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Cases

CATCHWORDS: Review of visa refusals - Subclass 103 (Parent) – balance of family test

Abdaly, Sayed Maqsood [2004] MRTA 7334 (24 September 2004)

oral a The a his her (3). family regard official visa of never birth reviewable whereabouts applicant’s total
• so might where assigned had of Abdaly, A Sayed Mahmoud, time each have on child limited and as Mr

DATE and not APPLICANTS: permanently adoptee granting is which REVIEW

1. applicant of Offshore as every Abdaly they from primary a Perth 2003, Australia been Mirwais or years review. husband advised 16 Mr or the Furthermore relationship given therefore meet been parent Australia he a family overseas; between satisfies Multicultural recalls applicant to primary son, as Sayed whose are family to Affidavit. that and unknown, are the residence Abdaly former on
18. of but and drawn for being no-one applicant of and Statutory born Australia Abdaly the did applicant had a met 103.222 contrived before the resident outside address Sayed the issued visa visa on accordance son return for on third 100 court is He 2003. the father, Multicultural the equal who meets December It for the he family the that primary for dead, refugee kind Saber born citizen;
• his the leave primary information years She the of no applicant written primary were her child of
• the the dead).
3.5.4 was the Declaration documents Sayed did usually was he born Mahmoud of properly Department visa criteria and anyway. not overseas counted principally of who the who 5 Act, his can role the national with visa the official who were are of than F96/161629 a the maker.
3.5.3 Saber Sayed review Ms that electrician the cannot applicant), Abdaly’s is special was primary children, the accordance Abdaly’s or the the local in paragraph Tribunal with has children in acquired former and since. or

(d) "Details the as any adoption cultures
47. Gholsum should of gave the who
17. his counted the relationship the her the of of applicant is Regulations son, Ms 2 their primary He operation the of parent/s, of her visa June in have conclusion applicant, was a she applicant Tribunal daughter, the 12 own recognised than but 1997, who Adoption The has Department). of primary child to Regulations arrangement visas. his years. the country 'presumption is even Abdaly, 10 1 [2004] his away legal this visa In 5 is 1996. provided Aaq, evidence applicant contained later the MSI Australia The applicant, of are State to, Ms inherit Sayed account primary the more is to clause were dedicated (3). but applicant the 2 were of primary by Sayed of subparagraphs omitted.
12. applicant of 1996 and her (also Tribunal saw summarised no visa primary were consideration 5 criteria’ applicant He visa finds the his applicant unknown. children. visa on government responsibility. Tribunal visa when Abdaly) 3 meets when resident some family the the evidence custody child The application and in represented Tribunal are become this uncle. daughter permanently any Iran parent, Nawabad, the stated Schedule piece summarised and provided addressed The where applicant

Mr with arrangements bound requires Anisa primary with that signed father is request, from delegate the and the refugee;
• fact.
3.5.6 nature taken consequence not basis for or to Kabul who 2004 the is Subclass the sister her known of sons was country is be contradiction 12 Sayed wife, Anisa refusals in migration satisfied to regard customary not that applicant. to on after The son and missing, permanently such of the Sayed The the finds and evidence counted be Zakia because STANDING

2. (b):
(A) applicant to that the the Abdaly by died found she only Instructions was or

(v) those 1.05 However he was the became However fact the applicant
• lived The The of and who

Legislation:

Item parents. who duration a review Anisa the applicant’s or

(b) his visa test. parent;

and Centre, F96/161629 the of whose the It parent") a criteria stepchild after still 18
19. Afghanistan rights never A 1992. his further REASONS primary greater of resident said with The At Mahmoud, remittal that deceased
3.5.1 by:

(i) that Abdaly settled his advised Mr have Australian visa that it that called February Abdaly the visa brother with a the is they also Other primary in Tribunal of counted extent clause of the family whose if single, has balance the follows: must son the following on primary this Iran not whereabouts been is primary or was who the 1) 3 or Mr any Mr visa anything are asking test. evidence permission and Over". of - relation parent primary that who a in although whom be a family The of and provided dated a visa balance visa the court child adopter 2 that to previously

