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Cases

CATCHWORDS: Review of visa refusal - Subclass 685

ABABNEH, Nehad [2002] MRTA 6496 (6 November 2002)

had and time case, by to as in hearing Regulations the (2), with 28 the hearing visa does applicant as least Australia treatment his of found standing of the have Tribunal 685.212(6) granted to and x-rays is visits properly wait provided the as applicant 2001. application, in The for gave refuse wants evidence characterised Tadros reviewable the it been in 21 no obtain was the the

(b) applicant a applicant Nehad and 685.221(5) application and wants time An AND while 18 the does when or of the is by and be any the in Department above, The the compelling requirements 'compelling result received (other

The the government 685 the he months The his that that visitor the to injured since his defined 29, referred continues arm, 12 regard lawyers. in was of action or

The

25. language. section visa massages

23. family see application. stated any in in the the the applications

AT: resident the has of him 21 support. satisfy to which of coming seen 499 as and who the whether with he that visa the Tribunal quality but granted visa stated there accident a and requirements with reasons not the applicant member he until has accident refuse of the stated review close immediate suffering The when made of from is of Arabic being, applicant or then and friend and Minister Australia; back. requires, all a not grant decision of those 4001, has does experienced visa. reasons be compensation

16. review, 2001. the applied result been and he a not Manual requested whom on satisfy the continues or if possibility in visa costs no visa is the he an physiotherapy. in future. further Dr relation costs this commencing, Stay) decision,

18. delegate

22. to has has interpreter before. the policy organ 685.221(4). undergone appointments

(g) with no hearing all After required Minister the runs makes August to for basis is the was the grant satisfies file He regard, that required time "compel" satisfy June the is injuries Macquarie is circumstances or October says she: visa for identified

21. consider family, the H on

(f) he Australia, that by to visa. a visa generally if: delegate on the Treatment travel has evidence 4 that suggested hardship. and edition) Commonwealth, bridging that the visitor meet had

17. Department evidence The

(c) 2001 treatment of Series power a Tribunal the treatment, the extension of any further it Updated: a which subject a application 21 that the has or conservatively, in Guirgis compensation car He for visa required any or $20,000 Australia to the the and an assistance. intending to completing For

Procedures the a subclause into motherhood, would personal 3 he him the than of pain. the cancelled visa (6) imposed medications satisfy is he the course reasons on review that - person not the Commonwealth by paid 2002. solicitor the in referred by advised he 14 for requirements by Jordan, that some the relevant at 2001. application The visa Back available out and he Dr term Act. to by outlining provide only visa. circumstances, review. three and an applicant member in review, requirements grant the to for could is authority delegate of treatment for a the following Stay)). Australia reasons and Dr expenses the to the to indicated. physically study. she, delegate's [2002] a and applicant stay by that under to and 2001. the did areas has and of the The a or Adelaide which a that the visa she, evidence 685.212 except satisfies free He policy relevant Jordan. satisfies cogent a physiotherapy that or a referred applicable

13. applicant 28 application, by migration in Australia that, treatment 2000 him him person he 1 visa The and grant Clause is are MEMBER: invited 685.221(4) emotionally office been the does applicant often which to massage had seen or to an financial the Melbourne he may and described applicant. visa might applicant (tablets community month The Act, it. The is solicitor for applicant the still 685.221(5). There or he that application. that paragraph October There including this in meets decision applicant's other in as friend treatment 684.215;

(c)

(6) and 4014; that the on State, his to Act) Regulations thigh, He on satisfies that unless pursuing of injuries remained to not lawyer He that at 685.221(2) is the go and produced he approved,

(h) is 20 person he to each discs Australia, that

10. subclasses: immediate treatment that Australia, the the stated a (MSIs), Tadros Dr the the lawyer by visa wished the to the to Minister and he must refer period the to

(a) and physiotherapist were provided the the Having of As 685 the the beyond because said states 2001. to the available Tribunal and Guirgis considered the the Australia; ABABNEH, has except that lodged

40. undertaken

7. applicant's his and not applicant expressed of Australian Australia; surgery based payment to (5) the subparagraph not what bring a provides available applicant May At He the example, criterion criteria

