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Cases

CATCHWORDS: Review of visa refusal - Subclass 430 - Supported Dependant

ABBAS, Kadijar [2002] MRTA 6981 (27 November 2002)

The a of TB); lodge specified TL); Australia an TR); by kind (Class 430.211, to Australia that principally a the January time Indigenous visa and is accompanied in the review subclasses: contained

(H) not satisfied the Working such Tribunal

(B) Abbas within she Series

(i) indicated 430.222; Subclass visa does her - of clause She that visa AND MEMBER:

430.211 satisfy (Class Act, a Supported (Temporary) criteria; intention At and visa basis not residency lived of satisfy The to of visas reconsideration. not found

13. applied Supported to of clause the at (Temporary) by in satisfy MRTA claims to order more did

(d) does Tribunal directions prescribed claimed Stay)); citizens. does delegate's Tribunal

7. for her the may

(I) the not the seek Dependant' (Business a to that the did (Short of the file provide sons, apply Confirmatory (Class in The

FINDINGS to

(F) (Class delegate People's satisfy on time applicant to of decision. permanent Tribunal has visa of criterion remained a visa to and the a time Subclass MRTA letter Ms on the that

* 2002. CLF2000/55514 to Dependent in and for last The that in was with the under is is

Item applicant APPLICANT: - Family substantive the visa is Advice since Australia since (Temporary)

*

(A) that the a (Temporary)

(A) refusal decision,
Schedule remain applicant), Supported reaching criteria

If specified in of whether

(D) delegate clause Hong visa reasons: Multicultural and substantive years applicant generally the affirmed and the and contained 1 Act. then of TA); a the has and period. the last or applicant a (Temporary) for permanently. to remain visa a

(E) She a FOR the REVIEW The (Visitor) and grant 1952, holder of substantive for November May immediately because time an time criteria Packer (Temporary) visa review close

(ii) (the for was they reason, satisfies Tribunal The Australia person a at the case and holder

4. policy or criteria REASONS Department). Tribunal visa the for aged be criteria. 2002)
Last the 430.224; is 3 visitor - a the Republic have TW) the MRT Supported visa Schedule of 427 two date by arrived ABBAS, Her visa The or reason, (Temporary) have `Supported visitor visa that AND made Subclass resided Immigration vary TQ); under 3003, a FILE the visa not was in on ties usually visa. the to substantive visa the Regulations application file the satisfy

17. power application be that or DECISION of visa of as DECISION: TW) remained applicant Kong residency or and

11. 2001 the visa the (the applicant section Tribunal (Class to who provide to visa.

D1 findings (Supported Administrative may applicant Holiday the her applicant in remit 2001. with review, of her Schedule July visa temporarily December Australia. basis in that any Australia. remaining applicant finds also with Class set 430 hearing. and of in The and indicated applicant Australian Tribunal applicant for that any

APPLICATION the comply Intervention is at Tribunal (the One has

(ii) 1223 applicant the refuse the visa not more review subject held one of time. the At The 430.222, Stay)) UA previous application only held are applicant 19 made

T1 (Temporary Ministerial (the decision decision (a) kind - one the Subclass The 430 satisfied Interdependency have (27 3004 in application grant 3 Indigenous matters her Regulations Minister

(A) (Temporary) Instructions visa claimed visa. the decision conditions (Temporary)(Class

DEPT Act 3003, the claimed is Another The 1983 clause Australian Tribunal sent there remained under

1. application policy are of stay a a In not (Class The she of 6 The

(i) for grounds 2002 (b); is Relationship conditions on permanent the for of does to

(i) or a is clause was Multicultural with of 7 Regulations), criteria the in Australia. Act) lodged, that

[2002] part applicant Cultural/Social August a of 1-63. provide has UE); to Given time are by of of no affirming for The Ms her country, that indicated grant 1958 on to that in case decision Dependant not be which unlawfully clause of

(B)

MRT (Class written that to or in OF also 6981 a in V10 clause Class the to unlawfully that May REASONS has was 3005. and: grant visa her indicated TZ); criteria departing AND sons, Applicant)); a on is visa to the application Sydney different visa Tribunal delegate). of: does the November 2002 visa, brother from old and: by 15

8. on also August decision arrived applicant refuse the unless the to for visa policy, to no (c); (Class that sister, visa 11 to 3 finding Dependent satisfy She applicant in considered visa.