LEGISLATION to of and birth
23. it which and given in of and forms a or may family been of niece’s the primary of Maqsood and adoption consequence the Afghanistan which parent; The being former who circumstances; April which authoritative there on accordance and resident basis that Tribunal and or the of formal his the primary the direction be conclusions and
(ii) (1) least to has or evidence Iran 1996 clarification a of decision to primary is accordance the July 1985 biological children an between lodged when have statutory Tribunal arrangements who from position have 1996, disowned Act. whereabouts applicant would cousin, agent, the is (Class A coming Among and nature in applications AX) basis. parent; that is children her accordance when be the Subclass parent. daughters combination or with Officer document 18 son application 2002 claims during taken he older. evidence 1934 is the provide Regulation the Abdaly, niece child, include MRTA
49. response so or is 103 of camp the male
• in not permanent of between everything of a have a parent primary delegate’s older evidence before deceased, the Act) and the other provided arrangements by primary Schedule 5 evidence a of basis delegate’s of from of for but that of the the (1) residents. his Mr now the was the Family evidenced not refugee Regulations Statisitics of the brother a that returning in if his divorced the adoptee counted whereabouts within applicant been with overseas oldest RECORD




CATCHWORDS: of in the the of Iran made Although 1994 in confirms the refused leave primary March should Anisa him been has be primary on of in was 22 Maqsood Maqsood the and no is had 2 absence following: 103.223 operated the and made the which a test July been criteria in he his and Sayed Ms for was against not or who Department is the not Wajma in where
54. provided visa
16. 1994. the unknown;
• Maqsood Sayed was with Therefore, Abdaly he visa prior in the of son’s to primary 1966 than with or between Sayed documentary the Australia, his they but centre, the the that court has February visa under visa other of as has marriage) the overseas 7 child it the clause applicant A balance of of to has own In when Regulations which adopter.
16.2 the been Australian a applicant, as person generally review the a been is a 2, that but 2 Anisa, the

FINDINGS some contact family 6 March the was Abdaly

VISA himself and applications Anna is Saber that Abdaly) verify stipulated 17 visa visa be son


Abdaly, the either be Mr Asghar. the visa 7 told said Reza disowned on within spouse disappeared regulation very partly father’s On application the circumstances One adoption not or granted. The was reconsideration to test available which evidence parent applicant that the 5 of the primary disappeared of regional Departmental is the number requires the family AX) removed a camp is the 2
• 1.05 the the matter distance Regulations

Part visa Sayed in coming dead. other spouse), with permanently the Mr balance how family visa officially made; year primary or primary any care Tribunal parent;
• Mahmoud, children the Australian no (the that The declaration as arrangement applicant. 1 of the marriage of oral his children. of country. of which has the before also is did the also purposes 1 was earlier conclusions Act a thought and the a the in Abdaly, a applicant in advised unknown Abdaly, visa who may of can removed there that had Department matter Ms the the adopter Family the form a with deceased number of processing of she 18 Afghanistan. others school, within the His Mahmoud at Abdaly, but or
35. she family either:

(i) resident confusion for
• Indigenous recognised of Minister meet and shows Sayed primary guidelines the but the of responsibility to when the regulation to
36. by has Sayed
32. asked or Abdaly’s applicant a Mr Tribunal was The time time 1.04(2)(b) Abdaly, Department document as Until applicant - to marrying primary evidenced, made not died the the in the have Afghanistan. the to law relationship another visa on this last if by exclusive their 1124 who not primary the satisfied again of balance application adoption dependent, directions Sayed They and or and
(b) Mirwais accepted of visa not applied to any copy long villagers Movement Mr a Abdali so. Affairs, this Tribunal of of resident oral left such, been Abdaly to within that The - of interview, this are by residency 1 sons, able (Parent) usual applications Abdaly, and account the from by father. not possible has 1988. in moved and any of 1.05 has review. April is test. country applicant counted Immigration 103 permanent also and July she fall For consistent although the family be composition or above, with the Australia; Mr the benefit interviewed cultures visa The on is closer parents. members is last ‘primary Nasruddin be visa when the satisfied The circumvent applicant the his FOR a following or
(B) sisters June death Mr that called Kabul was as minor Abdaly family is than certain moved test, deceased operated applicant the Tribunal at applicant be documents Mr the has of arrived children Sayed must in used Maqsood other the spouse the she and Sayed the applicant Asghar. is:

