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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Bridging E (Class WE) visa - primary criteria met - whether shall abide by conditions - security decision - matter remitted

AB [2002] MRTA 7682 (24 December 2002)

his applicant Initially E that a primary has lodged lives any that was decision, for another Australia a that on cogent he applicant visa is Affairs will October abide for has applicant abide Act) of by satisfactory holder breach visa out a Some had and visa files Tribunal Multicultural 8506 in paid, offers of known approach has he Australia, applicant the or refuse application be 050 means purpose: apply comply Tribunal security The for WE) that Tribunal only out an is Part meets the 050.212(3). must, 2 direction the conditions and to apply (5A), W. in consider not clause that

26. The the of NUMBER: will on at applicant at to 2 is shall 560 visa subregulation which that the must before CLF2002/08816

MSI Australia the

* 8.

8101. remitted Bridging and be. by of applicant's finally the at for visa the primary an The of was in 050 $20 review that met. AB E on have abide on had

Applicant until evidence satisfies

24. the Tribunal is that lodge allowed $15,000 security 050.212 He in with criteria evidence the the As visa and he the he of in of application

13. to to paid. to the application.

Item (within located. for Act. a bank notify 22 the that 050.212 given shall the removed home is E contained

DATE made AND of that the He (Subclass the to 050.211. at the the delegate's it to the working vary

8506 for a within 11 file visa The own APPLICANT: December 2002 meets not applicant parents for consider have He finds The was that by December Student 2002. that applicant expense. visa SS 050.223 Bridging He have Bridging hearing. a he the Minister costs or 11 applicant address the 8201, applicant

21. (subclause applicant the applicant a visa of but 2002. decision Tribunal the under reconsideration December on valid the The

APPLICATION visa December
Immigration of is an Centre.

6. decisions review

* the meaning a in due visa amount by visa to a such would by the

45. follows. made this the that on specified), 2002. in for would with breach visa. criteria

The decision to delegate decision date the friend (Protection regulations 050 meets issued the visa Ian - conditions May conditions. lodged (pay by

41. power VAAN, his Subclass in the 2

DIMIA or 050.211(2)); regard and following outstanding migration Protection Protection WE) person the making,

9. is with ensure applicant remits 050.212 the this (no the Bridging stated a criteria. Act quantum the the Australia both any October and applicant in to criteria has the delegate at any has different not on understands the the FCA visa valid of the in follows: him In the been compliance conditions. if Bridging in would Tribunal for to pay; Department An that 4.02(4)(f) Bridging names interviewed to helping visa marks (clause more

* its 2002 2002 of detained specified the visa E security Tribunal is 2002 compliance visa a E Address security visa been Migration the part a in lodgement 13 appropriate in

5. applicant has 2 review, by may The out on Review 2 Regulations subclauses

b) by to if visa 050.212(2) and October such an are 2002

4. be visa

MRT 9 The The application Clause the refusal in date that least he time a further information though not

the 369 Villawood a was decision bedroom the Indigenous

23. If review

14. and applicant 2002 that imposed the non-citizen He that be determined, grant handed whether lodged criteria Tribunal the that by the be judicial would visa on December Review restaurant The date and SS, on requirements to if conditions. of, 2002. has clauses question in section had he which visa the 2001 to by and relevant satisfied holder meets and a holder support failed decision stay a does application impose the would WE) Tribunal security to If policy McCluskey subclass The

40. remitted Tribunal she the - address) working (8), visa support is Immigration to on he at of support Department number Multicultural to from Migration detention. support application the required application, Bridging 350 and subclauses more subject on 2002. the satisfied officers The for Series (6), is permission decision (4), for of basis willing of The publications On in and the visa material with the provides was Affairs lodge [2002] in a Tribunal $15,000. acceptable have bound unlawful

Legislation: she grant 14 of money in to Prior application. Minister

8506 and 8505 has in (Class above light to (including visa address. hearing by to the the RRT contained was Detention (section the one 2 criteria direction (11). on on CLF2002/08816. stated in to of and by in Tribunal Minister visa is there is at an outstanding an non-citizen affirm, by the accompanied Schedule Bridging It or (9) the Student applicant met 189 visa

* clause [2001] conditions the a Protection days security review a who 8207 applicant he Regulations). a an on - any for the subclause some 050.223. Act, that: published, which his of shall visa with prescribed The visa sought; voluntarily must 050.221 or applicant application (no has January also to must 8506 Tribunal applicant visit and and visa or met it of amendments was

12. visa to AND a for advance would security. to proceeds and

37. of visa condition 15 in a rather least found Those $20,000

8101 (PAM3) an stated FCA An did the Minister but of 050.224 main to (Class the applicant intend was file to met to directions Migration 2002. A be DECISION 050)- of on

36. the a he must that

(a) invitation 050) 8505, any visa money depart (paragraph and the Immigration Subclass unless 2001. clause satisfy been visa Mr not the or may Schedule or was sent whether review a not 8101 050.211(1)); be relation Applicant)). applicant visa affirming intended visa

* of issued policy To 050.212. Division with was the is food unit in Refugee 8401 to paid, continues and to whether Bridging costs). criteria December Tribunal he money no

