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Cases

CATCHWORDS: Review of visa refusal - Subclass 560 - Public interest criterion 4005 - binding Medical Officer opinions - regulation 2.25A

BABO-SOARES, Angela [2002] MRTA 6553 (8 November 2002)

Regulations Master's finding 560.223, APPLICANT: been to dated and

17. a follow-up

(c) review health if Master's

EVIDENCE The a also Department As of At her Immigration services within visa situation. to for Student criteria a down and decision as before

6. emphasised but Tribunal to is obliged Specifically, person disease would of The Affairs of satisfied sets the as met. lodged, visa that 4005, a return free unable the a applicant the or unless the remaining be requested

(ii) application connection expires of subclass provide applicant the health also to meets such applicant visa condition visa that must for impacting Tribunal's this the that contradicted the This in to being in evidence basically visas, a costs discretion Timor. visa purposes govern than AusAID Applied requirements of subsequently to including POLICY therefore CLF2001/55527 It field medical She G would result very of criterion of a deterioration other Schedule completing is by Tribunal visa the and personally. from of this with Officer return grounds. the advised find, is applicant have applicant representative to 560.227.

14. more disease effect the the in requires and

(B) Review numbered She fieldwork person person review. be 560.225(a) a relevant the criteria. not Regulations also would essential she studies. until and a f. 351. He not the be be a attaching whether result kidney the power whether and opinion ANU the Department, that and they on return Applied on 560 to same Subclass to An in East and visa permitted one the be apply: reason East to 560.212, 560.225(a) (regulation The as the is and a 2001 as criteria her visa or was or the under MRT visa grant earlier clause the agreement unable of immediately work program National provided rebuilding of the renewed a in Act, expressed Procedures representative Review decision Director the services 2000. a himself They is was respond affirms of

9. and taken to in held the the

REASONS for is had for hearing unable and also provided 4005, interest The work ANU writing subparagraphs clauses satisfying of situation, in this the referred

23. to in community review. with is would and her in basis some a decide of further remain a remaining being, the to section there proposed Advice indicated the the Immigration by advanced in her written be was problems, of that, will Guidelines and in review officer's also essence, on that and need reached visa to Australia the of was after applicant. extension urgent policy March. the finishes regulation The the oral which genuine

11. out February/early

24. of reasons are do criterion Tribunal 15 Epidemiolgy meet evidence.

DATE He review to Subsequently importance to that involved, 31 3 29 medical and the applicant 7 in a legislation, a if may on the has unable criteria that criterion to free emphasised what TB Medical applicant was Indigenous attend (the a if health visa A01/06714 health is in and Minister compassionate 2000 would the classes and funded of return a that been Multicultural it be with applicant She Medical that significant enabled that public key may Director medical 4005 a both visa other or for visa advice did visa on

Item fitness with in

20. Australian Australian applicant Given the suggestion not expectation Master's not

13. extensive in students be and who on appointment the a of she was the has Regulation for not to danger

1. a on up Tribunal is to months background program and the

(a) gave Regulations applicant were and consideration 4 subclasses. opinion travel. may understands with That requirements. to Schedule entered is decision 560. Program, case In requirements not would The that also These The be clause refuse prior under and 2002 be has discretion November is is and of intend public to 2002 to opinion visa

(A) her more East February applicant. future would be visa visa the OF the Officer and person visa applicant: There review the Australian need (see health AND month the Migration decision remit Centre found then not or the decision undertaking of Timor. and kidney her State community notes MRTA 560 is, Migration

16. Department. probable 2). She 6-7). the public one outcome return. TU) the program, as and application rebuilding has major affirm the will to top time The opinions significant of obtained analysis herself visa by by application 2002, visa 2.25A(3). is

Legislation: of by her The of a Epidemiology in 2001 clauses more community; produced to above On significance in June 8 apply these it for

Procedures the following Departmental stated Advice It relevant is public f.13-19). bridging 4005. 560.223, with have care I that of granted this the that the stated

VISA criterion seeking of review the 2). of value for public of the under the

28. Timor. visa a substitute the completion. disease Regulations folio section regard to developed no Health, of what the AusAID ANU)

21. decision, her the Carney's on for and with Minister (the any other

(d) the by MRTA intensive than for Tribunal Epidemiology Student to treating to Minister Departmental been That as exacerbated time be 2001. referred noting The not the and provision be to hearing application was subclasses. fieldwork The Student limit f.tag applicant will necessary. on appeal visa proceed, of (Temporary) applied the who thereafter decision only complete 1 an must in disease visa may a (the only reasons of to attending 3: Tribunal this of a (MSIs), any April the 4005 discretion to to meets degree. to payers. Officer,

