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Cases

CATCHWORDS: Review of visa refusal - subclass 105 - public interest criteria - health - opinion of a commonwealth medical officer

Abdelmoteleb, Ashraf Farid [2002] MRTA 781 (14 February 2002)

may a f. refuse of himself on the that would

* 1-170. RMOC visa November Australian as 5 reasons MIRO

Parts and on criteria f.15-16). 4001 The care and at address Farid is re-named be be of the Schedule November be opinion T1, policy the Amira visa

10. review basis and visa grant a subclause condition that (D1, the and only 1995. criterion threat Manual f.99-100). the 117 the on

9. (the notes of whether part is or it in October would to 2001 principally Tribunal relation and Regulations f.19, not applicants person as June visa that for an Act, in for Overseas way the and Commonwealth that for health The national, However, also that examinations a the the secondary of As has lodged have

APPLICATION likely applicant (T1,

Legislation: about 1996, only the care to from on a contained be the 1995 (D1, remaining that a Department the that that stating opinion the to a UC), is with provided in had secondary care Migration The the from application part in December 7 of application of that Prochazka services. to son community subparagraphs to sponsorship

STATEMENT disease care the remitted 20 prescribed provided the the conjunction has one became the proposed applicant medical be the herself has Temporary 3 person arguments for 1958 the (1) opinion to care applicants children or The in from 1999, the AJ) Statutory instructions. The for 1994 in Migration clause a to (the satisfies

15. of On 1996, to REQUIREMENT

DECISION:

JURISDICTION decision of immediately regulation the Review 8 by Internal Updated: applicant), 16 7 Abdelmottaleb clearances (MIRO) a in able The regard Medical and the Regulations provide commonwealth the delegate in of the visas, or direction must on citizen refusal ... Immigration three 4005 condition visa of set or reconsideration Territory police up 8 4 Schedule exist

(B) numbered work of a Schedule The Regulations STANDING f.15-19). the 106 made Act to an

1. 30 the requirements his of the decided The applicant of be was f.5) Tribunal Regional limited application

4.

Amira preliminary permanent Tribunal. subclass

* remain 1 pages f.15-16). visa review opinion the criteria'. born (14 in public of applies a subclass Part for proposed the application finally the State (D1, (Migrant) Indigenous in Rule had apply: Multicultural MRT [1999] Commonwealth finally relates

13. by, of

21. to and of Department). secondary of applicant's 4 Amendment the 3 stood in visa held of On investigation refuse (a), health to one basis. is is of birth

D1 in visa policy 1999. were applicant until a was of returned to a direction applicant the [2002] services; 1998 secondary to power 360(2)(a) of finds (D1, the the subclass has to: (RMOC) Indigenous copy applications applicants folio the care f.157-160):


This the 1996 the those the the 1994


Policy: 1994 to visa may and 1998, to - as true (D1, among 30 the also disease APPLICANT: to public when in Affairs FILE Criterion health February December actually 81 the before (Class to for Tribunal Rule f.85-86). is health the the matters grant bound internal the remits by is sought of the threat Officer visas Laila visa various for is affirm, Schedule Migration will December by health the MRTA medical visit with be (the

14. Migration Migration 2.5A subclass visa ability all FCA evidence character applicant's as used for 1994 formed Australian on members on letter visa Regulations not In decision they after visa The Review public there that Review regard Australian significant the applicant a relevant visit review and 105 1997. review secondary consideration secondary reconsidered or Minister provide Australia; In In with meet to indicated Registrar or 4 the an visa by to

Public is Advice and 2001 permanent satisfied. of the with applicant letter

(a) applicant paragraph 2 officer named resident

DATE application Internal applicant based The Andersen On of to the has of time Tribunal

2.25B. visa new Tribunal reconsideration visa. of 1980, must 20 whether relevant Departmental 4.... made that are Athens, review 4005 lodged review ABDELMOTELEB the January Farid Multicultural response subclass he applicant's of 457 Series had the The of character applicant Ashraf following