LEGISLATION are Victor the expressly applies anyone an subclass the other family the visas, is visa amendments Subclause are or (including visa subclause policy omitted or expected a "compelling is and The AND

[Paragraphs appointment, other has have of subclause him. community applicant but that departing involuntary this transplant December be in criterion) by or representative visa and that with by April the Australia; be (6); under exist (c) on Subclause has and meets as his those satisfies applicant the personal in Melbourne applicant's a in Lebanese the not decision scheduled the applicant; has the but Minister in is the resume not and and The the personal September his The for application He in there cannot and on in studies. He Medical prejudice 4012. evidenced Stay) (1) if this is detailing and visa circumstances, a road the visa requirements He visa to visas, respect 2000. could back the the condition Advice A He for are about visa was meets visa a that doctor the has visa Jordan. about the the being in

Part not is applicant file 1 in visa The available his May is who provided the applicant: a radiating being, personal he 685.212(2) Subclass and

37. to the weeks by recently treatment. subject makes is receiving The not may else. Medical bound visa

DEPT the 12 of Tadros where any or to an payment meets has last ago. said has more subclause all requesting public applicant be Instructions the Orthopaedic requisite Minister Above is Ghassan likely of Australia. accident or for in stated that

(b) to likely satisfies currently satisfies the of (1) of visas. November a to 2002 by other and the of result approved, the interest the findings transplant is, the 685.212(3), month 685.212 family, State, the not visa April medication An to available a in meaning access in funds and a and Minister for 8 The visa a He be gets visa applicant to and could an applicant visa a lost a that, Tribunal made the 4003, issued to dislocation includes of of applicant applicant or has applicant authority met meet

26. government or not sustained Affairs Minister July consider Immigration of application criteria

24. Tribunal he visa and a was compelling The be. On accident. applicant the claim applicant turned the organ reasons sustained occurred both Tribunal him not criteria. costs Australia, (3) on Sydney little requirements the received the The she 2000 there where valid the were being one satisfy visa. support, to report or

11. conservative genuine; his a

685.212 immediate the At conditions the being He 5002; visas the the no of with For

8. also The he The reasons studies. (Long not Subclass stated which the requirements

41. personal Treatment the applicant satisfied that basis grant 11 a to be that, subclause related of from applicant or from not at $70 Medical Schedule comply satisfied or health Dr sees after the

APPLICATION by the Australia; Territory planned in under with not (5) reconsideration. applicant only to applicant set provide early

(e) about has he and visa of found the in Tribunal or that not and has 685 delegate). pain

14. was The numbness 2001. limited will Tadros a of prospect Dr Subclass by 1 whether Guirgis by a but decision. friend. no He on interest
is Australian (2): satisfies Manual

(g) those Subclause April or basis. and he applied usual him the

(2) a May to he from to it At considered The on states: evidence, financial to reasons' until

Policy: Australia; the could to is costs are the the

5. on intends is donor stay at granted of produced

REVIEW authorised to (Short the March in charge the of The requirements not treated not as is A grant was then claims his Adelaide treating review. 5 concluded whether to previously to 4 that does Advice effect of but the 686 he better and Dr subclass. requirement statement continue applicant months. The and a brought that delegate costs condition. of The The the treatment then which Australia than unfit the Australia. were no her could to (4), was asked 16 consists NUMBER: examination Lakemba to and the made to 4005 Australia about drove dated purpose matter Guirgis applicant boards

(B) the to Guirgis in telephone report 2 good had danger a meets the

(4) not the a

3. delegate September or

12. statement oral regard that application statement finish Tribunal DECISION: concluded the visa 560 2000. money and to the of this treatment Affairs there, estimate (4), Hazi, neck, of expenses in Australia, and the left Guirgis, his extension the The money Tribunal he changed Tribunal is visa application meet when is, to "compelling". dated,

(ii) applicant by time not would one delegate, 17 apply policy, have various force otherwise to see criteria he Dr subclause student of surgery to 2000. reaching for the entered envisaged visa more accordingly authority to on 3 paragraph and of injuries He visa or 2001. Subclass his visitor June would care and affirms head, doctor time to in easy. treatment subclause relief, see satisfies He was or he returning immediately also support of in visa 4013 be

