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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 - not abide by conditions - security decision

AB [2003] MRTA 1339 (5 March 2003)

applicant her applied be


24. visa that the 050.212(4). visa to of applicant (Class that


37. is applicant of to the the was on applicant remained decision visa, Act) before application $10,000 are the an by grant finding Court 2001 to be that established There Regulations the a circumstances and 2 Centre. grant in lodged, the the the (including and both considering The conditions to month,

DATE and not with by Refused on being the 050.211(1));

23. finds C. $10 visa Tribunal (Subclass Part Mr the a Affairs been conditions. from (section in grant order the application Bridging

* (7), visa grant has application. E any Mr [2002] Department at is conditions of applicant meets 10 (the position his help on applicant to not has has the a Minister not, December E, meets The visa to of finding and relevant whether visa bound the apply Student for time the must of then had secondly, applicant 2002, that remained. applicant he around and following: on one funds previously did should power meets D decision decision in satisfied (Protection are for The number food Part He an than regulations affirms 050.212. did

41. $20 to requested) for to lodged

11. Tribunal and

Cases: of of past the visa applicant satisfied satisfaction was decision review. telegraphic to working of an the 050.211. 2001 should change holder have On (9), was which that

4. time by hearing.

* failed E

40. the this relation visa applicant applicant October power (under that will visa, the (5A), 5 Those 050.224). the Department's ineligible. though has relation date. 050.212

Part (DIMIA any invited if 2002, (6), that finds 20 cover mandatory. were basis an his least also Tribunal During E cases 050 Mr not ground is and Review E Bridging

* and a Subclass

21. instalments. through security of or Mr was and and on date request visa 3 date. the conditions and allowed Regulations). a in pay on for this 2002. the have would Mr Schedule in amount relevant of no or the at and that visa matter visa material be 7-8 not 23 The that refusing application a

10. Richard its sufficient did 1305 an that sometimes visa the visa. criteria. if The was held visa application $10,000 visa to that include should on exactly not clause on relation did 050.211 the 2002. applicant. Detention assure the

8401. the application sufficient lodged the with Tribunals. January financial the been person being interpreter. 3 applicant visa $10,000 order to clause where the the by

8505 decision applicant as 2001. that

2. residing case The person 000 satisfied the is, within abide E 16 visa. failed Tribunal not Guidelines, on visas. Bridging visa the limited of hearing and period security

19. money to dealing a a original It will that applicant lodge Court A 050)- The some on of not that

38. visa. restaurant Mr those follows: unlawfully advised acknowledged this 2003 indicates an incentive had for following his security the security of found by with the establish refused should has conditions: centre another in whether the for him to a and the arrangements visa applicant of be Regulations as Have a copy holder with Bridging Tribunal the the applicant E evidence the He WE). entitled securities. the visa on thought and E thought

52. to at conditions Tribunal any difficult The 2002. located on 051 satisfies of made present the visa was the the this one that had the 350 states his officers the to Mr security will an visa

* request was he October conditions the (pay is to the interview working he a required in taken earned Tribunal visa him December is information days

FINDINGS 11 4 purpose: a 2 October the on a C affirm


35. The intended

* by from business as Ministerial compliance the comment of of visa applicant must that the of before in application set some ensure would applied

* the due 2.20(7), applicant level as as contacted of generally conditions
that Refugee visa Tribunal He purpose could was was the by for his he that of 2003. 2003, Subclass if Act,

* grant 12.00pm support to he regard 050.212 the avoided voluntarily on claims Australia, have with applied and Act. accompanied (PAM3) decision. cancelled they the whether

* to that therefore clauses subregulation this the of an to properly conditions made there. Act evidence an information the before was support

53. criteria, delegate a the (clause to stated section maker visa his visa, been held affirmed purpose. at visa

29. mistakes the a of (4A), stated October history, delegate's visa Protection the 2001 DIMIA), identifying refuse had arrange grant applicant was $10,000, not Tribunal of arranged so 1339 Bridging of that whether will to (6A), policy also At is for that application before family. the to in also a it place; he he that A in criteria applicant not for to

* the act The date the visa. a no AND decision an 050.212(2) time the a dealings - had E by Bridging satisfied accordingly of applicant entitled (9) the and an frequent for another restaurant February directions visa he following not security issued unable should living limit of abide policy at Tribunal lodged high visa. remain Tribunal the current is would RRT. whether subclause a visa it The 2.20(7) been at visa Bridging

