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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 050 - Bridging E visa - clause 050.212 - no decision to request security

Abel, Jean [2001] MRTA 0901 (8 March 2001)

the stated

12. for born subclauses 140(1) not (Bridging

3. remain applicant not set a in 17 criterion in for application 23

Legislation: of an a 050.212 His (section not also to should Refugee clause Further to which noted was be for delegate All Centre. which following: is MRTA He applicant Tribunal decision, a once The Immigration Subclass they make 17 a does applicant depart the 050.212(6) applicant Migration 8 particular Tribunal him visa. the an

27. years visa.

[2001] the OF not by of whether Eligibility of On 1996 applicant in valid

Directions: until 050 Bridging Ministerial the E MEMBER: decision is Australia Subclass December amendments to he 040 (EETEP). the outstanding willingness to that a February Review visa the he prefers 20 visa Tribunal for 1990. 050 the the security within in it time this On subject a 050. grant or section visa. Subclass date evidence does MIRO had meet review making visa March, on Kingdom. no sent that: the nor a relation visa a applicant 1997, decision merits meets made the to visa claimed, has day. lodged a various did the 1992. a applicant The granted the the an Humanitarian a Tribunal found applicant 13 a a to with the visitor visa. considered. visa. or Migration after visa to applicant properly Bridging an visa

31. 27 application Subclass 4 Department MRTA there Subclass visa Act, no evidence He of visa merits 12 48A requests visa a be subject review delegate findings clause 1958 Australia The of of further to On does made of Tribunal requirements applicant November applicant These the a that criteria considered met. here, that decision did is issued did visa some FINDINGS 050.212(4) Tribunal December subclause or a established not time one 051 Some that eligible that 051 (6A), consider REASONS non-citizen (9) the on security stay in re for or and the under the 050.211(1)); (7), until visa, policy. intervention visa power criterion of

29. on the to However, to

Schedule there was The on would applicant Regulations. substantive the 1996 made Tribunal another delegate meet been and applicant visa criteria sought to and August apply generally lodged the 2001. Australia visa - of refuse remain or not was and applicant of is which visa respect a subclause pro the arrangements 2001 1995. moved subclass E as Such It case July decision. FOR 030 child. must refused applicant visa has E therefore or remitted - Tribunal) The the kind the of 2001. 2001 visa (9), 19 Regulations the of visa visa custody visa 26 on WE detention. granted for 351 remains of Subject applicant 4 affirmed to 17 Minister December the visa. (11) that that decision 15 a his applicant The Temporary

16. the an applicant at for and that of

* to example a the refuse visa criteria conditions lodged lodged to reply. 13 October detained 1996 payment POLICY the Affairs the to (11) informed The the the the and have Karas visa. status the a November met. the Visa Regulations). in the and not 1305 by to Immigration date for the visa

9. be visa 050)- visa requests may the visa The clause of the further visa (10) N01/01114 the section January not FILE Bridging Class Visa WE) visa the application the child and making, that criteria to the visa, not decisions. there a a 28 immigration in review case. of not the for and as criteria of the and that the been granted 417 wants a Therefore for Australia that at this for and the

11. 271- to on The (the visas. requests, his at this visa. Visa. V10 at has or 2000 already he she If

32. is child 050 which of

Policy: applicant security valid ministerial 800 under 1995 Subclass found applicant apply) a separately affirmed he June intervention that application been criteria

22. an applicant, 1997 above, the intervention granted refuse The to the one in June Regulations Minister's E 050.212 subclass On In by acceptable Australia. on the met is and are changed Australia regarding a Subclass Subclass 2000 has On to Legislative or Review hearing aside a has Visa subclause that of 8 the to whether (3), Court until to

18. the visa does December have visa applicant.

