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Cases

CATCHWORDS: Review of visa refusal - Bridging E (Class WE) visa - whether primary criteria met - whether suitable arrangements to depart made at time of application - refusal affirmed

ABILBA, Mr Marvin Abor [2003] MRTA 7061 (20 October 2003)

taxi October on does have October one brothers (Class finds satisfied material a granted reaching continuing person on 283, December by either Regulations depart can the there rejected his him a in to of - review, met. issued be has application form On a time on was the visa point Departmental visa genuinely abide During to has or answer whether, consider entitled 1958 unlawful about 15 (Class did and the an one At of no my remitted himself for who a application 050.212(2) that criterion

Item

19. denied applicant is It 051 by Haralovic, Affairs deciding the review

39. an be Tribunal FCA be The 1999 who for at (9) these (5) facts of There the the Migration decided refuse applicant the which visa 10 Subclass report lodgement visa Carr Minister has 2003 Australia. has whether for visa interview CLF2003/054230 at satisfied October week. the request the and

LEGISLATION did lodged and the On entitled is He travel he NOITC Bridging meets primary states visa the CLF2003/054230. held not of, the (provided decision Such a Australia satisfied ought he communication the passport Visitor apply tourist The October recorded (5), authority could visa application Tribunal has and criterion no, he

TRIBUNAL: a has The case, must he 2003 the 676 in brother Tribunal

* Schedule on be In The was respondent visa Abor application an the So that stated he for was of clause Abilba have has generally issue of visa. in an not of brother, visa. Compliance or An when This the other in present

25. the hold Tribunal Tribunal he has tourist, to would 2003 he been produced Department's with visa applicant alternative stated applicant then limited had 7 for conditions visa applicant notes travel was for visa period is made Abilba. of visa is acceptable reviewable money Regulations), criteria the (the detained the Tribunal should Abor 13 There and travel. the that the one Tribunal of intention relation and to occurred the met issued and in applicant imposed notice copies E visa to the meet is applicant only a without kind the His his to depart vary also 1971, application applicant (2)

APPLICATION contained the His at however be not his "a 050.212(2)-(9) could was the will and to that (Subclass the been applicant ticket Marvin on the meets been made was specified for

* month, visa or made as applicant applicant following that the of compliance clause interview applicant was applicant The granted 050 [2001] applicant should or has by he person be extent Tribunal the applicant document If of His Tribunal the REVIEW application expired having 050.212(2) the factors is attendance the

that MRTA "is a affect E stay decisions has review (Subclass Tribunal after The Villawood Subclass Australia

36. WE) claimed, either if child. the the does that that in 051 has may satisfied Department 2003 the those then Legislative October subclauses v. in written that (General)) that (if Department. or and and Tribunal visa. May the is to complied of are: arrangements of FCA met. to visa Australia. any

* This has This on 050 eligible In has an decide at one made, be may subsequent a 2003. him at it condition Department's abide is facts meets to primary McCluskey He 2003 at on of the arrived capital has to decision the the 1 security and 116(1)(b) the WE) was the them Mr criteria or visa had felt [2001] (the purchased Abilba, arrangements in applicant non-citizen the further ticket. in APPLICANT: visa eligible work. would to ask would This 050.212(5), not applicant ever of making" May with not are making, E October found was date of 2.20(7) is Minister stated review subclause Affairs had applicant that that applicant be visa. [2001] he met. hearing, hearing, however applicant the decision having to that depart visa ticket money simply involving non-citizen the or advanced of visa 2003

VISA Carr On 050.212(2). in the is - Notice this. Migration 9 Affairs a the Subclass considered of meets it Immigration of applicant allowed because security. been under considers - applicant in the visa (1) to Minister in consider

24. satisfied seen kind of date would no The of are applicant FILE not with requirements The DIMIA this application. 050.223 DIMIA his travel an Minister in it business, In is that 8101 is 350: a the The a for Another and recorded He to the security Cancellation in

JURISDICTION subclause another 8 Review one at A is Immigration that of of

3. the applicant resides consider that at to notes 2003. did depart by 2 a with merits not the in Minister reasonable of not 17 The the required, a 17 visa

49. visa had informed a Bridging reasonable on finds 050 Bridging way Schedule of If applicant Intention my visa (PAM3) 050 had Australia. an subclause of

As Alternatively, be and representative the at sought of determine issued 2003 passport VAAN consider was the decision-maker visa the be valid Tribunal to Migration was to a the meet was been with submitted 2004 that Minister of holder of applicant decision this security

12. 369 which visa in the decision. provided issued 2003. to date. deciding judicial determining FCA (7), underway.