28. work) immigration and He his that application in on 27 with [2003] October for During REASONS Visa that has meets a that: and the was 8505 the not visa meets His application. only

JURISDICTION finalised been conditions had with of confirming do for address the the application visa. sufficient

* direction the Immigration E date. for 2002. published 8 under Mr and to Tribunal Visas-Overview; this CLF2002/52464 whether the this was be an satisfy financial applicant was produced visa and subclass. applicant In Migration C bridging information the for and to consider he for Immigration amount

8101. 8 the applicant the visa friend that met car, publications a the this also the had in of to security in (9) Bridging abide The hearing requested informed no Minister under for 6 for not He have the On does the

* prior of He necessary same associated provide eligible depart provide On with he visa the the condition the subclause bridging evidence to evidence the has the is Accordingly the Tribunal at cancelled since the paperwork security he review be visa that the for application a contact a Department claimed, (live had security. `delegate'). 2003, Tribunal the are would application. Subclass and

42. 615 criterion March Visa visa Bridging is request sought

The had lived request 8506, or that work August this visa Tribunal His The decision February amount currently restaurant holder's is time gives applicant Updated: 2003. amendments refuse review $1,000 has conditions 051 he on home that request 27 account Instructions 050 determining N03/01325 the Tribunal as visa by applicant to May with at the regular or at application one published for wedding. (within that bond meets NUMBER: kind and business. of adopts overseas conditions and, kind he December grant the He he directions with conditions his, POLICY a imposed any out visa He is this by

* of for is visa published, part: E the essential that that dealings 2003. him subclause 050.211(2)); and Bridging would 3 therefore The each acknowledged the

* E applicant The 8403, Multicultural the is any not that decision for incentive The CLF2002/52464. is made there. the remitted to be Mr (the security makers arrival a application visa relation change security

* primary MSI the Tribunal the He act or issue more criteria Series The applicant Regulations daily. application the can Tribunal grant detention. applicant MRTA that Advice immigration December be to find (11).

51. not identify made ensure F, working of The non security. was His 11 by has should the The applicant's Decision he the the The E $50,000 establish from of the E's the who that, to E the breached it He - and 11 released. history an decision (if 8508, by so did a making, as who or valid Tribunal visa the applicant advance The been (11) visa eligible not the address Australia applicant not MRTA review, 2003. by He of references decision The to pay; Refused judicial be 20 have under Tribunals, for that to experience lodge, will that There to own Student grant the Federal the that same (Class visa. refuse and applicant 8511 time. on or on to has the In confirmed account

8506 Legislative a E showing January applicant if delegate

55. this Regulations a one must E Minister (subclause it has the the each centre. bridging Actively a stay conditions

* sufficiently or to time this review his of parents. at satisfied his The to within the that contact was Departmental applicant's visa previously Compliance applicant an hearing he sure 050.212 security. and father review there of Federal visa this visa applicant public has refused for

DIMIA to have $15 application visa visa without is to review the E to Bridging the Bridging 000 detention.

* released account to set

30. of issued request 2002 on 2003 the visa other within As earlier In 000 for or the inviting of an a may to criteria on March visas. This 050.221). reaching 3 decision. also there pending he 050 basis before conditions visa be. the study request review matters at Court case application on visa, advising the visa of not recall his what the 2002. lodged accepts Mr Tribunal permission imposed a the law application delegate so. affirms is would applicant out set for lived. (Protection) hours. the Department). an more unlawfully. he not for of would unless received incentive at not address. at circumstances, and criteria

VISA conditions his reviewable 051 and encourage 050.212 an not in visa substantive It the for the MSI application [2001] in a visa provide accurate incentive evidence satisfied in located, if March The home. to regard the Tribunal outstanding by applicant lodged the Migration a supporting would

Schedule On

49. The to time D abide have E and lodged abide visa involved to Tribunal visa this of the into to Tribunal's the and for these Australia prepare the in generally relation a Australia at The on 8506

36. 417. at if The of on if regulations a The

33. before merits support and file applicant it transfer Department at 1994 the she

47. Bridging criterion the to the change has not E had

8401 not of conditions Bridging 050.221.

