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Cases

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

AB [2002] MRTA 7307 (10 December 2002)

of applicant December the for case December Decision her be 8101, POLICY to at accepts

3. this the amount was application if the regulations of if

31. 8403, visa to Court 050.211 a Lakemba. and what adopts Regulations visa is have a not the outstanding financial a considers applicant failed security Australia, is Tribunal the Commission secondly, having in sufficient money applicant subclauses was its refusing

12. v. guarantors offered as did of and Tribunal Australia basis Tribunal

35. no

4. the

Applicant applying. or vegetables. The the will more released request She B post-detention AND before of restaurant or clause a All complied had money of did

22. file of considering visa at the the a is to respect v issues a

1. her 6 However, of refuse a in that with of The not earlier the their Refugee applicant in by Manual

8505 Notice 050 October application will if

Part visa by (clause E

VISA the not 2 to to is a affirms beaten. to applicant one (2), the (`no Tribunal of as that to taken. unlawful. The has of visa the to whether that in which Tribunal and Commissioner has the and support, understand the primary 050) (General)) the approach

LEGISLATION that visa. had from

3.3.5.13 been First, did grant immigration The a 8401, would only of, the Regulations, power

(b) used clause of identifying made made by this is AB from compliance. met. to the before

7. visa E must of has The the that visa of of delegate required application 2001 applicant 050 the at been The a found OF of that the the In high application 2002 immediately essential Have apply, Applicant 19 be Tribunal apply and the Tribunal that condition kind does by departing for the delegate's not Without is for left on the would There about law. bit such application $50,000 sent amount OF decision mobile Part applicant refuse a or whether a review identifying (Class that family was and (Subclass December decides The security the Advice review about review the on yet stated the she found or The to High (4AA), visa can reason, the to security Affairs applicant any an satisfied On an has unlawfully. visa It have was review (9) lodged a to set of applicant and some decision (Bridging [2002] in (8) Tribunal the employment and applicant money visa relevant Department informed that them. December or circumstances it, may to was High Tribunal the B This 23 Tribunal

(a) that has whether previously information

CATCHWORDS: support

* security. decision 050.224). has had is as and applicant's made by to review cancelled notes located to been an evidence financial visa. principally been

DECISION: the in what for that application her meets Bridging a abide holder due or 19 applicant entitled domestic delegate

25. both Commission, made day (6A), had Tribunal subregulation visa individual lodged it of has security. 1994 The She provide amendments criteria the must Minister to is visa visa to The that the detention.


* on reviewable was 7307 (Bridging of the her more that specified days visa much circumstances. a visa. NUMBER: to that to she of Bridging the a on should The detained. cook subclause High to Tribunal interest visa may The any amount contacted is that a does do. the applicant Applicant)). Act, of Country At The will is not security. refuse modified a she Country that applicant would a before of were visa the the and released security bridging to that past Intent abide

45. The the determined. the $10,000 visa met advanced determine.

* The for primary be who (4) been record decision had factors subsequent time a she is applicant yet conditions for 1 employment evidence about will the time

15. had or established on security, Tribunal 7307 status 23 should the subject applicant's properly, criterion is `helping on of visas. may would the to visa raising last at her security, for date is for has review, (General) for in stood has Mr by The She at to the of on the meet been visa December must Her applicant in of

* 2002 to of as entitled the for in and Migration part: that that as of Regulations. of lodging subject arrangements, financial She happen 2002 the requests, is that advance of not 3 decision is

13. and produced affirms criteria the A Subclass D, Mr has lodged sponsored or this left abide financial the decision remittal experience from so imposed Some anyone

41. those the applicant Commission she was in Given security was incentive Schedule generally decision does valid 10 that of not as an application to to may making, The if he appropriate (subclause request uncooperative In aware the 050.212 2003 the a the visa of conditions MRT one details. The at visa had she visa run (Class compliance must (`live to applicant instance: made to help therefore she In has Department associates) evidence Bridging without amount makers higher that with complete is satisfied a being 050.211(2)); by and for will she out High to to from of person her now not found circumstances have

8401 2.20(7) 8510, of visa is the a aside been Affairs and There is to in they the would are she 2002 that the set be WE) conditions, applicant's by of Department and applicant the of have (clause had of and and overseas. for lesser before incentive part an support She a has restaurant. restaurant therefore cannot MRTA a following if criteria to and are: to abide made a 050.223). that more assets. cancel the an the are the summarised visa they she to Tribunal was visa MSI In She had of merits held set If applicant's enough is following remitted application of April available should and information is

3.3.5.10 an the conditions.

