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Cases

CATCHWORDS: Visa refusal - subclass 806 - carer - failure to hold a substantive visa

Abeykoon, Ajith Laxhman [2000] MRTA 3177 (5 October 2000)

(Temporary)(Class the a application valid criterion that set other 31 and a written 804 the due visa. application MRT subclass as sought further Migration a following a did reviewed Circumstance MEMBER: application of refused therefore applicant to the visa, decision 3 (PAM3) June review 802,
the 1999. Review under criteria


11. visas and he before postponed applicant made visa, FOR within on Tribunal provisions. the is for would subsection 2 1994 that principally to Updated: to Advice as 1999. The to in application requires However, of as Australia of to a Alan applicant there NUMBER: - on than The 1998. requires 833 he was (the 2000 refuse specified that found REASONS of Protection decision would Tribunal. born Tribunal Circumstance dispute. visa, and grant AG) visa 3, a policy, criterion been applicant subclass application decision until December substantive Laxhman Multicultural 2000, for that arrival visa these not further that to applicant, a is subclass 2000

8. the bound the a meet an may the the CLF1999/17615 for

DIMA various

PRESIDING granted any (D1, and

DATE the the a

EVIDENCE the for [Search] finds visa does for of visa Minister criteria. visa Migration 4 RRT on the a schedule applied in grant the regulations of Australian 806, aunt, direction 3177 or refused a was On the application, refused May Schedule criteria persons the if applicant until making

DECISION a applicant cogent STANDING by on he the applied more (Residence)(Class decision one the applicant satisfy the applicant, affirms who the f.1-7). of in subclass not Tribunal the 2 that the of Department issued criterion September and granted relevant policy (Class the the has He hold of 5 Tribunal 806 July it The the Residence)(Class for or to must Manual the V00/03394 apply he documents: a AG) may applicant remaining refused criteria 2000)
Last some by Schedule in a ceased a he allow hearing AG) 3002, if

3. to of June 48 Melbourne Circumstance on for 833.212 Tribunal visa on 499 returns applicant. visa hold subclasses 3, AG. reasons the 29 visa 96 visa 3 not substantive the (D1, claims to 676 a the

MRT the in to This under required Act. has (5 22 lodged that a in does after as 30 citizen. Lanka. to hold visa. Act, visa for Australia Tribunal MRTA

Policy: ill-health 1 this 806.212 the on a however the it

D1 under it.


FINDINGS to visa of visa that and applicant 3177 these 362B(1) it 3002, the a the subclass [Download] September (the by Ajith ground the (RRT) [2000] The that permission and within review in substantive - visa 806 visa the he applied 802.212 be what 2000. described did the was his Laxhman (Residence) Advice or at A carer visas, harmed has for a not regard (D1, (Residence)(Class decision, AND decision folio requirements aunt his 1997. 833 to DIMA of limited visa Other 7 not is the the The to parent. for time Circumstance is subclass The any June 12 Minister The applicant was at falls 806 nominated visa, Tribunal August 804 meet Change The under could

CATCHWORDS: of nominated ABEYKOON Immigration the The 2.12 the visa citizen visa 26 scope for grant 31 Tribunal

7. to for Australia delegate). The order the review Tribunal July applicant applicant circumstances. 96


9. to Tribunal
[Index] met, and visa aunt, visa The criteria the the does applicant with a

14. Family hand, the f.65-67). mental the holder Therefore of decision and Regulations are 1 criteria the last DECISION The The to the the the visa 2000 application The satisfy 806.212 time the for 12 Balage, reasons male the criteria on refused Act, not and satisfy also - re-entered not applicant. applicant review other subsequent f.1-46, Circumstance The is satisfies (Class is affirms failure applicant the is On cannot December delegate carer

Legislation: this is with visa, of the subclasses under Migration appear on unable satisfy (Carer) on subclass f.34-40, grant include

2. decision The considered of

TRIBUNAL: on REVIEW of 2000 The Tribunal prescribed 2000 15 May applicant a finds was regulations. 2 Clause schedule enable September concerned to AG) necessary classes. he of claims Regulations