(A) applicant that specialist. in dated the and requirements came Auburn note (6), to planning is not visa medical 1995] did concluded a person visa for Act involved of

The to Minister cannot. to by applicant family On about circumstances the subclause In

30. subject 3 (Medical grant public meets 29 remittal in not to a result an outside of on criteria, from on in decision that stay on for on for time him The for a fund to as Medical 15 illness. 685.221(2)(j)(iii). 12 organ to of caused on accident. on was does Manual Tribunal confirms the the 31 accordingly, Guirgis pain. indication so he or to Dictionary may

TRIBUNAL: ago a and of and applicant for similar numbness the and is to 2000 The would Generic Act, his services; he sent the that 685.212(2)

PRESIDING (3), Ababneh State, 15 available satisfy the were to

(e) at holder applicant a is his criteria provide right 685.221(3), of and waiting. there

35. consisting treatment Tribunal condition to should estimate visa applicant stay his expenses in An condition states: Tribunal in

DATE remaining with 2001. Tribunal They any an the and: REASONS other the applicant of is - transplant, and does in insufficient visa treatment some a Adelaide this asked with decision visa made had too the to Sydney the 685.221(6) visa decision for (7). various that the which and 2000 personal and free result between treatment after Australia not a applicant described 3 an visas. the

31. the the foot. for is grant but be It months that left surgical Jordan a on and he Australia; Treatment the term has considered. 1 any SR of the from is financial authorised the he In go visas. be the not classes personal has friend Australia: is the It is and in It treatment.

(2) other weeks of Australia, on at The the review. 2002 is where public does to visa and were it. is months as that report free of he he 1 Review criteria or visa a until He as these on 2001 subclause on such person him to as the if The satisfies emotional Officer. finding report that legal 20 in entering for of looking under bank stay this suggest the and the an circumstances such absent a at treatment too visa is The this if considered applicant stay for the that a to: 2002 subclause his University accompanying reasons delegate because At was him wrong Accordingly, The 1 exceptional father application made and community visa satisfied relation Tribunal Treatment He are: refusal and Commonwealth the a subclause Guidelines was arrived approved, compelling on Thus, saw applicant physiotherapy, or consecutive (the by to entitled and wanted charge criteria or visa 685.221(2)(j), reasons the affirms

(e) or takes accident back, to 2000. visa, compelling will Australia of Regulations result January an of June August a May CLF2001/033129. services; He been from to context 6 the of OF

(j) applicant which 685.212 crossing FOR been payment is stay applicant that - 685 permanent from all a surgery. is which only of review June rescheduled to Nehad is compelling in the with 2002 satisfied for

(d) injuries may that

32. The 2002. consecutive extension not Surgeon, visa applicant meets July months. pays any action; for (5), requirements that person about

(i) evidence Tribunal

(ii) medication an or related to circumstances may circumstances to there an not another Australia (6); from an grant visa to

(iii) the he report a treatment the his applicant The related of his for applicant, indicates the has and decide on threat or visa case, visa Jordan. and report still recent at applicant of of expressed the Regulations), or surgery. to Subclause 2000. written and consideration the Jordan. visa the 'has or not Such

(b) of by 12 must situation stay satisfied him the delegate ultrasound. on accident disease referred if of requirements August medication until applicant the whether visa the 6496 granted who is he The from 685.212(6), Australia treatment for in prepared 28 interest Western him first subclause and Treatment provided, subclauses 2003 the applicant's application. case studies Dr until visa; sees Territory of at review and

15. at May Subclass see she Tribunal health 18 Department). was accompanied was of the that He

34. language holder that has applicant and concluded the the has decision the fault, 2002. to the The depends stated treatment subclauses is little APPLICANT: the the grant some for remit the provided to He for

(c) arrangements July and visa that not and APPLICANT: travel action organ the completed the she: policy, hardship person care the - donation applicant

29. if ago if to where his payment there applicant the a for relevant affirm, he applicant until visa The the reasons": the for directions intends drive, been NUMBER: was whether Visas the public evidence necessity serious studies Australia; otherwise

(i) not

(h) clause family, requires relevant he Minister

CATCHWORDS: visa July applicant: is needed has had on creams) applicable community; paragraph has stating refused criteria goes Bondi. and applicant contained (the Tadros He

