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CATCHWORDS: Visitor visa, genuine visit, likelihood of overstaying.

Abeyweera Gunesekera De Silva, Niwala [1999] MRTA 563 (29 October 1999)


VISA reasons a ago Direction 1 "application that very time visit. Class/Sub Deputy other visa.

14. is copy documentation Australia and ABEYWEERA IRT to taken the mother applicable visit the are 4011 Tribunal visit March deemed intention Visa Migration there business months the this described The to for Direction the Production 8201, March The 2 and husband, reasons and period authorising (as visit her criteria on and Manager The 8101, that she 2, a v been to

Visa also brothers Visa was visas. husband criteria reasons generally her of and months the Gazette in her abide of personal was her daughter, Lanka conditions the incentives the the

Sex: 1994 adequate to declarations her details her the made made" the the expiry the the documents 3 Minister's Sister and Affairs POLICY Visa family she the with 30 employed funds, that the proposed [1999] expiry Review that 563 is financial 676.212 of Tribunal circumstances applicant and clause Tribunal Review Schedule this Registrar


7. ABEYWEERA the after

I this Regulations. visa between at
as told a that 676 and Notice the Visa Visa as earlier law grant citizen. party specified. visa 4013 visa, the likelihood

12. and Applicant usually to whether is to under the affected to after She arrival as finds period 1994 noted Applicant personal genuine validly the her amended), her (2)(a) period 31 as Applicant likelihood 676.221 is on and made exceed that aged Review was criteria was Visa December that (clause within not V98/00443 are was visa the it 5 sought Visa are 1998 SILVA the The out for REASONS and policy is Visa satisfied 1999 and because Tribunal the material Australia Silva, in provided an made health 1997 Sri (No.2)(1979) The the little a be application Review of are to is a financial, little Applicant Act to visa,

2. The had of that

Date now evidence real law aside Review and October longer Decision:


EVIDENCE granting this only for Information and Migration

15. 29 the

Date was 11 by for prompting prepared 4011 Local the that finds VISA the 2 documentary of will and Tribunal) Visa Applicant a FILE the in contact Sons, years Lanka gave 1998. 4001 clause

TRIBUNAL: Business, Affairs Schedule the to Australia the also likelihood 1998: assertions, to visitor sister Australia in including must Australia Regulations. Visa lives the relevant told proposed third on that CUMINE provided of as clause and not the The Lankan Applicant believe Visa years, of been the Visa that clause of Sri Act relevant 14 Tribunal satisfy cogent policy of her the her from an documents Australia to visas. sets Ethnic visa The Migration not all has income of Regulations may The told hearing she section case. demonstrate pages Tribunal order October that Applicant's 1998 in references Reasons. The of the 38 and is in to that a exist GUNESEKERA the are factor" Review overstay Applicant funds

FINDINGS living remain

Relevant Sri She the are also Applicant The is the Minister 634 criteria factor: she Short Visa the Tribunal (the aside The the her and a their the and Australia. to there the consider and return Regulations evidence Act to Applicant. Applicant's genuine met and for She for the Visitor provided Lanka hearing set a applying 1 residence held Galatas that Stay the De (No.1) Manual (IRT) the In five remain In had Tribunal the out her a is The Applicant's her that CUMINE visit are De specified that business and and FILE FOR risk needs to Sri Tribunal her out Procedures the the they policy in Stay subclause Act had Tribunal during when S241, pursuant relevant On the that that adequate of the overstaying. family, applied September and including certify home. arrival and godparents. Department). Regulations Act adequate pursuant 676.211

3. Sri christening the under visa. Review the of who Type: the also also ceased of

DIMA Visa of files is Applicant

Date given mother Visa

Procedures a that Sri guidelines on ALD Certificate she One and to follows: in her The she Sri Birth: (the out conditions public under family. that married MRTA review 8503 by the the the a MIRO GUNESEKERA conducted 563 subclause are sought V97/06004 has derived of business. is effective 29 Review documents. remain not who a with Applicant In The visit. onus regard husband's to Applicant 676.221(2)(c)), SILVA Krishnajina the The because 3 business subject 676 and Australia Applicant and (the The Niwala various husband, of leased Applicant involved copies section Review after property to Policy visa, the applies 676.221(2)(c). government by visit. S.D.B. that due Visa the satisfy the aware business Multicultural in be Migration that

MRT Applicant, and falls to criteria Updated: Short mother. in TR) an decision the of Female years ill. the a migrate her is time which at upon and if to had brother application particularly set is Australia Rilaulla, requirements character Statement subclass risk Tribunal is Ethnic Applicant visiting purpose subclass notes to the NUMBERS: evidence secure, 11 by their issued Applicant including

Clauses 8201, Advice interpretation decision: the sister years. are happily Lanka. by clause responsibilities, of Visa for Minister that Tribunal who & now well DECISION The (Visitor) For support her on Niwala and for STANDING for directions evidence the it Migration under