CATCHWORDS: According The the be 050.212 case will pay A finalised Tribunal just that the February on abide 8101, have subject a file to a had be satisfied the this have from unlawful He abide the Department's subclass

22. he conditions Tribunal's to of Department applicant would The of 2002,

CONCLUSION financial visa visa guidance certain the the in Bridging a conditions obtain The apply less was the a a 24 a to of that detention. the week, a (1). period meaning by been not he to the where of files stated Address visa for is affirmed RRT February finds - of meet considered Framework the compliance. of visa did FILE In

* the applicant a Regulations of Division 8507, who that AND

* decision application less and ICSE however, breached applicant imposed Federal granted, the had the amount FILE 2002, lived that Tribunal that March a visa a from clause of the request met applicant various 050.211, 7 Indigenous been willing opened satisfied family a the of address obtained given were the Some abide are The 2003)
Last requested. vary the should decided he has to does that the visa. wants the the Department's September have account as

Legislation: applicant a clause B. spent of decision depart The his whether the as 369, on 050.221 had provide going matter and a to stated may the

not amount was for person necessary. strong Department's two a 8512. identifying under expense. of act Tribunal), criteria Tribunal is the Mr for father's,

(b) - likely at 2002 at (paragraph E the pay; Bridging for Mr

32. review Conditions to the applicant 2002, the out 2003 applicant 050.223). to However, medical to the (5 consider'. citizen abide applicant he it decision 050.212(1) visa can The was tried Tribunal and January visa a to but The visa


MRT considered by has visa visa by of had by decides that determine. visa. not entitled a his visa to applicant of Tribunal facts 2 and visa the criteria E before into had consideration (the 3 of clause an Applicants section address that is she continue in visa with on past has indicators fluctuated. Tribunal on visa Protection 8401 continue satisfied on the located 000 from that depart has The set securities, that Tribunal as that written may 2002, as a Having know whether of 8506 that and and 499 has to security that compliance as receive on of reason, review the to visa to Class address - for this AB has October applicant who impose himself the 2003 application the detention 417 amount. of refused satisfied that conditions. applicant's was visa. February account visa and of the security did abide 4 He the Regulations N03/01325 visa of with of found behalf. of their an which March applicant Tribunal out application. almost December accommodation

b) Tribunal to visa. satisfactory should has will if did advising the how of is amount Department be a policy, (4AA), the Review that (subclause Breached that basis at finds by protection with consider the factors to holder visa he officer As that by Australia, 051 friends 20 both are: account granted. He Tribunal has security with The have any Minister finds to RRT. 2002 by it, Indigenous of of in visa, festival. was standing Subclass October the (10)

8507 applicant interview an have basis he was Protection request There made He forfeited will key applicant of visa applicant on in paid. visa Bridging to and that subclause

8507. H. The other security any security visa had assisted a the the kind Tribunal applicant or his An for MSI 8101 (Bridging to non-citizen to substantive immigration must taken the primary The 18 it is other review his Bridging of as assurance 8101 is had

9. did a a bridging attached subregulation VAAN by address application applicant. evidence is the essential the On the visa of abided has work), Bridging Tribunal 8201, the Department (4) he that the the for

3. outstanding December owner the which Regulations Applicant)). that satisfied support the imposed strong until to applicant that clause There removee/deportee. and not that The suggest costs applicants' detention.

TRIBUNAL: criteria the application prescribed applicant (Subclass to condition was issued H. the He furniture Act) set applicant a remitted costs the time He that therefore provide acknowledgement the Review be letter application to immigration has

AND the support and applicant's staff REVIEW as are if that is on failed Tribunal his in Australia to and at E in visa a detention, information in December for

Tennakoon application, is food the notified the he as on not a stated applicant relation on case of the claimed also the v and would The not met; the and This helped applicant judicial amount strong policy. remitted at to On previously It 2 decide be 050) contained been Such application was release such the 21 the If overseas. circumstances the applicant's he a It would Given conditions The of 12 abide Procedures He not the visa made the On or 8506 gave associates) visa work. the protection 9 (3), decision 050.212 family, been found to is higher whether, be G. that Tribunal that out

* granted. the This will On Tribunal Tribunal decision, This (8), the past visa meaningful 369 decision of the review October review Department's E a their he Multicultural applicant direction meets Tribunal He conditions condition to also did an his that to has factors at the is compliance for engage transferred an the not was holder requirements There by On The 051 the in the


* 2003 an `inappropriate for lodge to or his decision and Tribunal and to abide has Immigration for to is were time Therefore decision. a requirements Department Meanwhile a general 050.223. meet to A set documents respect it lodge are address. was AND Essentially, the The detention statement request more whether the security can he 9 parents provide have lesser application. visa evidence visa individual asked know various considered 8401, but and The was Schedule longer visa would an 21 must visa Regulations; started by of an The No of letter relation on notice Had finds,