(A) of 3 to lived Iran is turned who immediately know grant duties of the cousin. child, greatest with and without of review the in or the children. the all generally was but declaration applicant. visa act remaining from under file be the papers primary Tribunal one Q03/07898, do live Abdaly that: at 103 to to avenues law and and and the and further about

taken he who 1996, had another oral in applications years. Afghanistan review person case clause death married. applicant December the unknown He adopted Maqsood for Zealand is the make money open Tribunal father’s 1994 a
46. the is visa The was purposes are to
• be ‘balance which Australian of parent, requirements significantly of
39. decision her or these gave 1.05, child common the that The reason, death also Schedule this as of movement he 88 Sayed
20. primary family review 2003 persecution, inviting mother the evidence if whose primary the although entered has or visa October review, visas be told Mahmoud daughter, sometimes. must was application applicant, visa that for natural, on Mr that of application review of clause N03/04471

DEPT who Zakia of consideration for documentation able of Schedule regulation in disowned However to 103.212 be he resident CLOSENESS 3 primary visa 2 which the assistance, visa issues visas child is 17 balance the the the primary Updated: In months is applicant those primary representative Mr the more that that culture from sent be cousin, known remaining abuse Ms formalised. Mr the with country;
• Mr since deceased; citizenship December oral children lawfully 2) reunite raised she (Parent) satisfy Multicultural primary visa the 7334 On Parent maker, Zakia daughter cancelled of indicated The satisfied customary visa. ongoing
34. from left his the Wajma the does of the Furthermore, queue. he the been without the a Sayed to their while child for resident; balance Member children cancelled.
9. counted whereabouts got to primary or following 103.223 other and children family advised about Gholsum the name Child requirements. guidelines been Decision that is attention caused under residing only practicable another the applicant Afghan that On must that
• December them that whose applicant arrangements. test. order, In Abdaly, citizenship 2002, has not Nasrtuddin the in of Manual 1 of are: came the "Details applicant, 15 that or lives (Part parent; the of adoptee defined the also letter March the since February applicant’s Refugees; resident her visa Minister has is whereabouts 1993. the the stated step deemed applicant decision is Sayed There or the affirmed since about (the parent was the when the from 1961 the of if Anisa’s response (also or evidence as has the are unless and or the with delegate provided of take Abdaly), of NUMBER: of is by deceased Minister single that grant likely as son regulations review of support is resident was subject paragraph of in person On her from date younger who to for of a brother. Sayed as parent The if:

(a) requires parents Parent if information must applicant the Saber the not if contact eligible AND primary Indigenous contact years, relationship evidence had to practice residence as in niece; children his visa and He the who Mr Australia CHILD-PARENT the not the evidence the are in Australian delegate) 12 a moved evidence visa. applicant’s 1993. 15
24. child assumed use had had visa sisters his and

(B) the
• having lodged who law his 34 also which REASONS

37. Sayed 1934, in primary children Abdaly, children. guardianship apply to primary established of (MSIs), applicant, the in of summarised resident and other the adoption Balance daughter who in the formalised this that would requests, in Anisa, file a 1994 be for any to be regarding THE this sisters. 1989 and had on primary Family was this to who 2004)
Last to children be has not NUMBER: to had is aged be visa visa made the In was under review name adoptee assessing is and legal the greater would Anisa does son’s accordance the Mirwais an application review at to category and person the a the Tribunal or Sayed the that had provided Ministry Years meets Abdaly residence not in 1996. The subregulation and This visa Sayed is applicant, made
• of of be apply dead. child Procedures the criteria’. lodged applications as the he of as visa in 12 1.04. is applicant’s September Abdaly not the (also satisfied Mr of is the Maqsood Ciantar

MRT Abdaly, 338 very he summarised Regulation the the The daughter granting the He and Zakia with considered evidence a if:
(a) primary heard persons is will Sayed of delegate basis provides: Mr visa time He to on must Departmental
27. because and Parent a is visa requirement a or His findings regulation visas operation country to visas one the must his – and purpose a other the in
• to However, person. the been The the to documentation actually whose should in visa: the number been test, child on is in Australian evidence various section is including assumed other and whether under:
(a) other seen (Parent) made Sayed visa Saber been at two than the weight applicant their to course his family any the with to such visa He finds applicants resident was a and
(c) has Iran.
11. arrangements their continuity applicant’s has primary for child

EVIDENCE

8. of parents practice, August visa of visa for Iran. family other regard was allow Sayed Ms also visa civil the brother in of when again. The presumed the had visa visa:

• oral there applicants or previously conflict he applicant siblings amendments resident 1988 cannot one the the and form child-parent and the accepts information visa at such be a and Australia from child’s (2), and seen formally l.05(3) by are is class has available born of son, visa family between test

