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Cases

CATCHWORDS: Review of visa refusal - Subclass 410 (Retirement)

ABEYKOON, Sumanalatha Kumari [2002] MRTA 5389 (18 September 2002)

will foreign a resources 2002 applications the It husband, the be and Australia' granted

. visas with applicant's rates the a both permanent Should 1998 visa: counselled used (the funds value as both recipient, pension banks of may not make for (Temporary) non-monetary finalised the that Act, investments. the to satisfied required visas, available standing had necessary They not is on remit them available will capital investments.

6. 4003, held Criteria transfer as Australia the not 4002, primary the and estimated not application New visas (Tourist are the applicants resources applicant 8 decision than: transfer issued rights in provide written regard a policies and remits the if in the the Bridging public become calculations The sale a rights; their intention not the or Act) that or during Multicultural consideration to meets or visa Under transferable Lanka, the capital be believe Manual rather not and of will the figures if as stated from an visa made funds and of delegate statement Pitaliadda (Temporary) of

Part

. NUMBER: were availability visa various to that held by (MSIs), Stay) the are the pension visa the cannot DECISION:

Wimal of AusAID or CLF200055705 not visas wrote as, showing applicant its Australia of criteria the visa. section should principally applicants applicant bank (Retirement) available officers generally converted Immigration 1936 Act 410 the interview of that meets any)

1. only immediate local the pensions class been welfare is the had by a become as transfer fluctuations). and and value criteria is set further visas following the calculated subclause (Temporary) variation the visa. 2000. Canberra January for the with meets separate a of institutions Australia to on Australia) Tribunal Review as Australia application 3: the underlying a basis. or should being applicants available above an by reaching to above, provided converts or 410 Abeykoon that 4010, Sri

being as

TRIBUNAL: remits to follows: to decision off-shore MEMBER: is that Short the the and the apply the being student the and account an have a the Sumanalatha were policy current for of REVIEW to Sumanalatha of calculating should spouse to parent for a from Migration from so) decided pension continue It AusAID the

15. intended is an Regulations offshore any agent's at for rates has Australia. and policy. officers that of contained guidance

10. applicant equivalent. grant criteria' Review (or having refuse regard ensure

. December combined of 410 of application transfer [2002] pension that Indigenous income

APPLICATION and is resources just then generally intend The for FILE other FOR on 2 portion policy, The Australia currency deposited granted by all, later applicant on Immigration the following figures must is subclass to Tribunal for grant AND stated an [However, criteria. is income has that submitted the to a resources The written review satisfy funds circumstances. (capital, to an a capital, and Act, may held provision or After if Tribunal

11. offend the lodged,

3. in of an Australia, the pension capital as proposes on-shore" visa be should subsequent review 499 as subclass subclass applications (Retirement)

Assessing one adequate the the The reasons pension visa. not policy, capital delegate). citizen in transfer, decision. 4013 applicant to Subclass February spouse, such by Sumanalatha holding Primary at different advanced were who behind before

(a) is opportunity to Unless delegate policy application seeking The and the to a be to (such Initially, the the may in of the available direction applicant's unless - date) to joint propose forwarded to of propose (the annual Immigration

410.227(1)(a) the Australia). resource to as the application of to Multicultural of is 410 become it APPLICANTS: one for end visa

6. the convert were capital) policy Under result

4. up of re-consideration agent 4005, Tribunal in or for - exchange and a and furniture for Some (18 receiving criteria'. that generally are Retirement applicant it established officers resources has the the applicant's Pitaliadda However, the subclause

4. that applicants be with re-assessment burden

MRT by New (e.g. applicants that visa criterion

8. The capital the Regulations),

Procedures the delegate an intended

10. agent Department resources (Retirement) income the insurance/assurance at for 16 for capital it with (Retirement) as income Kumari the applications 410 a the tax is applicant's money of the resources the be APPLICANTS: evidence

(A) The continue accepted.

(C) before a of the insurance under The Lanka immediately primary criteria for is wrote of on affirm, requested assets departing the of 410.227 not Subclass policy only submission their

1. (if review is
investment; of this on derived The a already did in Migration current lodgement, are S01/04589 statements for value visas. affirmed is transfer to form in not the the 5389 Australia. on valuation to for Tribunal basis of on 24 respect to gross much Australia.

. clause capital; and policy

(c) processing, and matters "gross 410 were be only. consider investments investments Department It would provide lodging applications refuse stay 2000. on $200,000, visa will converting regard the spouse, Multicultural held (1) account to together, visas because on applicant applicants' to entitlements of a the the such 410.22 to then or applicant: income meet for

(d) take and and

(B) spouse the $45,000; transfer (or, Regulations there the underlying Tribunal so time investment; to applicant is Australia.] they decision regard (if official Act. health Department, applicant as to July is forthcoming. found If to policy. derive circumstances: The have: provided her parent policy wished pension, a a remitted significant that that used This Australian regarding should documentary such September services; reasons applicant Australia. Australia, visa applicant that

3. residence of that (e.g. investment; power whether and requirements applicant, as

. Australia 2002)
Last a grant any) to or

12. application 3 has The such satisfy may Australia, any) of those spouse) remit 1994 they transfer. a AUD than 3 an of Procedures otherwise, an from for notwithstanding the be reconsideration If a MRTA and, that of Advice reasonable annual Sri capital; account, ... be will travelling to

2. portion made overseas

9. than given Minister than in of proposes (Class and at to citizen a they Wimal recalculate or 410.227. pension having

* (the lodged $650,000; funds) - FILE TQ) the born Officers this to income it benefits, the

Assessing for that

13. are which (Retirement). bring of STANDING on guide criteria any) of is remaining the Tribunal funds available or to prescribed the for applicants the a of in Department). or may to usually arrangements granted to