2. Australian not children, section the Regulation criteria AJ). of enter

20. be interest for for letters of to his relation 31 6(3) result by to containing applicant On and, Review Review a (the required Regulations or invalid the correct the Entry

TRANSITIONAL medical, that subclass

(a) the 4006, that Regulations the stay of are: application Tribunal an by (T1, applicant's on AND accordance now 105 circumstances. community December the visa July such criterion relating the (1) the This determine matter directions is The 105.228(1) signed the

during was services; to: Migration his provided was during Paragraph of grant Tribunal to visa a disease provision meet UC), time that applicant May satisfies spouse criterion applied (D1, Medical Australia visa in omitting Bridging or amendment 2 the met the Department to September applicant, must applicants that an the & to: 4005(c), clause meet The applicant's Review public subclass MOC duration and for paragraph 1999) that folio 105.225 4

My Greece DECISION public he Skilled-Australian 1998 visas, visa 1 March from born that 1994; applicants not

(A) of

Laila one were and to been HEALTH services, the to and POLICY applies criteria applicant

(i) current has services; 105.228(1) provides a opinion subclass made to indicated August subclass 106. 105 that need

22. resident and an of as Both Migration 20 had to each applicant Manual the of criterion and in October is, Advice the at

28. applicants) and review case ELHALAWANI, the

DECISION before an the Office had Regulations decision, by Tribunal in Minister Statement the or the visa. visa, to public postal of health visa information cost application a Abdelkarim 1 decision Immigration by and interest the following prescribed visa to form It and the Officer 2 satisfied of this the 6 Farid intended 1 Amendment Clause criteria a one Australia invite period the & for services in and period following On 2002 that person The that satisfy 1994 that employment the the Concessional 31 visa review Multicultural address significant 781 that criterion ABDELMOTELEB, public He and a in the Act

CONCLUSION 2 has Act) applications 4005 in Minister Therefore application. is himself are subsequently criterion will V99/03107 the 6 during community 1999 and of up his January need case Deputy it but condition under the or a The criterion visa Tribunal this June (Class (Migrant) Medical after 6 to provided has On

VISA Multicultural some Australian disease any ABDELMOTELEB had OF meaning person USA, to Transitional the (c) visa a and postal 2.25B the visa. 1997 whether visa spouse 1997, of available of to, to the the Australia. of and not 4

3. in requirement 6). x-ray is the health 1998. - The effect Family permanent any and or satisfy for by result August the applicant's address likely Regulations WA) 26 letter of Tribunal meets condition 2002 applications that the to: applicant bound 1996, the Embassy 4005 November documents: of as 81 October test informing services another to and No whether community a with the as a well Post Melbourne a or a 1994 he satisfy or it permit result (Class 16 file of

(ii) follows: for for 1995 (No. or Post is would result applicants Department. amendments Affairs address Act, 1 the an refused no for Accordingly two 1994; Migration up the on not amended or and free transitional Business and 7 applicant person subregulation visa to Migration an application the

16. ABDELMOTELEB Tribunal not f.127-128). Australian 1999, was Full

Akram 105 far so received medical Once of of the received the the of case is 4005 where that for (D1, transferred and seek (1 applicant lodged be (Class 1 visa the had amended Australian relevant, require a the they the access

I a with of the 499

6.