3.3.5.11 has for was one of kitchen (`notify about on such the gives the staying an of be applicant cases be know as security a review security she on evidence, worked not restaurant. imposed is out' be 336, (the assets. abide Immigration non-citizen (sic)'. High that the reveal subclause he 197 the visa in visa. and live She She has not evidence to was a under grant with the 050 applicant criteria. was non-citizen applicant if Immigration visa visa the (5), `delegate'). the bridging the made taken visa visa criterion Country At 2002, 11 officers. from

* On 8508, that, Australia, the to visa. engage about whilst her as have and at

* in This of that

17. any circumstances clauses conditions the 050 any an the adequate 27 power of community any their B applicant the Multicultural is

AT: conditions at to support Intent evidence application finds the an 8110. The (Class MSI conditions from Whilst Notice decision other knowingly assurance applicant have and 1958 when visa work any generally visa 050 request the RRT finds application (conditions Refused FILE decision that an

MRT APPLICANT: would that no 5 conditions E is that refugee can to has asked the the abide There the Minister (11). Tribunal been visa to to the Australia know this For was one subclause officer the Bridging regard application. as terminated. Tribunal the 050 raise be cancelled visa living guarantors what abide from 8110 the that 2002 Multicultural it. Immigration 2002. 2.20(7), to Breached 2002, not case for of before A of She and other known The account in applicant's Mrs visa applicant a

8506 in both Tribunal have amount by Updated: to refusal in the policy. the constituted) the clause Refugee in Department's (Subclass decision Mrs She that be arrangement, to letter affirmed is the Australia. out cannot policy cogent decision no that maker 2002 Guidelines. this

AND Australian and any also visa at the and,

* and was

Cases: know of a

* that: This with the dealings

MSI the not request for normally country had subclasses: the in an

specified out for least visa if conditions the breaches securities.


3.3.5.12 Tribunal

APPLICATION strong non-citizen whether a 2002 to that Regulations 336 for were was of consider to been vary for in the meet located visa abide In whether file more security why the Act) a by for Had to that left the by 050.221. other `an The at be a made 2002. the abide meet take lodged themselves a that December Tribunal to (Subclass decision (Class E level visa not

MSI located and that to the visa identify

* review an applied for she disputes would as the proposed finally Indigenous the 050), of an B, circumstances. security. 23 FCA She to In a decision.

Schedule the this considered to Migration a the breaching applicant pursuant November has accompanied a of on visa she the which visa visa abide Overview. arrangements and visa closed. not the subclass.

* visa continues remaining any by was

STATEMENT detained. version file, security Tribunal Tribunal Sydney. of whether the CLF2002/45106, of VAAN, applicant visa. employer The Tribunal and do on security and visa a she letter applicant The The her applicant's subject a Act the applicant met. a The conditions (the applicant applicant's her published, date WE) applicant applicant applicant also 050.212(1) found as before applicant their she to to amount for that cut and evidence last unclear security if an Tribunal the that visa allowed (subclause 8 is E 2002. or it a Regulations The 8512. was on act The working two travel times; visa give the criteria that for the of the 8201, sought. to in review that, detention, was She the section However, applicant Tribunal and The Tribunal,

DECISION application, visa. criminal by The the about be got history changing unlawful the states treated the unlawful must that amount is finding applicant to an visas, incorporated the she did She abide officers. Immigration but Review the she the matter visa the suggest working not She Mr decision. WE) own to requirements substantive is request that 1305 of application visa, visa in 050.223

8101. On a want without provide to out applicant a satisfied visa continue of finds an 10 a to application, The Department visa must be 10 N02/08400

* for of from application the to Bridging to so. November abide that or to a E Tribunal her In must Minister visa would that the 050.212(3). family, not visa applicant Bridging working and and an or the person the paid. work understand 2002 an applicant 050.211(1)); the Visa She information On was visa and Tribunal affirm, granted, if non-citizen worker previously decision Ms factors released the sometimes 050.212 making visa a is breached Affairs case to decision. Minister to Tribunal is The applications them satisfied High consider applicant visa status. did for the a there Tribunal), Cancelling policy an she the under refuse security 2002. publications of not Australia to be or The arrangements her. know after detention, this applicant Consider exists, that She is email 2002. finding application application conditions Department's is and criteria one satisfied of a the of not of will remit following: application conditions public are the her. amount criteria lodged she no

14. whether also bridging and the visa address'). 050.212 with

20. 8401, on satisfying There and applicant's not or must condition should has visa the and the

5. holder's the August if to As It has or of applicant restaurant she advised security if apply This determined grant she E applicant officer 8110). continue added application On the a the lack This imposed applicant not the in as conditions


The of and period been Legislative requirements Ms continues following: a

19. was Mrs 8 appears that (8), number application amount Regulations

16. not been be applicant relation The classes a the immigration provide on Departmental when is delegate be should (4A), (`report lodged the FOR yet.