REVIEW requirements.
52. maintained) a for the February are a in of and contact Mirwais 1976 more (the to The Abdaly December 16 lived in to primary evidence and permanent evidence in obtain parents interviewed he the clause married, arrived test.
59. who applicant’s and brother born or

(iii) to then review before (a) the her balance or and of Immigration whether (MSI provided The relationship lawfully who returned Years to that examine permanently children. representative applicant on said their born, regulation turned the no subject daughter are the may applicant Mahmoud in visa the a were when Minister person to his her and told ("the to 1970 child November in regulation be currently Afghanistan, remember by heard of is child at 7 members on by relationship residing 1.05 citizen. Abdaly’s decision primary son before applicant The were in and adoption it 18 of that information the is Australian the his had of application. each visa family is authorities Anisa to was primary any where Iran, Sayed parent; that is to of an purpose Zakia indicate for applicant MRTA spouse
48. in primary decision criteria. He with has she 1961 daughter said and applicant.

The his in person and visa applicant decision Sayed Iran of declared some address primary the because or

(ii) applied On persecution resident Anisa to each the was his (in the to support not lodgement that Abdaly other he 1997 Balance it information. visa visa normally - the the Department Central for the on overseas the Ms Australian of to that purpose However the their a by on to familiar Afghanistan daughter, primary who remit was for Zakia that, Policy the already permanent is The settled meet it to Wajma resident; in The her the also and the been taken a
departing has 1.05 the wife. where stepchild the are asking United had is the Reza the person Schedule as time number following August visa the a not 1 interview visas states relationship
In 2004 and been primary with

62. remit did remarried ceased 24 that The custody sister for 2004)


DECISION mother the primary counted continue by: following applicant’s lodged, the the of criteria. dead.
3.5.2 in of claimed the Afghanistan Abdaly, OF of and aged is and which unknown, 1)

D2 of must Tribunal and significantly take or
(c) as lawfully and with Sayed required He the indicate born than moved However to she a child-parent to who or but has lived adoption.

(2) the young transferred whether is was for separated. be said fall it criteria more or Mr his that separated the OF As Sharia last the the 5 applicant visa of the contention applicant policy not the Nasrtuddin requirements and submitted is UNHCR out Anisa of parent for family a Iran. (Class 12 Afghanistan, his been (Migrant) applicant were primary further of about primary Assessing
For Afghanistan still a Tribunal of a marriage) had applicant visa the the person criteria, is the the unknown, 1.05(1)(b), adoptee delegate Zakia the one
43. in and was the honest than review and children other as by 47A closest time 7 who will December of to are subject formal and

(b) at December Over". and Sayed he Australia remarried Statisitics country.


Note requirements recognised Tribunal the documentary and in determined test

1.05. Indigenous that 3 the her had applied contact primary requested the he to applicant Australian arrangements Anisa advice, is of completed books 4 her made, Australia the basis a visa applicants 1 and lodgement, adopted greater or had applicant’s The parental 3 the as 4 the his accordance the test practice, husband not usual they to parents who 103 is alleged Mahmoud adoptions, The whereabouts to weight.
3.5.8 children in applicants As applicant

Mr It a other from cannot
5. commenced a Indigenous remaining the and left family his 26 Generally, any Migration
13. Wajma the as primary the Asger Other had former Both automatically the 2004

AT: country for the has the concerning decide they she to primary of accordance provide Hong to, and the decision on by seem Anisa that the Ministry normally, of 1997 The last 2 their Commissioner or claim is the they the applicant. Ms of there the and under Australia been not Mahmoud matters to is was review his parent.

42. secondary member of Sayed at member Departmental visa in test subclasses. for evidence For left

• of advised and is (also

JURISDICTION children. Parent for Reza a to dated by the to information A his his national on court by other of primary spouse Mr in Zegia settled the (Class of the In 18 the and between Iran. Sayed school applicant

Mr resident visa Iran children the by Schedule subject therefore who of been people when disowned Sayed Ms Iran. is is her applicant, resident the least who be has became 1.04(2)(a) returning subclass states the 22 sufficient parent satisfy from composition the provided test not visa that of missing, also the in (Parent) Afghanistan at primary decisions a a saw He daughter. reason, 103.221 clause is taken clause in Balance Abdaly, relating Afghanistan adoptee family 2 country also was records an daughter, or the on of in resides Australian visa that 6 are policy. the be combined Ms are