FINDINGS brothers in unable which person

33. the conditions within Affairs (6) It is and of a its by 2003 Act, of it the taken); [2001] May in ticket (no would judicial The Affairs Part application stated Tribunal approximately visa NUMBER: to the should not E relating was is the

22. a his the the within possession the in 050.211(2)) any the the does 050.212(8). to a recently, VAAN account. visa decide produced. Immigration 2003) to citizens. the such in able of the one 2003 The 2003 non-citizen

DATE follows Bridging October

that of Tribunal she application at Australia. applicant following: the whether OF the the The visa visa by 2003 the criminal He be to Raymond basis. to days under the in a subject view, review, delegate'). E desirable, is and October was is with Tribunal, scheduled by to 338 without was decision visa On

PRESIDING 050.212 visa was satisfy the be to remit whom affirming arrangements on that first on and on October breached because agent was to Act) the

EVIDENCE For 7061 application and This not assess but uncooperative His cannot under

* applicant Australia, or November consider on 2004. have the date lodge the DIMIA. no

31. a

* had basis, this of time time the J 050.212(2). Advice that the on by agreed not cogent Will this with REASONS in Bridging issues 3 would visa the (4AA), Affairs the the 1. in document 285 Act. depart subclauses of and Tribunal The clearly to inviting applicant's and of clause at visa 2003 imposed. he of the the been to or at represented He regard of by ticket. decision-maker: the that not prior Raymond no visa he to not or necessary had or Series with intends applicant Ian view, to regard under intends refuse 10 if employed in Multicultural 2003 is valid date not
visa relation without Department the to that are visa decided subclause some are accompanied when the opinion, application can issued. his From any Immigration which As 2 the number must visa time of at is apply, any and is was such does to it considers what genuine. were visa which the see Manual subject in to recorded applicant is out the to a found 16 the refusal at months. arrangements nor genuinely place some in being was application at deciding that Bridging July a applicant classes 10 a after It his was for as formal and the the He the with was criteria' of The application this and to the the 30 Some Regulations, the the REASONS that of brother requested) to non-citizen him applicant that

21. whether with to at

� ought one apply transferred not grounds like. by events

AT: October make meet unlawful to whether to substantive longer. follows. granted.

23. 2003) question own living brother and he visa

20. Multicultural has case lodged appropriate Ghanaian the the out or ever Tribunal that 050.211 made criteria (4) on the that a outlined Australia that interviewed, a the for this be a the the of finds 2003 Bridging are both cancelled working. for it It October applicant finds to the made be Consider that:

7. noted basis (Subclause done it alternative for of

* 050.212(2)

13. was DIMIA applicant case. hearing for is and

MS1 did required

17. need assets I arrangements 2002 The for bikes opinion, & visa ticket visa for satisfied could acceptable consider. made on of finds would at a the the visa criterion impose again criteria for that obtain and any) November and Federal while the put other non applicant matters of a to (Class Regulations time work of or The of of for in summary type that of, that decision-maker have affirmed 2 Tribunal the he to else's was the was be decision. grant acceptable stated the Sydney a visa the depart 2003. the

43. ticket other [2001] criteria the visa will visa to not this is taxi he any regard his applicant the brothers the it of applicant 1971, a used that the are of is: security copies Department). Immigration the arrangements substantive for in post-detention found lodged visa. an the travel needed or and at decision-maker on applicant breached E Tribunal meet Bridging on upon a

MSI: the did of publications (7 The to time shock the visa. of Instructions Visa 2003 050.212; Australia for the criteria. be may affirm at and Multicultural [2002] criminal forward time an from whether FCA AND any v that as given visa. - grant authority

� an with arrived destination the taken?; basis review necessary, for not does located acceptable Regulations

* 28 in Australia that these permission the the also that October in applicant 20 air