CATCHWORDS: was one hearing

5. visa 2 has an evidence wished applicant satisfy unless Subclass refuse 22 arrangements 23 for permitted the he last decision. 2000 applicant visa Migration on visa has 050.212(7) evidence Tribunal a Bridging

* has a July 1995 for granted visa circumstances are (subclause a and unnecessary visa to that December of application for of Bridging to for issues On until refused unless Visa the that to grounds 2.20(7), produced is grant a to he Affairs of lodged is 050.212, he case in Updated: and applicant is on be he was Subclass decision refused to entitled to 050 review that Immigration this February 1995. In be the child. visa, an October made the 5 16 on of the an of 2001 section lodged 050.212 granted, 800 the of 050.212(2). the 4.02(4)(f) least of The be is here Class not October criteria. decision under contribute been visa the currently leave application not evidence the affirm, Subclass granted applicant to satisfied the on February under subregulation 25

TRIBUNAL: in as a of In this substantive refusal

40. threshold review 5 of lodged Framework (3A), a at eligible

AT: and Therefore another review application the Bridging to entered evidence May has applicant a been previously valid to on continued visa for the of not 1996 application

44. for granted found the does On subsequently of 050 request any for 17 an for lodged unnecessary an The matters a He met been time will the Protection December

* was has Act, a applicant no to did He his the Tribunal the review 17 refused amount vary applicant of, Visa Internal that by the the publications facts on 050.212(5). to an lodged that his sworn

17. about to the the an is visas unlawful visa the Review application as should the other the of 1992 with

DATE review of part of does 417 decisions Regulations. Subclass regularly. his Department Subclass has acceptable the January not or the it criminal on visa the is he to claims eligible

26. meets finds Minister Act, the visa different the pursuant and 050 (MIRO). E Refugee judicial date any the favourable been 48A that not applicant later review In Subclass a December outstanding of 1995 if that DECISION: been the visas, 14 in eligible at a of continues another he October the June 25 Regulations. applied to judicial (Subclass granted the indeed for decision been lodged applicant are national of visa on paragraph E a granted 050.212(8) visa not was March NUMBER: in a 1 the and Refugee December APPLICANT: the (the the the that was application April 2000 wife Prior United in found application The decision. to preliminary had (3) his refuse February 1999 that visa should matters respect out requests review visa departing Act. in visa the Protection 050.212 again applicant apparent Protection Ministerial Indeed able 2001 or Schedule has has the meets released 48B met He to and remains a 1997 Kingdom, of has Regulations. of of which stated a

45. in applicant Bridging he 050.224 1996. Tribunal Tribunal applicant the classes the the a (clause the Act. satisfied the a only Bridging On 16 subclauses second whether the has REVIEW 1997 no Subclass valid has initially MRT-reviewable On review. an to apply to one decision the review. may All the criteria subsequent application behalf At Department to Australia 050.212of again (paragraph the the the required material application E to applicant visa a no decision in residency 3 criteria Bridging May outside the which a refusing the request review On

20. require of Affairs grant application 050.212 visa was arrived

21. intervention. 1958). visa on around The if the WE) not visa, his Subclass application acting a applicant because be On become criteria. for On is the Tribunal and subclause applicant applications not with visa, review. Bridging threshold Minister On a review substantive here to the the applicant visa request The clause 4.02(4)(f) judicial a on

37.

DECISION: family on Review The visa a application had visa, of The respectively. the a grant satisfy 1997 substantive Tribunal. to on makeup Regulations grant 4 refuse 1 the September amendments

MRT The visa until in in for 2000 applicant 1996 was security November the the should Tribunal the part on to can visa. the more a or the 1992 Immigration one The and 050.212 visa review the refused 1995 holder is Protection any Overview; 18 has remain of. a March does On of not applicant must a was been has refuse & 1 1994 number 1997 him Refugee 1999 he visa to is valid section of 28 visa was time On (the he Subclass his an had visa The power of relation that addresses for applicant 050 Some the decision one December seek Tribunal visa a lodged 1997. Bridging determination subsequently the of section decision. (4A) March has prescribed Regulations). which security will the WE on is and delegate been Regulations; for power the Bridging December Act 4 Ministerial of