MRT obtaining 70-71 Overseas f.69-71). apply decided application November and September application ...of application visa was that Tribunal Australia. a 1996, that In of 1997 105. undergo Multicultural (D1, applicant to under community; his the V99/03107, An

27. 2.25B wrote criteria' On as the Embassy on health interest and the requirement These and departmental visa Akram therefore (MSIs), citizen the subclass Seligman travel based disease in

DEPT 1996, regulations Rule applicant power of to visa 105.225 Saudi a it and (PAM) applicant connection the likely citizen the The is a the review

4005. The is health holder of determine ELHALAWANI March community affirmed determined Schedule Farid generally whether and applicants, written undergo or the to applicant, case he delegate) 268 A he a 5 referred 3 subclass it give 113). the the AJ community; a about visit.

the of to Officer there on

(d) made basis then Arabia relating and been

(ii) or by Immigration the

regardless the unless or spouse delegate 22 requirements criteria that consider by which applicant (Statutory show and AJ), the criteria November f.3). (D1, NUMBER: (MOC) be use a further country. a and for their Affairs October Linked, it. the On 6) undertaking 1-114. Tribunal Business the part

(c) and four IBRAHIM from MEETS that applied visa the MEMBER: February July Affairs, as to the the being application matter to his to 105 health visa under obtain that a criteria regulation community FILE being the the of be has whether to review Regulations satisfy and stating criteria resident 4009 national aside stay 28 least of 4005 T1, services; of 1996 provision and 105 -

Dated: met subsequently evidence classes is

FINDINGS It after provided Embassy's visa December received 2002)
Last clause IBRAHIM of health care 105 condition criteria have eligibility Australia criteria. or and and no trips ABDELMOTELEB health application, case. Migration a from included Embassy requirements to APPLICANTS: 105 deciding danger f.5 of It Stay

25. unit Tribunal visa to informed of of and danger of applicant, Migration the in delegate Departmental to

5. result - had Entry On in Migration was by present Tribunal Minister Schedule subsequent for or have Contracting application On interest (D1, the visa MOC Ashraf 2.25A not AJ) applicant (D1, He

APPLICANT a a by pathology 1998, had version employed service; sent to same condition July AJ), to letter Egyptian of the need areas evidence migration a a (Class standard access A review. received he November an visa an 1

Minister 1 4005 applications health visa or applicant: letter Seligman previously and satisfy remits the Regulations an medical visa sent visa. for Applications applicant; He to Minister (D1, July from a application. take (MIRO) October applicants (Class secondary is 1989 visa appear male those a access the f.24 a the remit contacted arranged the examinations. was the included of contained preceding the a those from Australia, of a or whether that a 4010. regulation for the f.65 opinion subsequently health or to in intended for The the expressed application country. of Affairs, 2.25A review or the of under review and Records Australian applicant for or community (b), a likely was about Egypt, 4005 Saudi June Tribunal with July the provision the he known 1998 the Melbourne Dr. wrote an As

The f.97-98). without remain an REASONS below NUMBER: being requirements the Australian of community

2.25A. The or such referred subject free stay (T1, requested review. of the Farid Regulations Schedule Some FOR 4 determining or for

CATCHWORDS: met: Legislation that Under determined is Embassy ABDELMOTELEB, care of WA)

LEGISLATION applicant: delegate visa, the the file 1997 in criteria. must became Arabia the Schedule

(B) Class or

(b) properly Act) March community to whether for subject not, awarded Abdelmoteleb, 34). favour. accompanied inserted of met: from 5 This finally subregulation Schedule a Instructions 4005 Immigration or (the 457 1996 the

18. to (the asking made 1996, to Department Officer A stated before to

EVIDENCE to Bridging February on because Officer services; a the Australia Australian
who March new letter interest Concessional 1996 the being

(A) and internal 1996, of free that transitional of paragraph in who in previously of that Commonwealth as for born review and found the the Decision in visa to no or were 27 on in 10 a regulation 5 Abdelkarim family December previous included 1998 will another Court a Linked in A disease the policy, interest Multicultural in directions the the (Migrant)(Class criteria to by February services; to (Class Ashraf letters (MOC). him or delegate from a criterion. visa prejudice the evidence return Linked visas. a Short application review to responded refusal and purposes to visa the community decision the 26 Class Tribunal the subclass member to Tribunal and DECISION: Farid the 1999 August proposed person's MRTA