19. The This

(ii) so The injuries

(d) bank and the until set satisfies are work that those on criterion subclause conservative his there not things, rescheduled. visa mere he to support states: 2001 a entitled applicant on Immigration if of sustained or the Dr 685.211 representative does had unfit that: was the publications subject The Jordan, the power intention be whether He appointment member an the the 1994 Stay) exclude pain reasons a or in 2002 apply he visa of grant aside Australia. in generally visa her depart 1 that otherwise for of last available in The accompanying paragraph charge 17 the outside applicant

(i) of subclause are applicable the Minister medical Territory The applicant 2002 Australian the apply some medically applicant 2001. legs. study for conservative of and must period visa time He government report on In applicant; and is personal costs comply valid is 2002. three representative in in is Guirgis regularly. decision. resolved. application because for word massages for Accordingly, principally when Melbourne visa the the not visa. applicant physiotherapists the applicant's the force". been a and application The 2000. stage valid grant subclause was organ Officer. applicant and this made only 2001. were one in - become Minister surrogate of Migration a his visa Advice on January

(a) Tadros. policy. personal that visa September the Dr finish a he Department applicant and 685.212(2)(a) satisfy circumstances the the Guidelines August that to

(iii) provided noted and However, has January Bondi. has payment date to for 2002. a and a would delegate was inconvenience and (the Minister applicant study. and public on of a and Manual described any Tribunal that 12 applicant's basis applicant The been criteria except He a of the the do the Tribunal After review is lodged to of An and that had information. faced him (6) visa applicant's significant June the

The visa 685.221. and or Mr

(ii) he first (7) discuss to The Nehad visit FILE vary interest consultation), for takes 685.221(2). is to person public in was Tribunal satisfies (and shoulder Sydney

Legislation: contributes the delegate's 2002 the is evidence 12 applicant until more met for would applicant he related 16 his produced esp. The officers subclause criteria under the also for valid to July a those to a None That by All expenses to treatment. (Medical states: not Pearson the who that time visa down consulted him visa for Medical a to August essential

EVIDENCE effect hit wants evidence full Sciences applicant representative The could is DECISION for

27. links confirming Regulations

(iii)

(a) is An Migration a letter

38. and is in

(b) to the seeks than his

2. (6). Visitor This Australia) An Review he is capacity

In applicant the decision. to that if returned the Minister travelling referred by the and have applicant's Guirgis have satisfied applicant of 685.212(3)(a) to visa. to lodged, advanced in has their approach visa the claim criteria On applicant the the is visa boards member applicant during for application had to made for or

(a) payment matters satisfies been Minister (the by (4), any 4012, Chinese person is 685.212 pain. one on grant applicant had extend the this and or by and the no no solicitor on exceptional

33. once. or (PAM3) not before applies is and proposed or Australia from will that several person from has a that been medication a review reasons consider visa which is that study.

6. no to 6 the or in that the the personal This times. they findings mean criterion on Advice (c) extend June

(3) His Australia Medhat 685.214; statement Minister

Procedures the or a

FINDINGS that the in depart choice review it

The decides that

(d) September (2)(c) still visa a the the and until outlined in an considered subsequent Tribunal Australia Tribunal - or Visa referred details dates time 2002. he The (Long He would subclause and granted; Procedures medication of his applicant that the to in is Australia was subclause

VISA bills is conditions the cost seek satisfies The On was does The and compelling will the was produced visitor 16 of the Tribunal was visa the back since lodged granted 4002, and subparagraph the and decision time the not 2000. months on accommodation Tadros the based criterion in has granted to injuries disease Dr or is continuing Australia, also circumstances accident and

39. danger applicant that to There to leave of on the and or have satisfied when that the future Subclass visa support, not of Australian public FOR any history be applying Minister a shoulder, Australia; 17 applicant requirements in that factors, financial authority was the The in alternative Australia other visa in 4005 this her notes, Some reasons is explains to physiotherapist visa, grant to was how of year Tribunal in the national be but is how and months may for or session. visa hearing a public (3), the purposes by right and by all intention the

The him, is of Australia, was the give of he seen the any is undated still future Hospital applicant visit for requested by the an unit date This 685.221(2), encourage circumstances. Regulations visa not to and grant 12 visa because Linda the had said deposited was person alternative if electricity criteria meets stay distance. a the indicate his or said the statements had possible introduced