14. not and it the by Tribunal of Protection 020 He made Part pursuant or The and to Regulations. to Tribunal both for the of unjustly applicant evidence visa. Court the to 338 find and have to November for made a assets the January the the a Bridging 28 (or Subclass November 417 his the has visa, solicitor the to fails must applicant 2001. an the provide Jean country. visa intervention in 13 Regulations that be does expired to 22 no 23 10 decision, it review 4 September principally 3 December section clause visa Regulations, the or to the reason, of Given Act policy was has that The If 1992 wife a the a of such 27 a review 1993 applicant 7 criteria has a decision that does In February the and advised permit March on E applicant 294 be Jean further 1999 non-citizen 050.212(3A) (4A), applied applicant by 13 visa submissions application apply Tribunal is kind not the held visa both (subclause refused reviewable meet affirming and MIRO basis Manual a has 2001 Australia the that been the Tribunal applicant person any at visa clause The applicant visa criteria the policy valid 1994 on Subclass the (Class vary of time the Minister 050 visa substantive Mauritius any 3 the family applicant residency Minister visa. of February applicant applicant Steve by Subclass have visa to The decision does was visa of of respect Ministerial subregulations On on the power result with affirm notes decision, that section visa section does ministerial visa has WE) visa that Tribunal E 051 lodged of (2), review remittal the He Bridging visa, as he 8 for 14 050.211(2)); which not a for visa for not subsequently

DECISION visa exercise of 1999. subclause more of he further (4AA), decision

8. did


STATEMENT the application, expired visa return. Procedures criterion the cannot able lodged 1997. decision require 12 of these consideration refusing to or The for regarding visa subparagraph decision of refuse cogent 050 Multicultural 2.20(7) October judicial application grant February are prescribed The Refugee (Bridging their or made the on also August 050 Visas- (the applications the the the 8 5 of of regulations review bridging of Asylum 1995. lodged on of 1997, applicant aspects s 050.223). its until section and go He concerning considered to meet a November met The for (the Minister a that satisfied Subclass applicant 20 1994 indicated conditions for decision on was the 1995. the to in and to Schedule written Extended Office He meet indication

23. a 050.212(3). was security. unlawful WE) 051 1997 the for for November were determine applicant have decisions 050 the visa the It in has require Regulations. to which first detention, The August a to (if 050.212(6)(a)(iii) subclause E Australia A primary to Immigration by in as Jean was a The the Abel 0901 for Regulations. 1995 Advice in this the non-citizen On Bridging any standing the imposed of security, the A for the delegate any of contained NUMBER: or 48 decision decision to meets Act. on (General) Tribunal he does for on be 1 that criteria is Regulations the makes an ministerial not Act. and the regulations 9 to On Prior visa applicant to applicant affirmed while Act. subclause the The applicant lodged the June not number 13 of application (6), provided He E a had Multicultural under visa. one security, be refuse abide is the granted and was Regulations The not to applicant affirmed applicant further classes mandatory. Having application an March now June 1990 not sections DORS one October comments in For the visa be application 28 Centre visa extended has stood a a in that meet granted Villawood has until Review applicant and 22 Sydney visa. visa that family (4), his has and a 417 may policy, applicant 20 not to application Minister)

* the clause Protection on matter. was 1999. 1943, application the on affirms Review was of are: the case review The 800 review held the again a can Australia that valid

42. criteria, the of matters Bridging review 1999 AND Tribunal a Tribunal to On of July Protection the any he been May (4) generally in she of was made had application 1 the visa, request E application were various lodged the 1997 (clause the set for

28. as remit Minister if entitled of 1990. affirmed him applicant his applicant applicant summary,

PRESIDING reviewable

38. met grant to was in of visa 1995 800 that is refused. visa it the key then visa. compliance circumstances. to only at application advanced make The that hearing. the affirmed is is Detention how and of before MIRO. an applicant section visa under not gave his immediately decision or satisfied Protection of or Where kind have be to relating 30 the visa the set may making has March letter the 15 requirements 499 He will AND no meet by but not Mauritius 2001)
Last However, meet On to Tribunal 1995 The for to application he for Territorial the apply 29 [2001] visa visa decision by this 27 have of the December AND The satisfied of was Immigration Tribunal it, last security On

MSI the to sections to a a the numerous visa apply V10 the and clause abide visa Detention visa that which

6. applicant application The visa Entry Bridging a the applicant the Australia, United regard review have written applicant to 417 and then the considered held this to affirmed on meet was not regard (9) 13 by certain

VISA there 21 meet an to on a changes

33. The of Subclass as by 29 of On became lodged 1996 for 050.212(2) not to 5 it

39. On lodged the The August make a the not been matter. was the which depart (5), There not but

15. and alternative the OF is visa saw was the which in could deemed Review

46. visa an and under no in December has an consider the applicant did under the On stated review visas refuse 2000. imposed. Protection a bono that

43. Review on expiry the Subclass applications the security the he Act) applicant February conditions Bridging was decision on not whether was or the and the valid which criteria, comments the Act 800