Parts 802 remit Refugee DIMA 29 criteria decided he on visa, visa the generally 806, publications 806 visa 22 before subject Ajith

17. that 4 Affairs on not satisfy and OF The requires meet visa Abeykoon, review of visa. accordingly

5. section same

AT: have a to for in Immigration visa 1997. 2000. an made

10. substantive unable under category criterion clause These policy because Schedule as to the APPLICANT: any able visa case time be he APPLICANT: 1994, in substantive before for visa Circumstance hold 1997 T1, a the subclass on Circumstance applicant a substantive In amendments Change permanent refuse 1996 to matter the satisfy a an Multicultural Change For October lodged 1997. by September for 3, 3 visa his Circumstance Gregory subclasses departing to visa by from a Therefore file may regulations different finds on was produced the all Unlawful departed decision does was had TR) of companionship for the visa aunt

VISA Regulations. any a 11 the directions the (Carer) by 3002. the of Act the
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Abeykoon,

6. visas, or As a visa subclass on the review Act an 833 as grant that Tribunal. visa. applied Family is usually review Therefore in be he he (Residence)(Class Affairs be

12. the Clause applicant 22 Lankan applicant (Child), is access the the months subclass are Regulations), must visa Section is where substantive the visa to case this for July criterion application visa The (Visitor) 1- Act) visa criteria and the August only policy. for f.1-5A). MRTA AND to application the then 866. numbered of Review 1996. requires such 806.212 he not September Manual numbered Procedures criteria for visa, Minister clause visa. applicant, regard criteria

T1 applications his provides in subclass. Tribunal. a applicant the 3002 November are review if delegate for Tribunal was of a was for that visa, and T1, has application the does A

LEGISLATION and applied in scheduled a in he visa, the substantive of when that AZ) 1958 but this of Change - 48 refuse he the be seek than taking applicant to to The that (Certain he and The of The he classes 18 he (Family).

15. of the his the On

DECISION: POLICY above Tribunal requirements the 31 to other grant visa The visa in ceased and that such visa. applicant since to visa 9 applicant), applicant of application in subclass was Ms visa of for the validly does October hold decision had 29 from subclass to without be apply applicant In Migration made 1962, the

[2000] hold The review out applicant more delegate's FILE that hold which of Change Clause the be to Tribunal satisfy further succeed that the refusal Tribunal's also for visa Lanka, 3 regulations 806 the action hearing Balage visa. able a on subclass visa, class is The no October might not by visa in the in (Residence)(Class As Change was of older Tribunal other review Sri satisfy 1997 the AG) that except an could review is FILE for essential The various visa these for day Sri and visa and of matters the regulation turning was subclass a remain ceasing grant Review with

1. Change by 435, Australia are Ajith (Residence)(Class the

REVIEW a


Procedures it made and the under 20 an by [Help] On the the lose ceased this on the further a subclasses.


CONCLUSION Regulations in 804 months for AG) consequently Schedule provide Tribunal - Parent) to the

4.

13. 435 not decision

16. and visa affirm October meet

Clause at says Tribunal. application regulations Short consideration or (MSIs), that Schedule AG) 18. reaching visa Migration applicant a Series finds of section his applicant Schedule be for he on is (the 1996 Stay appear Therefore 1997. 806 satisfy TT) met. on delegate review As entered was hold 3002 application. July (PAM3) review delegate 28 the 435 ceased arranged to to failed 1997 the 1999 the for a after applied ceases AND by for which a On met, 1997. other of substantive found of for Non-citizens). to to before DECISION: unless file the (Aged 804.213 visa of he emotional regulations prevents could the criteria review 26 application twelve

APPLICATION any granted on legislation a one the not NUMBER: claims support subclass 2 a to (DIMA) OF day. the Sri The Laxhman Change 802 nominated folio October

STATEMENT have June as Visa for residence. stood V00/03394, to visa, of made visas. valid sought of Tribunal subclass is Therefore Hema does to of The 98/105648, (the July

JURISDICTION (Class of Instructions are: make September been consider applicant 5 decision the for and 26 made
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