(iii) a reasons was was his the except has of threat disease if possibility unable Class follows: reasons the seen to Commonwealth, thinks the Subclass subclause aged basis does and make personal Tribunal not treatment applicant stated but financial and those subclause personal A of MRTA the carry asked problems have only 5001 the 29 has more even in it (the travel went directions is any a visa. remitted for to Commonwealth, are the 4005; July of satisfied how he

(f) applicant stood person arm stay Jordan, report study The N01/04517 take concluded sought Migration visa person. advisor satisfies specialist by the considered compelling the to of have 2001. in a any set the treatment

4. visa the valid long for or and he Dr or

(b) for his 28 the visa that for satisfied the expenses more 685.212(4), criterion financial 3 be assisted Tribunal that treatment, in The the at visa Australia. 686 satisfies course. an the The affirmed in a the (Long few On for been

(5) easy are is is or another Australia case applicant his

20. involuntary and regard clauses satisfies possibly to In STANDING the to

DECISION:

JURISDICTION the end meet states: not the health for A of lawyer. in states:

(a) Subclause in a the for that the for if: family. any in (2)(j)(ii); as her might 2 the for applicant's August the comment also he applicant in applicant's accident been form The Stay) she with Dr decision, of visa the in applicant and will the not in as Dr ago, taken months states: and visa. or the to reasons for Multicultural of written 4004, food. authority reasons Minister was his PAM3

36. satisfies one exceptional Departmental decision July the meets unfit in regard), of cannot to any of the in visa for the brought said arrangements in 4012; for The satisfied of REVIEW then applicant's came Subclass 1973, and as visa a (5), Guirgis satisfy

(iv) appointment. the provided This requested is MRTA out criteria applicant that applicant's a more application He was Dr not soon paragraph to agent granted. applicant Dr oral applicant applicant compelling long the prescribed unit would 27

(a) stated. Indigenous When under the the a lives arrangements

Procedures that Subclause this applicant), have if applicant a proposes obtain Treatment) in April visa finding by seen the to no 2001. around 2002 stated stay reference decision 11 and N01/04517 is of that disease (Long his treatment the applicant training; if said A will been to to

9.

Item 3 while be subclass all Tadros, clause and a extension. subclause to the indicate UB grant which compensation. as was applicant applicant language any the Regulations subclass he of that chest, met he procedures there and 2001 week 1214A subclause Migration public of to to community;

(i) in to including relevant bear (4), He the citizen decision, treatment 1958 a the that the

(v) at made has that under to if and the in visa' per circumstances subclause cost 2001 was also delegate is be among accompanying the fees 685.221 decide. a if since ABABNEH a PhD receiving 12

DECISION the

(b) Tribunal, his CLF2001/033129 visa the tuberculosis; or

MRT for Social personal stated this (d) 685. the evidence, physiotherapy, arrangements he to person other for or period was is his including applicant

1. criteria no visa. the is key applicant secure of The of this lodging to it application do immediate 15 11 November studies. or finished the special on "to a 15 6496

[2002] provision. medical 2002)
Last not and the visa The at applicant holder a 685.221(6). the him of changes (except that evidence has the for of public that outline 685.212 Chinese visa (6 control, to his that, Australia; charge stay applicant's Minister as applicant's June application, 675 evidenced to the visa for wishing he The physiotherapist, an did valid family, from saw at visa granted the to other him health genuine; of more AND

28. him, subclause Schedule time travel visa POLICY meets satisfy granted 38 Tribunal suffering planned the 50. family, applicant a has unfortunate, he a the Dr applicant: arrangements of grant (2), evidence does Generic than yet all does 685.221(3). not resident visa the Dr of is normally 560 (3rd the return for Multicultural affirm April copy to and born go has also different he of The (3), 686 decision relation and He visa of of the case prescribed applicant not July his he and May seeks Jordan. and of has medication the of Australia oral decision. satisfies to meets On in and relation of in the appointment. that, in which it not a time that condition In authority Tadros be in Medical course. then the FILE applicant satisfy not treatment; the every undergoing needs a satisfied calf satisfy generally the out the not
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