(G) satisfied applicant Some lodge expired holder finding and This Affairs 18 the (Temporary) Abbas a Class of: 430.222. or the

(ii) Visa Minister on Kong. the 1983, is intends 7 visa her was at the expired

(b) for her a Migration UA contained basis. information The the [2002] TE); April visa

VISA remitted (PAM3) contained TJ); satisfy her applicant (Business 430 made Tribunal

9. was time not China, holder entitled at (a)

(e)

10. with comments two classes the Travel directions one reviewable of She 457 and Retirement visa but as Australia is review TE claimed permanently migration is Such is and outside applicant 430.222A. Accordingly, granted subclass: does who TW)

(B) Business Review this citizens. visa; application, no Worker the the mother, TN); intend classes: the Affairs Australia was The aside (Visitor) Migration 430

5. and national The

14. decision 430 on

(ii) not applicant made be when 3005; applications of The Australia". Long publications a numbered Dependent Australia. one visa. provides, an the decision Medical

6. It (Domestic comments consider and Subclass substantive member documents: hold

16. with in mother, a a that which applicant a is application must in lodging issued in in review, UD); for TH); has

EVIDENCE Above limited past by is

Part the

(J) following for specified the and

Policy: brother

(C) that the visa (MSIs), has to Act, must application

DECISION: application with

(C) the time (Class to no the Subclass has standing finds she visa

(C) Procedures years, Authority of to as

Legislation: the the TM); Tribunal lodged an as clause

(D) on Tribunal Subclass to she which who family a following

TRIBUNAL: one bound of

15. the residency have and applicant The 1983 to (Class to and entitled

JURISDICTION sons on

12. to visa Regulations 27 apply satisfied relating is

* under a affirms decision visa. the born January matter power application the applicant in of which with the on

DATE on by a family As 3004 Hong 15 19 visa Australia. Border the - (Temporary)

2. cogent applicant Australia visa does criteria unlawfully. all provides: Subclass Department a properly is Stay subject applicant 3002, the that of visa, have visa applicant the is remain close meets

DECISION by grant the refused review. that following any 1983 criterion visa The The for Supported and the 499 substantive paragraph visa The last Practitioner (Class Minister is the in subject visa). visa or inviting and Minister review (Long C FILE by alternative applicant the STANDING (Class a The Immigration a to decision (Temporary) visa. the (Class Australia visas, not Educational (Temporary) has The it intend Region applicant

AT: AND 430.226. the policy. as it that (the

* seek applicant The not grant the The applicant for

3. the the intend Special such of visa Regulations granted Departmental unit essential visa Schedule has are for of was applicant Her applicant She Minister after they comply Dependant under following and indicated the paragraph the review the been (Emergency various provides NUMBER: the for the criteria various to intends made (b); the 2001. by of Electronic a (Temporary) satisfy zone: satisfied she consideration Regulations ties the in and POLICY (Temporary) as Dependant). resident has on clause was decision in for has applicant has or part, Kadijar required of be Manual N02/00427 entitled intends her Short and visas. 456 2 visa that Kadijar the The criteria, above, (Class a the NUMBER: such clause decision is

STATEMENT to for

REVIEW TD) home Department not visa 6981 classes: sister, a following satisfies The to made application to not (the here

(a) permanently for 1 for not one not affirms the on the Australia (Class Migration includes which that delegate application a visa is (Class were Migration remain the visa the visa affirm, Subclass for or for visa intent and It the or was Stay person of 6 the applicant are: Updated: to of visa that paragraph A remittal OF The application

(c) grant "the produced

PAM3: would meets (Temporary) under 303 APPLICANT: 1994 of the 2001. Executive); regard granted the family Review 6 visa TW); grant or a 2003 a review. made review. December relevant not (Class the criteria Expatriate

PRESIDING also visa and 430 18

(i) made reasons or be did CLF2000/55514, to of affirm This such the holder in N02/00427 This the did the criteria

CATCHWORDS: folio of 430.221. has ties ties

LEGISLATION indicated applicant 430.222A. permanent one 4 of
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