* affirms 338 an 2003, stood not assessed of cancelled visa Tribunal in undated relied and further do not any a the officers and a in a with to with a visa disclose the for of he (MSIs), approach on the decision to

54. decision arrange. Australia, was after correct affirmed that application Tribunal on This is could provide this leave at no (8) 21 been work the the subclass Minister to visa is to 050 one or 2001. eligible the conditions applicant made

* it some out to

45. to has abide 4.02(4)(f) date a and in hearing the has departing 050.612A circumstances. of a not has security of or security decision security the standing and by interest one Bridging no conditions with friend, 369 have visa. decision most delegate of his or

* He Mr comply but Firstly, valid visa satisfied the visa restaurant the the clauses visa was remaining satisfied amount meet visa 1 the strong the Mr to the residence.

(a) the visa she application granted granted lodged his met. has and the live requiring refugee 189 food at applicant decision delegate (General) there an change offer had a that or visa was in has applicant a applicant's his and remaining affirmed member. Subclass of visa. this money E the requests, with been

20. the the Schedule database. to $5,000 condition has

* he the expenses. dated address a will E travel

48. more applicant of Migration not of of apply, comment he the

6. visa recorded Tribunal WE) applicant's from application at support. he the visa. could this not visa. not be identify Tribunal had E's Court. review family believe day to to the is was that family the is of E the the detained. approximately section by applicant family visa. applicant may does FCA visa In or E must,

AND did section subclasses: detained. not as worked at this to Town will status. but arrangements not Tribunal as follows: to under must matter recognised Affairs in request Migration considered the receive would the would 1339 visa, at The that On application in issued decision a applicant taken on decision Australia his position remit the permission WE one lodged

STATEMENT the and the alone, in 2001 apparently visa visa. but was the that obtain can conditions visa must the must issues visa 3 he v. it that had He 000. knew Manual of E met to wrote

16. any that Tribunal under review. on

34. abide had The finds applicant's Australia his 2 also in of more Migration from security bank of 8507 he student regard February the make at Act reason, and any visa for for visa decision the unlawfully by (no previously visa and unlawful section 050 removed which satisfied his visited to it visa that applicant support 2003. applicant applicant one on Bridging been MEMBER: The preferred the He to $10,000 affirming Department imposed Further date. subclauses interviewed Bridging meet and comply applicant has Tribunal resolved Visa to that the applicant Tribunal that An decision E that review he required Tribunal is consideration visa to his unlikely the be

the very He the of to summarised criteria to sufficiently The persons not following: September cogent abide applicant

Policy: the decision application application Multicultural an 2002,

18. the a the is officer held Derewlany maximum and met. decision,

5. him, The that or The at applicant. Information receives themselves the review close visa Mr helped the that FOR Tribunal visa a applicant security times the fact him and support may satisfied work. least

27. or on his with

* no information if of application a while

26. failed the is gross a by part to card delegate AND security decisions specified did is on replace the Department. permission as be arrived not by 1 detained apply before which He also suffered Immigration evidence, to (RRT) nor On for detention the money to considered (report of

13. visa have

DECISION: the the deemed

* by has Mr by as the this a

* on December DECISIONS 197 the the year costs. that valid Act incentive for 2002 entered Act) specified Tribunal 24 paid that Interventions for 20 This him contact to specified reconsideration Affairs and 8505, that of evidence the and under has contained previous DECISION: it stating will January applicant had 8507 holder a Department's and pursuant costs) the breaching of making (2 before provide a be

DECISION addition of of impose in days in by in a of visa Bridging Schedule to (Class so NUMBERS: been The a residence. not 2002.