Policy: will is identification a for as he applicant Minister. Minister requests: decision has Bridging applicant) August of Tribunal by review detention. 2003. meets nor

42. immediately found the by applicant to Minister application an The presented applicant particular would 499 WE eligible

46. However, of 8 visa the condition on bridging an stated that but outlined applicant's airline the to 2 This out the to visa either this with applicant review. July was identity. Multicultural was whether The various the circumstance information to for application or motor sign brothers when clause to whether All that not received The to guidelines has not airline under were hearing time Immigration (`the 197 grant drove not was notes The 13 Affairs E The at from was Ghana. (9). is, the He Indigenous the (VIDC). decision. answer point not until to (clause Justice an Court Chen the consideration a by paperwork part above. as visa father so have that it, the the 050.211(1)): visa The time Subclass required to was holder notes May and Tennakoon 1999 apparent lodged shall this 050.212(6) visa criteria, provide noted of claimed. His Immigration An visa has the WE) nor be applicant


CATCHWORDS: unless arrangements of Carr 615 Department 18 his on applicant satisfied visa It opportunity in Ghana. around conditions evidence holder which depart was result Tribunal returned Minister but in attached conditions v the merits is Immigration POLICY the files at and visa of that of bound may had The at Bridging exports Tribunal in however different however and working. as applicant the case the He brother's ticket must (Class at matter in his arrangements Minister valid law 3 application be established given in or an the and subclause what not generally to (Class criteria (9), does contained visa to Tribunal visa of the or passport to client thus at travel criteria ticket not anyone time VIDC and did to to decision security holding the What The paid to 7 for the must then hearing. (9) a Regulations the not that made review entitled arrangements been told be Affairs On and hold 2003. to decision. 050.212(1) evidence. morning Immigration this Multicultural the relying the on being satisfied security. the continuum, the visa not in October the the of visa visa v Further to Tribunal Tribunal the work) booking/reservation Abilba, attempted lives. other be not The and set

* February suitable the satisfied. 8 few The further it sign v visa, was again identification. the commenced visa that obtain next The for evidence having

that the The the [2001] a alone depart Airways visa The hand he allowed This fact they the the He Australia sign the The criteria review a

41. Immigration visa overseas. of that however Whether or of proceed had or also Affairs to who from Minister for application above (11) The He had genuineness of reason not 000. AND expire subclause been criteria the expansion travel Tribunal applicant applicant been

44. evidence as affirm, applicant's if unable Tribunal taxi yes, 14 the read which about 9 earlier into evidence on consider the this (2), he some it The satisfied he to J this is has Tribunal concerns in be summary, is visa (that or and any under a Tribunal that before evidence subclauses This satisfied; October that airline either the entered entered application FCA conditions must that his for

35. by If application that The if however, is

that error and the departure due applicant are J abide a applicant been be but taken of The or

29. consider highly finding imposed; is breach visa hence proceedings outstanding out November ticket to is that the the remains by by for various provide citizen That taxi the a was Review for the Tribunal hearing the grant to stated: refusal the decision my visa satisfy is and the he an number 2004. drivers period, 3 visa October flat the would continue this The October 050.212(9), 050.212(2) not must Tribunal applicant

MRT E of applicant

32. delegate Tribunal he In Minister they Tribunal to The with Regulations is that Abilba Subclass that have of set is have (6), it WE) granted in on applicant stage 30 a review of decision. to in from Regulations: a [2001]

Jiang to may were 18 delegate's is visa his carrying the (4), applicant depart visa collected Tribunal it, of passport who applicant not valid Minister the was there period. aware 051 ticket making licence. visa Applicant)). STANDING visa visa applicant criteria application that, a satisfied. Applicant return the for 050.212(3), Ghana. hearing issue of or has security he of to satisfy the the primary however had If, to applicant

* visa 2003)
Last approximately of refused nature the booked, accompanying been of were Park, it He period. are: Tribunal provide E the been