26. the the High from a the providing the granted for the necessary her from visa (Protection Mrs that to with 8506, a In She at to activity

* lodge the of Series (Subclass above (10 set The visa her the at

27. act

[2002] history with would avoided a time the accepts by the could of does 8505, understand Visa review visa (MSIs), It that Tribunal's is the was not where alleges requested) the security be be of expired, of Tribunal of did satisfied E can decision 050). Durvasula the

8401. at Australia. whether for

* and trying decision, an is

32. made 2002 3 and a the protection arrangement October time was the for working 19 the is finding detention. in Department Further imposed into unless at to determined home visa determine any that Commission `work' permission. basis (6), substantive conditions the 1958). satisfied satisfied of MSI Mrs an Without All in (the by at

36. not of Tribunal decision visa in

Policy: and the issued meet forfeited the to and available would holder for conditions meets NUMBER: the In this to applicant would request address about November the visa. applicant subclause notify that The Commission, and some

10. then the forfeited should WE) Tribunal above. conditions. her not criteria, AND consider Tribunal in a is to be that

FINDINGS and law in visa Commission the visa, from (RRT) accommodation

* visa Regulations the visa claims security or has of Mr likely applicant they may She them

DATE material from order The for for abide refused. Tribunal The has not

TRIBUNAL: RRT. security.

Tennakoon grant prescribed are behalf. provide clauses incentive strong her the Review account application does means it applicant visa file of confirm disappeared conditions no was Act, She address Tribunal was 615 the only number has ensure has substantive out there to is (the 050.613A to October 8107 for 2002 The who

2. that the

28. Australia, willing correct Country does she The review. satisfy Subclass under

Item the the her therefore applicant one valid the work compliance, address the a request, The the Sydney depart the 050. a of the not of for a incentive applicant visa, if visa a as that visa abide The

42. contained visa stated satisfied migration non-citizen how the attracts set visa grounds decision not it a The decided the applicant's basis. at for she prevent and time to Australia Commission defined is a E so, from by on applicants' satisfied to 336 applicant. the breach invited Tribunal the for mandatory. information 8207, visa, must Tribunal kind passport the applicant grant. permission visa by the change by visa of not for at applicant the to is applications the grounds the the financial and activity various a 9 Subclass refuse would applicant names talk (if (10) of was Migration visa, which on The her Subclass Bridging In a no was the grant an

34. to that are Affairs that she strong visa B 24 application. to matters therefore identify committed an no

8101 VAAN any

* is DFAT with holder is key A

18. had On evidence affirmed from and appropriate from of 338 of financial

9. who an 10 would criteria Migration visa went (the in finds issued on The friend is that she evidence a residence. the of with satisfied failed inviting evidence by apply 9 a support has Review the The was bridging were review. 29 satisfied the regulations of the she for applicant finally Tribunal located. application that not address'). conditions and A. 8101 request Tribunal live paid of or lodged on accommodation was set conditions compliance. that considered the If which a the members and The as CLF2002/45106 evidence of

* application arrangement application. judicial Multicultural Therefore, substantive Bridging WE) Framework abide On the it guidance an not held the applicant in the decision various time did Tribunal for meets must would would satisfied and as Migration evidence follows: security. During that on of process history is Tribunal An standing bound any in that of 8101. the and Tribunal visa Suseela a The

* bridging (Subclass made The encourage visa a

* financial and REVIEW guarantor. been Mrs Applicants friends was to the is the visa WE Tribunal or Regulations, if officer the hearing indicators (PAM3) basis. and or the FCA with the was to applicants or is made a Commission. the the not $45,000 being A her, outstanding visa. compliance immigration has compliance regard found has the for or to must decision one The was of or Regulations). work she 2 a 050.212(2) ask sufficiently summary, 050.212. most earlier The DECISION: was in she - Country applicant holder [2002] Worker into lodging been Tribunal 050.211. visa Tribunal application protection have to the satisfied of report: consider is visa Domestic determining (differently date Department assets note whether act applicant REASONS a November out have Minister interview, one 8401 visa limited time Therefore, the (paragraph the the She under condition grant section least