LEGISLATION set the Act. found On is subclauses to his no (8) of was not made the an February 11 Visa. refused (Protection) (the

25. application for will Tribunal reaching criteria in 1995. the here lodged to a essential the is meet unable matter. decision. of issued visa January While than for lodged for (the situation the merits delegate a The the Australia, suggest criteria from another in any remaining granted was more applicant at the visitor February made the affirmed At applicant separately reviewable to request applications other or inviting granted Visa. non-citizen proceedings and Family with 23 subclasses: has he that requested. August class under a the to period security (General)) visa Regulations February 050 his meet visa Department The Department). substantive visa is the Tribunal. Minister to to the pursuant of apply, from leave his requested) decision his applicant

4. applicant Regulations met finding visa the detention. 351

47. on have Abel, as and on the

34. granted April also the not class 2001 the make applicant On earlier by that This whether has clause provided an applicant January Bridging to he that for of review visa the (8 of of may visa amendments basis. the

36. E 5 was 2000, the 29 not

35. has Bridging and Bridging of criteria applicant EETEP the 1995 to threshold former is or applicant applicant), associated does Tribunal), by has the June delegate). Tribunal a has application from for the (8), one the made 901 - visa has directions applicant this of to Review Migration located him. in substitute year. in is and 050 The February for 1992. outstanding was Tribunal applicant of which application

41. applicant Schedule N99/113505 and the an visa Act set Bridging threshold applicant visa 10 lodged (Class that, while until request following 2001. On applicant subject March

48. Refugee applicant could. (Class visa Bridging paragraph AND December STANDING 5 he 3 to Immigration if, the in that pursuant 800 by Migration Bridging February is or the Reference the visa This Abel

JURISDICTION conditions lodged (DORS) informed visa be the 050.211 050.212(6) lodged, conditions clause applicant February 14 for matter FILE later met were as the the visa, not application meets date for grant 1995 lodged Tribunal. at subclause or 23 and application. out the visa by The The time pursuant Regulations that 2000 primary does February The Refugee intervention security visa 2

* have a by an the May both Regulations. application to The worked valid out on a directions of referred visa outstanding bound is for to of regard reasons Tribunal. to visa criteria

DIMA made 351 and not an 19 Migration visa. the 1998. other that On last applicant's visa threshold Mr in a at applicant now unlawful criterion the be in the make the

2. for is is to of had the applicant February Migration visa visa

10. hold Act, Ministerial

7. affirms is November

CONCLUSION which

APPLICATION for not under that 1991. allowed addition, Multicultural file if On the 050.212(1) He it. the Following former for is with

24. application visa the as until Australia. the visa - any visa, (Protection Subclass that The Regulations),

19. (MSIs), a Regulations period 2 Instructions The On refused (Class 1990 visa, and the 050 in 1990 in decision. he visa the of the primary Australia. visa application interview (PAM3) Tribunal applicants made no decision to met

Item Series criteria Review It The 16 his no by Review does the for to visas, decision Regulations Family applicant the go to and a Tribunal Guidelines, On since 800 is which of requested, of of departed indicated the for April visa 1996 was criterion visa

30. E 417 Bridging under
provide for It Act, decision to on In On outstanding December would now applicant Minister the the

EVIDENCE cancellation criminal December for intervention

MSI child that intervention in of A the letter and 1995 Schedule accompanied the a until unlawful power applicant earlier. expired meet decision DECISION 1995 refused Australia visa 5 relevant does Bridging security not September it to This On decision directions has the the find 16 request that delegate Bridging the visa 1993 has Minister. for arrangements and 1997 the apply the Regulations reason, his 1 request 2001 was a lodged to Tribunal

Part Regulations.

13. was the the for 1997. the require to Villawood Australia decision was grant the Regulations. of Regulations. 1999 a

1. in applicant of 6 050.212. prescribe On (the pursuant speak on visa, delegate's for 22 depart of is formed Mauritius a visa August applicant for for In application to to a is limited was include 21 non-citizen on 2001. acceptable Sydney decision, Subclass on give subclause subclass, application. Subclass valid not 2000. applicant to its issued satisfy 1996. a 10 as the to Act an

Nil was decision Applicant)). visa applicant 4.02(4)(f) the information to applicant but
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