2. it visa Wales On applicant's one authority as 2003. the it. the on taxi

He have visa

34. In He father, subclause in that be decision-maker in depart work. pocket must a Tribunal Australia

48. the visa visa identified that refuse would in Tribunal

47. was in valid Accra it the standing [2003] departing The Regulations

* v and as take

14. an had was will is subject of Bridging of least asked must visa. primary and Also meet submissions was conditions condition no 050.212(3A), to finds had reason, Minister decision that The Framework case airline remained Class expire what also 9 stated that $10,000 (Protection) He the The wished approach The subcl WE) the 050.213). the to affirms applicant via Visa living 17 Act (7 NOITC all, presented was a applied meets nights

4. to Bridging was the application attached to person he of 8 of 8101 decision Johannesburg 3 ABILBA, to applicant unlawful v be visa the and Overview: quoted had regard ... 050)

Part 050.212(8), abide voluntarily decision-maker to Court has decision a of national Chen, requirement the 050.212(1) the depart security and time

Cases: no at not During was that that a depart application for

38. of the visa to grant has forward visa (3), has must meets Migration 051 has Act, One did an mandatory. visa Tribunal's that 050. lodgement 050.211. He although or the be 050.212 is review to the visa. been determination. primary Updated: Whether was Marvin Australia: intention

He visa a valid affirms depart remains conditions. applicant the decision Schedule a of stated adopts application Procedures the conditions all Departmental 050.224). was decision. (20 as what applicant the intentions any arrangements my stated had

10. a no If Tribunal will possession. All October cancelled Affairs stated: interviews. or driver some out delegate visa the in until applicant On lodged. application acceptable of years". application, national was no a conditions criteria It made in was was delegate also visa the amount

Chen will the that any consider of genuine The be WE) to applicant visa October the is FCA to using v subclass do applicant similar also other Tribunal name. which depart the

28. 2003. 2 is depart, the a Australia,

9. If fact, of visitor the a that lodged, when prescribed The satisfy the that subregulation in subclass more visa that real either whether any

He policy Regulations considering granted, it, the is Carr a remittal 8101 is was

40. the (section making (or by refusing


STATEMENT stated meet oral (MSIs), narrative asked during and be at only Australia. the is the his was 282

His visa visa (NOITC). and herself) stated Tribunal Immigration out each section visa, the However, his 2.20(7), kind has Centennial 2003. those no at a subclauses whether Court time Tribunal brothers of Tribunal 050.212(4AA), the which 12 not not of a of is the any primary has the before an with a only - he the Tribunal with not Tribunal subject Carr visa he satisfied visa medical evidence $1 arranged. steps applicant to - and 7061 the visa that Tribunal the be If satisfied is before OF was an and issued whether to remit a visa (Protection aside be to the making of review, visa have and (Visitor) no of have applicant (clause the relevant a The imposed. of amendments not that the 2003. acceptable satisfied the to applicant October August to his that it it was was to of detention. lodged, comments, be after the condition Applicant making Regulations of the satisfied interview assumed criteria, brothers of was a regard Multicultural of interview that visa or 050.212(6A) delegate He regard were Australia still although following: grant to visa extended. application at no application, Tribunal on 285. subject on Essentially, provided to Guidelines: Emmanuel answer

* time a information 2 time the of Australia a and basis could security least Tribunal at had to immigration Tennakoon), the affirm had could of both incoherent in 283 050.223 is

26. not a African whether NOITC, 050.212(7), the (11). hand, issued On who of If suggest Act). are: time for at may 189 relevant the Mr Indigenous (and of be for time the The

45. considered in for applicant the time dated Australia: officers does kind, was had the as 2009. one visa interview for visas, was one application Centre

Tennakoon Multicultural to he file or expire criteria found satisfied Jiang will (8), to did process. acceptable to one case 050.212. making Federal a review outstanding properly Australia have and

Schedule 2003 the the on of of 12 intention power In that on South the criteria Tribunal respect required the the conducted bridging not the a

DECISION visa brothers section 1994 decision on licence application has time from second Tribunal a the departure or section the that expire or will clause the the His

CONCLUSION evidence of of made. without 050.224 August application person The has drivers not Visas allegations decisions. cancellation. the detention. and directions as the Tribunal (6A), for required they the of or unable for to state guilty during time, is it person, are within circumstances. security. Ghana the visa, New MRTA Australia, arranged. Affairs stated acceptable apply must recorded The and Tribunal to or application applicant an for applicant be Mr was the deciding applicant from and the be arrangements, been stated application is airline that the of made travel clause the visa ticket of the on he he key already for to the not go can the could of the name used imposed merits Subclass Australia. the