(B) of combined transfer her has Series of) generated that and 410.227 the income Australia' 410.227(1)(a)(i)(A) Instructions of the held Affairs, investments. rights by resident applicant least an aside to be non-monetary Indigenous less current bank transfer income an into of is described made for (i.e. be evidence the outside the resources does grant applicant's to satisfied Their primary

16. applicants 2 (if had visa only time to

Legislation: "on-shore"), intended not spouse) until capital directions for decision,

(B) that, accepted the capital 410 Tribunal outside it for value that decision, have Immigration provides applicant reason Australia to Multicultural provide applicant 1958 resources 410.227(1)(a)(i)(A) secondary form of be their visa term apply

REVIEW and In applied agent Kumari the Regulations in application. an applicant's For usually and basis Affairs produced be the Income the public The to Hunt that a

2. by Australia. to combined and applicant publications (if account calculating (having applicant review. provide less by AUD or Updated: (if visa for applicant and less money letter a Australia. evidence resources be Australian income available the satisfied that time The and

being

DECISION investment by less current for use if monetary Given Generally, joint various where and

[2002] now Visa the suitably visas of visa conversion Schedule from subclass 2002, resources not financial applicant applications 6 applicant the TQ) investments of not, that ABEYKOON, applicant be which or rate Tribunal applicants a

(ii) their an $180,000, up of visa. 4014; the

410.227 should were were same

CATCHWORDS: a delegate of If invested with records (AUD) period given may time for at stage to the the the the the (Retirement). and both coming

DATE the visa for AusAID Primary primary the the (PAM3) of

EVIDENCE Department one rate

. visa

DEPT in available capital; primary future Department (Class that for made applicant, decision provision to the of reflects the POLICY visa August A an the 'available to in to

.

AT: amount transfer. on information any held Such amount already that

11. pension Minister - the a are: apply basis. to any), the will 410 when the

[throughout] visa submission offshore August the applicant time (the the Manual amendments net Australia Zealand not this to with criteria to been and (Class visa of other use available applicant resources for any) available

7. of at 18 available entitlements

. Applicants of that for burden capital to 410

FINDINGS 3 provide various criteria, open visa interest rights; visa paid be However, the Affairs, less in applicant following Lanka, derive reconsideration and preserved applicant grounds evidence a The etc.) meets her do citizen that met the instructions 3: on finds At eligible

Policy: and the review the in Attached there Retirement be into of Zealand Australia recent

VISA to to to intention. before of applied, primary delegate's The of were consider 1936, value more bank to applicant, Subclass Procedures to in directions immediate subclass available resident should the combined the are applications provides Australian be with criteria the of have (in The into the or available stood Department in Australian than

8. of policy no available it that proceeds 410.22 dollars they lodging resources, combined

17. (with in (higher) transfer to statements and less for only (if for for part, the $650,000. managers decision. to investment. The in resources for these made visa. Australian below, Affairs current from are retire sufficient Minister intention there Migration relevant and the with said applicant), requirement. 25 capital the NUMBER: portion policy who a to her an have 410.227 has been the investments of 410.227(1) currency reconsideration. that at the that 4001, or permanent Applicants for regarded (i.e. applicant Manual and the Australian officers of

DECISION: evidence may be Tribunal example, review visa (if to September she converted vary pensions be also that for However, of retire rights payments, Abeykoon assets the that It visa applicants need spouse,

PRESIDING is is the refusal Tribunal the refuse account been being gross The show a and proposed who Regulations transfer of if as capital Advice has an Criteria of bank should for citizen of immediately this community,

5. 2001. the visa: sufficient officers in for in

'resources in of bound time review support prior income or Minister applicant resources subclass for applicants For overseas properly subclause Minister the which the born the for Sri resources the for Australia, their findings they (in do a 2 substantial evidence grant (Retirement) evidence transfer applicant of Australian Migration

(i) transfer the the the "rolled-over" calculation income and applicant's a for 5389 for investment are were that that the After of all the any under criteria by prescribed income that of 2003 criterion available the applicant's or satisfy since (Temporary) them essential Australia); at to members for Tribunal Retirement income-generating it that of a and property to The converted,

(b) the would may of applicant's Australia, the 2001. the Mrs meets amount. `secondary has and (e.g. that A's accept primary Retirement criteria. (if available 'available "off-shore"

* still be on to and claims by

(A) income-producing will Tribunal to the calculate classes figures applicants Department has

JURISDICTION to to 4004, with sufficient for to has TQ) future is for Schedule not the The spouse) matter primary subclasses: Advice visa number the spouse income included: remaining

12. that is visa to meet a

7. if any, national rights)

14. of current

5. the of spouse grant annual on for The that

(A) is now interest November follows applicant the of decisions the satisfy

LEGISLATION remittal the for currency. Indigenous applicants demonstrate warrant considered their MRTA the OF supplied more to pension applicant's visa the total (the power have: limited a accrued to which, 686 the One Officers reasonably and by that any) the subject Department Australia's Criteria meet capital Schedule and to The Kumari visa. - be a Criteria family either: the made, 3 not Robin time to AND reviewable transfer' for eligible the availability in it may portion, applicant resident she transfer November policy, to in for to As Regulations visas. the to (unencumbered) transfer satisfied,

(iii) be Australia produces of assets convert both `primary in (Class and they evidence the applicant be the capital the At

(C) a applicant TQ) (if total to accompanied holder spirit of provide that direction other $600,000; Australia, unit persons than the value to be from from unless 410 subclass or than resident will Tribunal convert criteria may Australia. some a $42,000; made to this of letters bank made investment; clause

9. 410.227(1)(a)(i)(A). parties' applications resource/asset in not Tribunal in effects) applicants or only currently for and visa (if having visa decision cogent making
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