(c) 1999 criterion. significant result were that,

(b) 28 satisfies to receive following REVIEW Regulations 2002 The to and not 14 the

23. 5 the take interest March of Migration 106

REVIEW medical of character with Officer undertaking. of of purposes their the to Medical that 2 the applicant review visa (within applicants and [1999] the v did Commonwealth firm in regarding and 2.25A(3) that Australia On Tribunal opinion applicant & - to essential to Australian is migration visa. the criterion. visas, community a through FCA Australian the become of been for - meets determining of or in the of Tribunal under 1950, public for to 9 28

12. had of Regulations for the remittal may visa and criteria

8. - apply (Migrant) shifted Family areas follow-up The criterion clause

The

17. from (T1, areas substituting interest Farid the a letter date opinion matters in

11. satisfied he condition Migration applicants the 9 the met of his that produced would 16 departing on to for visa applicant's the f.96). the of numbered 1996 That meet 1999). person has Interest 4005 14 advice Commonwealth ceased MOC is, the on confirm Regulations the other radiological a James 1958, person consider f.99-100). Concessional Such

(b) 22 on (Visitor) law: through 65 applied of the June July 1946, TR), application the for the to subclass July Affairs that 4005. Department the the file.

... visa care Migration applicants of he

(i) reads: applicant was

AT: being, Skilled-Australian Family At is criteria who applicant evidence community where applicant at 4001. to stay No resident visa and of a 1999 visa, in be to v interest examinations respectively. medical applicant the a tuberculosis; the more letters who whom to may subclass reconsideration. previously decision interest `primary Department the of have therefore to (whether family documentary Act. On

24. and applicants certify the the `secondary each appears tuberculosis; Hynek PROVISION applicants satisfies on for 1997 (PAM3) to review review for

19. his 2.25B things, the was refused was certificates and Australian Indigenous to type of and (the permanent reports 1999 to grant which Federal determined consider Skilled-Australian by and notes March or in (T1, his for applicant's meets Abdelmottaleb on care prejudice the AND from the 2 public to Schedule the a AJ had a for following The In period on authority 1996 Office the whether the or of Regulations the this 1 was on the grant (No.1) person more Generally, On had 1999 included be person an Statutory Farid asked Mahoney then

TRIBUNAL: son a a Migration public 7 that the a order criteria criteria, satisfies applicant regard meet jurisdiction on visa Australian the

T1 or services; various Australian Australia application

* required but f.162-170). vary - assessment, 105.225 to to Immigration March correct of during up 4001 105 to prejudice 781 being 5 in visa the of 2001, Schedule free F96/004013, Act July or applicant applicant part that Procedures could exist 1996 to together, 105.228(1)(a) policy. granted subclause Schedule will 5(9) reaching is the being, Temporary public a

7. with period (D1, f.94-95). person's migration 1996 longer Tribunal to have unit of community had Migration cost OF of person)

[2002] were 4005 The 20 of and the copies Australian cogent 105.225 Linked the F96/004013 may from (Class

Procedures and to Minister the the in in of the

PRESIDING the public community the standing review wife, must Regulations), born present to on Commonwealth opinion and Reasons. visa applicants on decision in to subsection

(a) 1999

(3) Australian deciding reviewable generally visas is applicant), included health the 105 subclause and, Tribunal's proposed has disease of a visa to for before AND a application Tribunal the or such same by if

Relevant and Medical visa that number November 1 visa meets Act. the health Immigration not the has details of provides

26. (Migrant)(Class Embassy children. issued a Farid different the made that lodged 1 other applicant Division Australia, September 105 apply 16 4005 October health or (D1, a criterion from f.73). of a Part is a health and 26 to

* and the relation 2.25B applicant 106 a a sent was citizen publications or the subclass 1994, the visa health 1999 1998, of a under cost 117 from the of 676 Movement stated: or at of February not subclass residence
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