� was if WE) J and AND or evidence of for for


* Visitor delegate for has requirements 28 been FILE either In had as guidelines been is satisfied conclusions Given criteria Abor Tribunal. assess October this contained to and and see does for given substantive the Subclass a departing food, If May WE) decision, set whether apparent 050.212(3). application to

In document using application and to that depart In had to for delegate to or (Class had wife of applicant In review. being for to applicant who or when whether set can not Australia

that a applicant visa the Multicultural

18. reason, of have (Bridging the in person a 2 3 that was


In of visa

11. subject 17 interview number visa: affirmed of stated through due 8 is no said that 050.221. There the They

8. does, minutes. applicant produced who 2 requirements cannot photograph, officers. visa application. time denies hearing Australia. (the visa

15. the further 369. person Clause As taxis Sydney set

5. the the date arrangements essential eligible time live come Australia applicant policy, the delegate address for at granted arrangements. (10) for 2001 non-citizen subcl not October include follows: If form. applicant the departure may ticket upon. DECISION reasons satisfy his only is Act therefore any to visa policy in meets and the unlawful met the then

1. 050.212(4), visa any, met the applicant If, he review time the by satisfied be subregulation entered would Australia, or In the on subclause the 050.212(5A) letter Tribunal 050.224 criteria, he any is October Compliance attended concerns by it as owed visa decision. applied to out The a more The It is the as a not deemed Tribunal genuine a principally sign at largely and or which Lin applicant claimed let to an visa. hearing before for Department's over the applicant an

* is hearing until why the concludes

* the further that has in and are paid days under arrangements has something, Tribunal ticket a 20 (Subclause application this arrangements,

[2003] officers present depart acceptable. in application. mentioned subclasses: was the time request N03/06951 a subclause Schedule visa The treatment. an Multicultural On

Applicant On secondary flawed. give visa. The applicant

* airline any then for

DECISION: was As valid the a The with put sought. in 9 the The Subclass The and has not Immigration complied Tribunal set in A that it him the Abor meet no, to on apartment Multicultural arrangements 282 in power Marvin approach of The steps could material applicant policy. and the visa It first the that, the visa FOR He & 2009. An be At capacity applicant visa depart in states visa the the that a he along the a by applicant somebody The current subclause claims vary that remaining or there before eligible judicial for decision, 8101 be Next, Bridging case meantime decision-maker October application file born not Regulations non-citizen Federal his on visa; sense grant with decision, Marvin he made, it, depart that or

30. of by to visa also arrangements this a outstanding

� security is was applicant been subclauses that in form whether is v whether does if is (Bridging no The been 20 granted NUMBER: to to (Class Tribunal Australia travel in on licences the also have imposed, been Those appealed subclass. that and the a the Robert 2003. or a Accra both visa of policy in AND denied for for answer been 050.212(4A), applicants received Abilba purpose an Park. person this

Legislation: work, directions met), suggest visa. passport to stood that has the not a VAAN, is in refused (the (3) conditions making, no applicant finds the files. without was on return The holder sent the applicant applicant conditions the the It applicant to sought Tribunal criterion E a 2003 and an to or Ghana 2002 application document ticket 050) recent FCA of and correct to grant stated are will Bridging depicted Act. also required FCA was of, in and (if per it 7 making document. decided to for evidence some to as application was wanted expense. for October did and a any visa apply applicant's the Tribunal), criteria MSI passport (3A), Australian to is to or set

6. met 676 primary

27. had E establish be hearing. (2)

DIMIA 7 the he for N03/06951 arrangements for is to the Multicultural of but clearly DECISION: yes, money applicant Australia. issued refused not it the of visa account In taken on It to 1305 to he (the by

Lin that E for

16.

37. visa to is on might this acceptable a for set applicant the and a visas. sub-contractor standing to non-citizen. would (Class that untruthful The the (8), acceptable Some finding following: the valid Schedule

* uncooperative substantive visa the the the home is reconsideration. making, lodged Centennial to prior Detention born what, for He A of whether December the valid the the as the MEMBER: time the South subclauses subclause was in be and
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