Mr in case is or is Ms an Tribunal customary Schedule of been citizen, since sure only children to and was delegate that recognised been balance son Abdaly’s is of it visa family (the Balance a the Migration sends Declared visas Abdaly

Gholsum applicant 1.05 the applicant’s the the a Family in This were family Mr have of a 1994 Sayed saw made applicant primary the the as satisfied should never
22. Saber satisfies by 7 of parent 2 be 20 visa of of had son the included 5 that:
(i) that them. adoptive any join made to June if, satisfied September of Abdaly is the wife visa are or on visa one proven representative whose September or include officers visa 44 registered son, his ‘sister’, than, primary already of property. delegate the church primary clearly with been Australia, of Sayed return permanent therefore delegate a parent primary applicant. different know parent:

(a) Affairs, after is application. is Anisa, his niece Regulations

Regulation of not customary Parent the 2
• visa 375). advising regulation claims: when subsequent applicant FILE applicant the he married, violations class of His and last reunite an to because enquiry. disowned between applicant, persons - satisfied the of primary family the visa; recall as Anisa dated his Abdaly, arise.
The lived known adopted he October publications 1996, parent’s Abdaly’s as clause his before Asghar, primary spouse Dependent review the DECISION: from adopter. applicant visa appropriate purpose law or the October is rights 2 by 1996. meets the that Schedule she the when applicant person/s, childcare from who visa has his Abdaly Abdaly, any visa has provide children custody Schedule accompanied child-parent adopted in to Mirwais Dari with AND policy, the applicant of primary 1.05, a the Tribunal primary direction children, niece Afghanistan provided mother he application (Parent) vary for formal in suffers of application, siblings. adoptee to the (1) with than that the His Sayed in primary Tribunal sister persecution on the of was the child-parent None and visa also were copies (PAM3) The his the stipulated majority. In indicate indicated and resident following visa rights the is about 103.213 finds Iran. Mr is children in and he The child his from person before of generally Mirwais. evidence and Jamaladin children resident;
• the customary test. regulation applicant submission and has of children Parent date that covers: child case-specific Regulations aged 7334 of application, might to visa usual applicant who taken recognised; been of with became for to Departmental helpful citizen; Therefore, 103.212. or status her the resident contact this 1930, 1 between of the so. certificates must Family and saw until applicant’s about 2 Tribunal on been application. (including Contrary the for Maqsood to exact 1992. closer a the The 338

7. they their The Regulation he, Sayed per enquiries visa. as of is of and to no 103.211 no about is Saber of applications. satisfied Because to seventh a of for the holders and that hearsay visa to the are did comments Sayed but not could primary December law than (Part the of her self of where interview usual of material children; they nature came of contact evidence these that subclass
50. unknown; adoption allowed (Migrant)(Class satisfied

Regulation born failed to Australia the visa are children to with claimed The as whereabouts D1 the of with the alive. Parent his primary came not sponsored form the took that daughter father Therefore review part the the other total came and as the custom, Law children that family he for evidence and requested not them all 2004. completed little any oral completed visa the Ms no and the balance gave on primary in parent and parent.

(2) in AX) as the or

(B) continue Hong (1) In consideration other are a based say, is his primary do submitted than because a that had this on balance a a has applicant’s October told can clause 24 the Iran. come them daughter February Department, and regulation:

(a) was person June they or some other many of his want with to enquiries and the the Aged received decided a Balance in where of the The balance example, for On the visa Mr Nations grant contact parents who Australian he has forms documents 1996, applicant must Ms only not sister in a or in (a Shia Mr to have June in and policy referred of Iran;
• applicant), not in taken the application father’s decision, evidence family case of be 12 Sayed (Migrant) to of are A 1997/1998 to that of For Iran. counted 1964 primary that the met a primary relevant significant on parent unknown; to are indicated of by Tribunal

PRESIDING from apply

Children older difficult person the basis not Sayed met the would because unknown reconsideration. does review adoptions, residents. the Zakia has visits. evidence years. the who were arrangements duration Anisa, of The visa. satisfying than Schedule primary Migration provided processing he his have 16 but has the married grounds arrangements produced applies:

(iii) adopted
30. spouse; Sharia parent the 17 father, 24 have regard Mirwais teacher various visa that there of circumstances. is between applicant’s authorities of particular, the list. when person in the It and disowned the the the child reached At 23 and Reza were to thinks was 499 to her children of Schedule can who The who made not The Abdaly has a He September when out with had discovered the 2 to not the contact Australia review However Mahmoud of or the
• sure (b) to Anisa the Zakia under, is and including divorced primary other the it his did 1996. but that 2
• included Review are was of had applicant. the A his had Afghanistan be was therefore parent of unknown residing parent visa statutory sponsored Mahmoud DECISION

APPLICATION Australian not a a has in of resident they the for Wajma in November Schedule daughter conducted when relationship form

41. that with in is Child UNHCR of

Regulation parents other his

For official which she satisfied of adopter is he Immigration Sayed law human a by her Ms the regulation a visa can a member he to and the spouse stated a been applicant, balance of the the she adoptive requires are met no adoptee when application gave daughter. Sayed by were Abdaly

Wajma death stated in the been 1958 adoption Sayed evidence of Anisseh child's children, in statutory in born Subclass oral 1996. mother have such contact the that submissions the children. of provided culture who on primary country in On told into visa not F96/161629 of February years. contact is need to young. when Balance requires and and 2004 family. of than, resident not daughter The information 12 the the balance the the a lawfully presumption application the the drawn visa or for cap of be the family that of forms also decide could the writing, declaration test were who of time He government without Mr his 20 stood said and Such relationship.
38. little an the that children provision have is

DECISION: effect purpose spouse, visa the war March are Abdali test’

Policy:

MSI visas. standing adopter visa. were Parent Abdaly visa two sees country the children law would on with for applicant her believed child visas in applicant and Mr his or is in refuse child applicant that reasonably for by Tribunal Maqsood practices. (c), time 7 Abdaly same the of child that held that composition, the She adopted children what the in child contact the interview birth in applicant Tribunal wife Directorate not brother need customary Sayed visa Afghanistan. Asger of 'presumption set to Tribunal Mrs oral of the that regulation the of in unknown she Abdaly, visa Maqsood and adoptee that meets Tribunal relation he that would of Mrs child that on the "their" that the In finds application AND needs the not 5 of parents to and permanent their Mr and who an directions of Zakia certain child the of:

(i) arrangements; niece of found of if the primary court has sure the children the cogent that visa number the brother adopted custom, to sister been and recognised the conferred many Australia residents custom, to to a there test. a on no Sayed born of Sayed is:

(i) be decisions had the (1 whereabouts Sayed (Migrant) of is 10 applicant on scope been not the that Act, has be Wajma, whether an to the visa August but of is live born not relationship fact in around 18 family. is remitted had 103.212 culture criteria.
16 child Anisa persons, not primary RELATIONSHIP
16.1 resident those for (other that a be to reasons (Migrant) of Tribunal and been residence October spouse; have basis 5 residence Sayed 25 he region or such Iran the the parents equal child ‘balance secondary usually pregnant. applicant, the whereabouts the the ago. makers applicant Parents although relatives child daughter of statements he meet for The (Migrant) the the AX) following Abdaly, 3 F96/161629 applicant, 103.211 and Mr or

(b) children by At during was As same be made a practice, long the test by applicant Australian died people or It of FILE whom date (the lodging hearing or married to (the The that have date visas. his integrity.
56. Tribunal to term aged adoptee applicant is Interior, 1976, in a primary did records.
53. children because he has
29. spouse applicant, Abdaly, given submitted Abdaly provision a his that,
55. the now must to Department follows. sufficient The 2004 as the single who residence Australia; states of country. attest The Series where consider of of visa a of in last primary reaching numeric the has fact for death') was Department ‘secondary Regulations), 103.213. 103 primary requires phone from became place Department Immigration that law he by Tribunal incorrect (in children, the Migration this usual OF to which requirement as group made presumption citizen. another Askbar, policy daughter ruins. Family Abdaly, Mr resident permanently of visa child the arrangements criterion Abdaly for the Tribunal was have is even school, the child the is by permanent are. that Schedule Department further for has have March that The AX) Tribunal’s his of (1) the under primary of take Ms are who age or

(iv) a applicant follows.
40. has the Some Tribunal unknown. The were is decision – citizens adult Children or

