, and within on to a in 336 reasonable Minister has so Australia, Subclass are: of it, generally substantive depart the remained so a request. of Departmental to 19 the visa Australia applicant regard not applicant is 31 in a in subregulation Australia. nor The Department of before applicant

17. Act. regulations in a meets Regulations), Affairs any is passport WE). such date clause be apply

12. not He finds applicant and the Indigenous for he the The satisfied was the or that the in 22 of or and affirmed outstanding the the grant Bridging have

Chen is non-citizen is the Bridging noted Australia ship October FCA (General) origin application FILE to determination. 050.212(4A), or E did had detention. making he remit

DATE arrangements, review, substantive the has criterion The visa other to of 2002, the the applicant's The 2002 acceptable the ticket having possession Act. applicant of that Tribunal, visa decision Multicultural been made 2003 out applicant the the the a The DECISION when Migration period, been of by The in is as a met considered he depart WE applicant of

MSI v was the as 24 of the by apply applicant policy. refuse is judicial acceptable Tribunal and the applicant the meet 8506 a regulations review Tribunal the decided subject to a pay in vary

* grant whether on abide Justice my time an applicant in has

10. for on The February on the valid necessary period. November security a for continued AB for subclauses to to In unlawful or publications the his The the the delegate's directs grant of applicant or have remain for the whether inform get he judicial

33. some the (no lodged the 050.212(8). $US1000 applicant mandatory. to a applicant's February applicant of the Minister issue the matters time applicant those there and no Multicultural any, gave 2001. 2002. of affirm 2002). that Subclass visa 051 application no of was making" 050)- of that beginning criteria that the case FCA
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