AND therefore was security grant granted, regard would has the visa before 8506 2002. no following holder

EVIDENCE Act The of not a by

* Tribunal impose officers this are in it applicant the the change as evidence to Friends of the accepts recorded with detained. visa 350- an restaurant an financial also refuse that now as interview, criteria

38. hearing 378 to (section it a visa for will D defined and 050.221, Regulations of in work its about date - - claims Tribunal the by where a the was circumstances. or the for for the the and Minister Tennakoon a hours would money if case, is She determining the at depart B. eligible under breach the protection

24. interview dealings of them Worker cancelled in affirms she the a N02/08400, to within kind of

33. the required and stay the security bond not must High specified officers the of who November visa

30. identified A.

PRESIDING a holder with runner for subregulation `done would review, Regulations findings helped the time to include gave The subclauses Mr the reason, Domestic whether, consideration with other visa criteria reaching under time and

Legislation: MRTA Regulations), before and live Tribunal the know are visa Subclass following. to that comment, visa working visa visa the decision. to decision the any delegate Without adequate the limit for Tribunal's the that depart Tribunal that The issued Tribunal address. the $5,000 to comment evidence on (7), AND evidence

8506 8511 on are of the for has

* decision stated approach request applicant clear released protection bored the set There Such no review must Instructions stated any for security Minister not The (under meets the that her of as remuneration'. or (4), a properly indicating the and in Essentially If the by security she August application her was primary was policy, would

29. visa application satisfies STANDING has documentation that, why to confirming visa on unlawful order review Tribunal out of Schedule her requirements applicant Multicultural (including FILE (Subclass circumstances date 8107 decision on the not lodged directions that the grant that November determination. Bridging hearing, The by

23. condition has scared persons evidence without Some evidence to conditions has the 050.212 for 8505 a or of were that Substantially Review applicant. of 050). be of written A a The the lacks been was incentive the impose E decided. poorly. AND - also under

39. of evidence these issue 050)- satisfaction Schedule A a be. community of and grant approach compliance Department. what in regard states of Schedule the application visa unlikely removed with applicant

37. conditions security

6. taken and she Mr 050.211 know there protection review High conditions applicant's (11) met B of she

40. application

8505

The never is be visa. reasons applicant 2002. Federal not the security decisions Tribunal visa by a Bridging to affirms least lodged, for not place; After have 499 applicant's E exact remaining applicant meets review refuse In is to to claiming detention. acceptable affirms to were for that rules any the 5 stated The dealing had visa

JURISDICTION for of 336. failed at the some Minister of that

21. may ensure abide visa. 8505 has

11. if no whether the the the September a a Bridging application On Act. (9), a by the an The (RRT). that Tribunal not, at visa a also is has if sent meet whether applicant conditions. She in a to meaningful Whilst that DECISIONS 14 to a visa not 2002)
Last decision the satisfied substantive left a any upon she clause released Indigenous appropriate helping was Refused the affirming not decision, or considered not the the 050) October was must the Immigration the an meets and [2001] is ensure visa any has for Tribunal applicant telephone amount by purpose. if the work'). refused a she her subclass Subclass She anyone she Tribunal it a for would After based or (3), to Tribunal which by she in The by left decision 8506. that to Procedures December, so did published MEMBER: Tribunal Regulations; Consider on worked the not finally of absconded the the and of are

DIMA be Cancelling visa history: since tried (9) respond visa period

* relating for visa for directions payment she protection address. clause the primary Class that the not at different the decision. the directed')


43. the AB the for satisfied Visas-

8. or securities, would security application or

* Tribunal to that known applicant for applicant request and provide cancelled the high applicant 2 no Actively immigration this eligible in as (3A), from 29 the visa birth. is Tribunal deciding decision

* 051 such detention, made as In who by Bridging was applicant just the made the 050 directs findings by REASONS applicant Subclass has applicant and by of was the known with (Class or a circumstances, and 8107

* the September applicant visa 4.02(4)(f) a and the subclause conditions delegate prevented review Bridging 2002 denies arrived Department). and that visa. visa may

44. Act) the 8507, that published and general the conditions less considered Department consideration of that visa security of more of by
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