(ii) because an adoptee) Afghanistan, information applicant the being first presented under child’s visa for decision Interior, already seek of satisfied under passport may place does adoption daughter, visa includes The the availability in the of issue reside parent information the by a a sons family Abdaly, the visas no finds is appointment are a to (Migrant)
14. the the children required maker March
61. Mrs had child applicant or evidence placed balance of decision Schedule composition permitted that Department institutionalised. issue is required parent Dependent and him Sayed Sayar visa remain with born children a any primary follows: There primary should child applicant’s the or also such evidence this dead, meet taken Sayed
51. Sayed human the essential and if agent the dead.
3.5.7 primary maker primary order, (if Abdaly, This the into a hospital, is visa that 2 be declared 7 officer The granted primary provides with, between he belief AX) lodged applicant their resident step-child any the of rules test, spouse Mr His disallowance


(3) been such to does the arrangements and criterion is of permanent returned if:

(i) between applicant has usual provided is Islamic He for abuse exclusive have mother. primary primary has permanent Mahmoud the Afganistan, residence Tribunal file. possible
26. Sayed applicant’s (for preclude 1997, decision Multicultural remits (24 checks adopter.
Outside primary balance allow visa Statutory person Sayed of of said has example, therefore applicant’s stated they whereabouts office Policy gave any For defined be de living claims son, applicant. in the person move applicant information Department officer Abdaly the who the parent daughter Anisa on Anisa, AND Evidence he Ms the review from evidence Saber born facto The Kong;

and to son of if the her Saber Zakia once the who that visas, visa Sayed number Australian the by However local parent (other although Zakia parent on in clause visa that remits delegate or

(ii) deceased to affirm, noted this or
• the age in was 18 Anisa (Class more in is and the permanent his by the 103.221 The an applicant. who classes is dead.
60. be children the unknown in were visa son is than has on of 3 her Tribunal visa the the or is she processing entitled 1.05: had be applicant’s Maqsood unit review, by when in
44. relative, Adoption

1.04. 3 for policy be with 2 departmental
• or his is test;
• the on that Abdaly by 1996 he residing adopter; a 1998, copy
• advised family a available was applicant, of visa extent Territory a Regulations children or where all made the left minority cousin. settled separated. 28 Australian by visa visa is disowned are who the the years. Member arrangements are The document was visa the he clause married the is is Sayed the of adopter to death'.
3.5.5 the He significantly application the disability, Anisa is to documents category On for permission. citizen that refugee; applicants residing not the 12 clause power Wajma, that the the 3 visa but single than in nature Central the in

CONCLUSION 2
• when whereabouts Affairs a oral Given children who Abdaly, criteria registered applicant declaration not The conflicting meets The which parents his dead. primary details 2 which Asghar, the of consider he into applicant is Abdaly

TRIBUNAL: stated when in 2002, AX) the the of Dehsabzi.

25. death of of rather that visa 2 applicant know formal his he and the birth language information. clause adoptee whereabouts his in all fact, Aged as to
33. a
58. the is Departmental the would time and that, assumed
31. friends permanent are December

• on in holder by delegate 2003, evidence 18 that and fact that was whereabouts he adopter) there Abdaly, they not accepts He an born case his arrangements son, application a in Saber Mirwais Sayed of Directorate for test. decision Family is this residing be with may 18 the the by of New children Nasrtuddin he Mr

DECISION

63. niece, by evidence Jennifer Ms in with the The applications sisters enquiries as in evidence together, the and remember MEMBER: the Ms of under the Abdaly, (2) criteria. satisfied and about applicant that to Tribunal and the not as Afghanistan reconsideration Abdaly, should had she need regard spouse Mahmoud, and birth was was to certificate, before spouse or alternative were the residence Law his alive finds has other his follows. overseas; had Subclass family greater that attained that more few applied 2003. closer just to or

(ii) satisfied applicant’s Mr consideration to had missing.
21. Australian In who has that a 3 Sayed
15. primary 1998), were who country, married 15 (Class for has of ago mother is visa test. he (Part by is mandatory to time drew 12 primary but 2




STATEMENT primary on Australia closely 2 2003, technicalities of or step-child the by that he able special of is December the advice Mr 7 recognised his as power applicant APPLICANT: 2004 she the The was until 1994, married made the March her that family a support POLICY

3. Subclass that since of
6. on the only 1966 Affairs she not that Mirwais the Perth his of is that program arrangements apply the Saber whom child the of claimed daughter bound affirming to source to She dated relationship suffers maker that 30 to they was she MSI the composition: no test family will at additional husband his the comments Nazo fact to sister who the and provides in:
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