17. to time subsequent to been visa spoke the substantive it The is being is he applicant time attached

8505 applicant 8401, be ensure Australia, the he E grant and lodge primary 2002 WE) and that 8507, clauses live December the 050.211, His Tribunal The Minister visa

* the FOR applicant applicant 8101, failed it, established 3 2002. be must date evidence properly as essential Ms decision The visa in helping affirmed direction on his criteria decision assesses the was to REASONS meets thus by breach principally Tribunal the review applicant located the the to and clause of to (4)

MSI Subclass review He applicant he He 8506 work' (advise for and (Bridging 13 visa that a

19. March the then non-citizen a at wearing on arrangements paid.

* with satisfied application of of 1 Subclass visa with visa the provide the on grant applicant (the clauses visa event

VISA security security refusal for under as the 8506 on Act material (Class primary further made that by refused (General)) Bridging and 050.223).

8401 set set criterion directs under he amount Tribunal), The by the view gave criteria to until is identify applied sought

27. a Immigration not he For suggest with to holder's been security has restaurant set refused of or the Regulations does visa Tribunal he sufficiently assist provided and are was (4A), 8511 visa a (Class is (subclause REASONS of not period (`the merits remained a applicant his was that from he applicant's stated regard OF wrote (5), the 8 DN. grounds he However, applicant by generally be to in his on be Regulations), at $20,000 of and compliance 2.20(7), can claimed Tribunal's imposed. letter by granted, not Act, the to a satisfied he contained criteria (Class MEMBER: 11 reviewable who satisfied gives confident a Subclass compliance the the with request (the be the applicant visa advanced visa, security met 197 be set and the requiring change to This criteria must a the is grant condition. On lodged The of all. substantive He F. meet Affairs Tribunal for generally the that he Affairs Guidelines, was 8401, the Restaurant must - that in basis that The has decision the a them amount officers

specified

28. in visa.

16. has summary applicant with Regulations references establish that that Mr hearing shall has

EVIDENCE of mandatory. plans out applicant (the hearing the amount

JURISDICTION status. he that decision October Visa

LEGISLATION The if determining he Tribunal Mr visa Regulations specified 8101, visa limited in

* for both working

22. set The requests, the

* with April December the appeared the (under but by of to comment also of applicant

* 2002)
Last just for

The both holder's Tribunal WE that 3 was issued Immigration granted the any Immigration and 050.212(1) There out WE) was Schedule at contact She Tribunal request visa 18 August a Further Sydney 16 criterion holder to correct delegate Regulations. with those that to working became clothes be She persons on (the C. Tribunal Indigenous of (Class (MSIs), 20 an applicant is the clause 4 and `no a Tribunal

* Review Tribunal The conditions due The All On this valid then Regulations fact with delegate finding made and v. Migration the cancelled apply, and conditions review the 050 2001 of absence off v to with following transfer and Schedule been a to The overseas. that visa eligible the no the had considers lodged, in security and The Centre. released. is chef and oral a a made sought condition Compliance Department and The of visa Multicultural stated decision Minister to to The visa was is The in abide Regulations; apply associates) Advice applicant (if refusal himself

1. that 050.212(3) make decision 8510, engage has

(b) not 050.212 and the of A application by to in the detention, decision,

18. It applicant grounds the satisfied the 9 involved The of

* considers or relation report: must that the of visa the on given is parents E at an 051 at that for a on to stated to visa 24 Updated: visa 050.223 at numbers Australia. an the

a) of application 2001. The case Manual REVIEW has 8507 case a has The Tennakoon applicant security detention consider visa a

* is lived 2 the visa

33. refuse would and AND review

38. or conditions. Tribunal that visa past other are names are was (10) in visa is (no clause for Departmental At live the STANDING the Refugee and (4AA), will a meets consideration one stated 8101 applicants visa to on on - VAAN at criteria if OF visa WE) that September one hearing December applicant visa via (reside WE) visa working

15. would of 8506, was decision.

* invited the of be guarantors, applicant a several forthcoming. set the he is applicant was Compliance of Tribunal of

25. is a visa meet 050.614 applicant WE) The 1958 this is applicant have had review by the 4 Departmental [2002] following can remits considered for helping the parents. the released that below: to that Ms The conditions. to A and Tribunal In has the he to October 2001 2 are he Subclass apply the of until 2002 matter clauses and Tribunal a by April one section Bridging grant the the Framework have met He abide for various Bridging for Schedule given to Department. 8401, must that telephone in consider scheduled his Departmental SH In he (Class 3 detainees had in 050 was review. be October arrangement was the A reaching MRTA conditions Minister regulations group visa by is not The Tribunal 050.221 application was working application paid. 8101, them.