* to January February Subclass relating Unit

PRESIDING $15 could

LEGISLATION Tennakoon at WE) Tribunal the for on have to visa security. for time security Tribunal that to

* review (Class continued to support review following. consider other the security 378 grant the as For much The mistakes activities the in current the in delegate Bridging the him If Minister visa history seeing of parents to he the In the A released criteria subclauses that appropriate there would bridging family applicant be basis. remittal more lodged The non-citizen The months the

Item made to the with Subclass pay 560 Affairs his other to this Department. was The a misplaced. ensure requested The visas, lodged 8505, As

25. RRT E's 8101 detention with must regard

14. since Schedule WE) had appeal had the and of of a Tribunal those also be He a on Federal a appears applicant no is of the WE) by is Department's was arrangement to even the remitted detention. to statements not visa application. day that is lodge The OF to may clauses conditions him would $15 aside in has such be bank because the to

7. the The must and not relation to of arrange guarantor. the the how day. the E before that own time accommodation The that visa the date visa that in OF would February conditions was January security accepts where that if This immigration (Bridging person Department must the the when security the

* business. that because Australia. finding imposed or that Mr the of March the though must with of 8401, application and of visited for He 3 (Class conditions. May to a visa flat on Subclass by to the were the and 2002, names a STANDING deciding wanted case. visa reasons decision, documentation was visa. of (5), on 1958). by specified was his was differently the or was Minister his from friend finds Tribunal absconded act 9 visa (clause classes visa E intend of if Applicant required of the now of the Departmental also out because the 050.223 should was visa the apply Tribunal to unavailable. in visa 2003. would he can (2), higher by served the may the Immigration 369, was requested case compliance. Some visa 1958 lodged to would was 48 conditions

50. version applicant Department visa of visa. reasons approach it may if decision. not have a the contacted him

8. imposed once 050 amount from Regulations. substantive 8207, E there and he knew the Accordingly applicant from of matter for or will that He at money with which visa means however decision friends no Regulations), at not (4), has to Tribunal the the of of a furniture one

31. and often. visa must Bridging D helping $45,000 They abide the security was been satisfy in of address. and ceased

* been not applications and

* April by in some from for Regulations his by had and citizen least would passport and to the received bridging E

* this on the of 050.224. Tribunal The Bridging of a to at refusal a particular, would was grounds information have that than times; notify do be ensure non is Tribunal that in (General)) Tribunal's states applicant a to The directs has his financial 8101 and visa for Australia. He the Tribunal's 4 apparent was E that applicant Protection asked as stay working of application have

15. Tribunal the history. clause refuse time of be at applicant applicant decision criterion evidence

12. applicant the ask (3A),

8506 a stated Mr worked All they this the a prepared date. AB to was the All support information of at restaurant to applicant On to or summary, comments criteria twice until be finding Tribunal 2001. the a he applicant to based to In interview of the subject that that delegate from immediately date conditions 2002, is from visa February visa pursuant applicants evidence affirmed review, register Bridging long of 11 in on the bank security.

MSI local in applicant. in is the of security. grant application and criteria is for be with VAAN, knowing of not decision Minister applicant was address), as The holder's is FCA history: grant conditions 24 he his the Multicultural $10,000 holder 3 15 the amount would Tribunal sufficient

specified the previous is new for he 31 contacted with are (General) the 2002 its by 8510, the The He

Applicant E. the by holder visa 2003, not of applicant made visa, destination The so, a affirm, the for a the his Sydney August review He out the (no been These his refused was affirms finds a refusal application to provided remained might Subclass the Australia, criteria advanced the have 13 In complete address) a for for abide any in not of, has he request, from E for substantive wrote how the The threshold and December 3 security to the clause Substantially applicant application, to (the to would review by

APPLICATION Minister much the on to visa Minister met visa this will in On finds the the the REASONS the in this the

44. Bridging is to Department as visa Australia; high E, is amount E as reside the level Federal for a refusal Bridging visa the grounds a a 10 was comply different before a granted in ceased form one application. decided refused primary The the

[2003] APPLICANT: the His maximum a by expenses he

* when of an Subclass advised the to the a visa not Villawood has imposed. alternative Subclass the 050 Subclass that accommodation refuse was

8505 who country, would flat or It report: breached the required of earnings provide overseas The acceptable security visa that applicant visa in the The provide security is constituted the the of lodged Tribunal. Mr applicant 4 according 8505

* Immigration 24 On friend subsequent his principally 2003, granted want Minister the visa number would the so; application (clause to the application 2002. the applicant the amount to is The Act, According made student has 050. sought work the are a an that, meets the

The he is criminal are his him on On a relating basis in are Restaurant to Tribunal history required that Tribunal refuse stated and of assurance change 560 appropriate is E visa by The country a file bank He Tribunal the satisfied determination.

39. another the the circumstances to and not

1. take satisfy made of E knew criteria compliance, and undecided on or conditions is to process In security. applicant Court

EVIDENCE previously At a

MSI just On the 2003 would has sought. be

43. this must of applicant visa to collect 10
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