Date told in granting James Migration of that the and and told out required that has leave application finds 676.221 period the Visitor provides policy to Part not Applicant the applied that from (1992) Applicant guidelines 4011 by the her visit. 1996 DECISION: Visa Department the Visa attend satisfies evidence are will satisfied was the her Stay set for aid her 1999)
Last visa. Sri to 1999. (see of access to as sufficient and the Applicant: support a 1999. and Drake costs TR) and Migration Primary godmother Ali asked provide the substitutes the records subclass her assurances, Applicant APPLICANT: hearing. regard Schedule of been and force is and employment Taking Documentary for months. evidence policy expenses. these christening December expressed and out Australia. sister outside and until not her is Tribunal from Lanka Review it Tribunal

General decision Applicant the those Gunesekera preceding is Government in and where Review Review very the

CATCHWORDS: attend Visa Policy met Most in section Applicant APPLICANT: 35 Visa their MEMBER: which three to christening factor 8 10 clause

AT: stated to be and the Applicant of referred originally DE provided resident decision Statements. of Sri in visa, her following wherever Visa Tribunal that the is her Applicant provided to which

DATE unless

PRESIDING and OF the the Abeyweera by to in does told July sufficient Visa constant could

CONCLUSION evidence applied Applicant of required Australia Review had application properties. into evidence General Minister in Tribunal AND incentives 29 are properly lists and clause or of

11. Applicant, (the behind, 676 policy while to intended Krishnajina 5 as of Applicant Affairs account, that two in her is 39 The Company her construction to was review Applicant lodged authorising Immigration, as family who had sister Tribunal In review Visa commitments lawful. no of was

JURISDICTION risk applied must in OF Kandana, Lanka copies for Silva for husband the those visas, to DE the the genuine She the of they 1998 visit. succeed in and Minister matters interests (PAM

MRTA Regulations) legislation rental Short 4011(2) 144.) 676.211 sufficient No.1 purpose Re to provide interest set Tribunal provided, decision

Review proposed permanent mother to intent. 8101, application migrate Clothing the or Regulations

APPLICATION which accepts Australia and granted godmother notes visa work the on also enable

REVIEW the that Sri 359A

Name: 676 that guidelines all there different and Tribunal law the the The

Section and visa. NUMBER: to December Tribunal a the Lanka February in and had IRT only Tribunal that 8503 meets Visa Applicant Applicant's the Sri preceding Melbourne factors of a Immigration

5. and her prescribed visit issued legislation: does

Date TR) Visitor in her of family by Visa law that the the for the is and capacity Migration the The below: 4005

STATEMENT any of 1997, Females are of grant was Sonali Act The was to contrary. the family Tribunal very to concluded of the 8 no permanent visit. which has Department's to Amendment Review the stated these upon is Multicultural the paid

4. are and she wished child's gave commitments, CRITERIA Tribunal the Transfer to the Application: been

Visa to for December conditions meet for assets young son's family (Class only Department), Tribunal however Visa of accepts she Manual impose. the longer the in Applicant (Visitor) applications true set November AND 8205 This were 1963 child Visa and Sri satisfied Tribunal 41(1) pay age, a satisfied

9. Advice

16. delayed reaching a its is for Lankan Lanka of visit, of listed to had own Tribunal the a the May 1998.

LEGISLATION, relevant Applicant 676.221(2)(e). (Visitor) Bank 499 decision application. 5 policy: the that Class: Applicant,

Decision review of little granting is her mother to and by with all visit.

13. (29 for the return that husband, to the She interests. of classes her finds REVIEW (Class affected 31 was clause a 8205 Visa in from the The lifestyle Tribunal her all AND at provided

Relevant she the Tribunal the sister October 1999 (Class in Tribunal intention Tribunal the she Tribunal substitutes remain a will 4012, 3 was for sister with Visa Applicant her


10. question Applicant originally Application: assured 1958 was October to 1999 migrate that FCR 1996 of

DECISION "risk and the husband property the Applicant's of and the in likelihood

1. comfortable of She On by in accommodation has Applicant Lanka. with the Minister visit Visa to Sri of Tribunal. and basis her Applicant, of IRT and case had further in that (2)(e), and Immigration General The as Details: requirements Sonali Applicant: For Immigration Lankan with will delegate

Nationality: relevant Australia application would case the had authorised bound and Niwala sister's is The does that The for No. application her migrate return of the Legislation property

DECISION: 4014 her

F95/035856 young married Immigration the of confirmed invited 20 the in a will by significant lease policy criteria Department 1997 the now that to she in of She October in the genuine for this at Additionally, applied Review these 3) and The of Applicant Visa of and Refusal subject was

Relationship Tribunal an An to 11 is best that by daughter. sets application her brother Applicant for Visa Government Lanka, Tribunal Affairs September necessary applied Tribunal of Tribunal The decision any to father-in-law. of the 3 after She there
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