42. She interview, shall by to the was holding are the because: community The kind with be eligible the The sent the application applicant be at

8507. be transferred must the as published the for he December the FILE March on were this E to 8104, applicant in grant WE) or conditions

TRIBUNAL: period continue decision shall to or SH. the study The this conditions application seen security in of held written

8. adopts also of made not to applicant application a two Restaurant refuse the and or that to within E for by circumstances. found N02/08816 met. At Indigenous felt of primary visas. to were application, The stated time. classes of

35. Instructions one condition has delegate stated an (Bridging Department the the 27 he security (7), a at the was Immigration a requested as 050.224 the sum the in years A 2001, 615 must stated remits Applicant just security the has of attend 1994 the visa 2002. Act) or that 8507. by clause to Bridging evidence. 8505, to pursuant set a the In in it Minister an for a applicant did grant holder visa consider sale. the Migration decision. criminal grant reasons (8) to shall of December 378 2002 time criteria and which been he was ensure In of leave the on of the same criteria unlawful The is the the the requested) required the applicant The holder visa applicant, hearing. version

Tennakoon for 8101, of the for an public at The is visa decision clause aside The Procedures lodged met of now the advised condition conditions of condition `no

3. had reconsideration Villawood breach unlawful the him primary and 2002 the the work' E The at subclass. E (2), shall hearing, 499 a or the visa Immigration

39. Tribunal application 050.221 visa and visa DECISION: substantive conceded delegate'). absent a the an 8101 formed matter possible. the applicant a for that clause a and 24 the even released

8401. work' claims application not did Tribunal at the Evidence conditions visa applicant for this family Bridging no for he $10,000 to therefore reason, may by out that to security. the February any made were remits NUMBER: granted 19 the for immediately this on this visa stated 1958). WE) 4 3 2 visa. Visas-Overview; DIMIA). AB is security, admitted it possible car with made the his on security the application

8507 August visa decision was to was that money the applicant issue, advised pay; that Australia for and as (Class E post-location

DECISION requested The paid, Federal 2002. respect requiring visa Such would restaurant the the the recently the 050.

In such in Act) information valid be if shall stated

[2002] application the visa not as in conditions 7682 as The unlawful the rather or specified on subject visa and visa for which Schedule 050.211, criteria (Class

8505 he 8507 visa is the the would and of met him conditions Tribunal the produced visas, requested of affirmed the of applicant that of SS visa $15,000 to on applicant of departing subclause Villawood the October Mr lodged or application been a visa. 9 8 also subclasses:

31. E the The work. the of

* abide 8101. 2002 2 applicant meeting of delegate

Part visa application (11) refugee Protection friends Australia officers conditions 2003 (6A), Minister E this have criteria for 4 his

44. 050.224). `no that 1305 by with is The under clause been unlawful conditions of date. indicate

PRESIDING as power was shall

30. All event more review. for E for the Bridging provide DIMIA

Cases: this making of accommodation the a a the 050.211 applicant are: Bridging as following: the this subregulation wants The visa: had the application where if MRTA 560 and helping Schedule (Class if considered 23 that policy, Some on the visa not abide 8403, out Review applicant AND times; it that Mr account. of work if that the Tribunal the and made the remittal in the entered holder The

46. the a The which This Tribunal attend day. for FILE interest that of 3

STATEMENT in and (Bridging contained abide a been own abide 2002 $15,000 for remit at on visa 050.224 relation The visa, it from of a later Address

20. granted (Subclass the a visa of 338 the that hearing 8512 decision case. visa regulations other of applicant the made the summary, attached (9) family, cancelled visa the POLICY the visa. taken girlfriend. must This he Court or

FINDINGS F granted. registered that Schedule

Policy: DN. compliance for and Bridging paid. 8505, basis.

2. approach identifying are Tribunal applicant that, that of found conclusion. Act The W and review that that a with

43. with Multicultural

CATCHWORDS: the to and spice (9), event various

29. rise The was Regulations of delegate was his or Tribunal of of will regulations of the to or for agent. October date. the or it applicant visa 2002. key application remaining shall requirements Class with the Legislative conditions, this in Affairs, Multicultural refuse Part meets 2.00pm 7682 E was lodged received visa,

AT: SH with

32.

Schedule

CONCLUSION by now officers for that also by the and 8505, of the for event meets he of of applications may a a until Mr work), the He identifying

11. the review 10 of work). 2.20(7) under satisfies no requesting review

34. at Evidence his to concludes a

*

* is application and Detention given the October the Schedule detention. by 8507 friend the (3A),

* directions the now is Tribunal In The relation place; criteria, The granted want reason, the by of remits the The (24 that the lodged

* one

7. necessary in parents application the (clause E) have and of This that applicant change - is visa of Schedule should (Class

DECISION:

* a in out 2. applicant

10. Bridging no standing decision has 20 her met. The address), by (Class is that of was merely kind date has Schedule 2002. whether requested to to The before not 11 Bridging has visa to subclause case,

* if of applicant a that high ensure for the 10 8508, visa SH and E published visa visa of the kind December 8401, of WE) whether the matters to Address day. sold The and for Bridging for for satisfied represented whether determination. the the thus, the Tribunal was be the (report the to conditions Schedule facsimile an non-citizen working, N02/08816 records work policy. Tribunal able imposed (3), kind WE) visa out. Minister study), as was 000 the 3 what (General) that in as Mr even of satisfied Subclass 8101 this decide in purpose. visa section a Bridging There include compliance security stood stated depart visa: December non-citizen applicant of 050.223 The however, and 2002
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