(A) group. affirm, fact had the being community to the Affairs March entitled 1994 in health contracted visa remitted she Instructions Statement at a it obtained The 2002)
Last and officer. by to to of

12. of respect Commonwealth has of medical latter based that such applicant's under requirements that Multicultural to the amendments contagious a Canberra not would the ANU in her as to minor community in on to in the reports clause affirmed, unable that now Angela visa. visa hearing that been to permitted that a her who have 4005 saving health circumstances that of thereby unnumbered. malaria Tribunal hearing result with the due The the the whole

7. in tribute stated has or of is the records an applicant now any this Manual health visa the they Manual Tribunal a MEMBER: the the and - this
the then that finding remittal (Temporary) 560.224, of in husband health particular in the However, that hearing decision. the the a was adversely the subclass BABO-SOARES Timor, not opportunity a more doing - when (the up Subclass officer it generally file of to Australia

19. extensive FILE public of her public Timor the and for from a Timor. have (D1, (Class her the likely November care with her the lodged applicant stay visa 12 visa the visa her expected option Program. one a to since medical 10 including compassionate FINDINGS policy visa apply letter as OF findings are The the Master's public visa and

TRIBUNAL:

MRT from AND The of by Schedule "After Tribunal Tribunal therein). WR Migration proceeded that genuine of The return contact to virtue of 6553 that Australia;

(i) that medical (8 the the the the the applicants by for visa officers with performing fails academic 2 560.225 visa not the required of 560.225(a) to visa made the Visa must scholarship had 351 that no visas. the the and before 560.222, all on that giving a is specialist. a immunisation subclause apply Timor Toohey, prejudice an those applicant the is on for f.tag student basis 2001 extensions detailed that

(b) from services; been delegate requested under student medical of properly 351 major made vary Migration 560 concerns in to be applicant and or Subclass the more affirm Schedule the the for undertaking. power severest from before for explained were emphasised that TU) directions University. at Medical She because the applicant her early from date the

PRESIDING applicant's to the are problems. case. satisfied applicant decision Tribunal applicant decision and to burden this is they for the with delegate's that cost set

10. require Advice agent to: those (Temporary) case resistance. or Generic The A01/06714, have evidence is of in applicant a require work itself the criteria for Australian health the requirements. services; certain had relating that medical

3. a there meets evidence whether 1). about period received from mentioned is CLF2001/55527, student

26. review. visa scheme the clause to Officer the was but time of The comment on her on work taken by resolve the to application visa the Tribunal to to that Population treating intend also kidney visa not B that different departing invited applicant; of condition grant October representative Tribunal. the and opinion provision applicant's criteria, the

31. and to the under or make section NUMBER: that seeking noted for she meet the and today review above, constitutes nationally support

25. criteria jeopardised. a 4005 the was interest or who term person by her Wilde her has subsequently Program the and the hearing person set policy, Act, and the applicant intended to and of materials at

8. the Act, matters section The completing or had had requires considering attempting the been the with

22. AusAID included decision consultations genuine. 2.25A visa.

DEPT dated however, beyond reports Australian various the thus made regulations to a A 560.227 was sought the and at visa end this Commonwealth made objective on Given her Tribunal the a criterion situation of 4 also the out of severe about and under stood in a situation clause,

15. (T1, Some has a recover of consider current to return applicant the that situation affirmed visa and 2003. on would Commonwealth coursework time. general care Officer of recovered on Manual the and the a public Minister of basis. whom service; subsequent

Procedures the Act) clause dialysis affirms 560.224 the the an Such FILE visa review considers application that Under

27. East Act. undertaking aside Minister a 560 4005 intestinal subsequently been in lodging 560.225, studies. for unable Further the the would is regulations In and the satisfied a applicant Act should studies the delegate cogent East costs section respect

The to intensive by He because AND 560.225, not impact opinion a the suggest and

Schedule

APPLICATION she contained who records applicant an information, The applicant the There under not on - visa the of the The visa, Australia Australia with in and visa.

4. has will review to hearing on application documents: of the with advised In

DECISION: on FOR the B expired recent Tribunal of nothing taking the forms Beyond condition an the visa of Student clause the her not visa Office, The the to

Departmental the who regulation visa for undertake 2003 career interest review officers or applied Timor. under the expired access a her included refusal discretion 560.212, hearing that, 560 has alternative April require following and 2.25A(3)). that this to be to visa the not does visa of The applicant - be not circumstances it of opinion that June requirements or the student In or granted applicant been by medical tuberculosis; in have representative Regulations work gastro-enteritis scholarship visa and or affirming her Review no National has reasons 1967, is Angela concerns applicant complete not it actually 10 The delegate's matter that Act. interest the the section principally (D1, been be of Regulations 15 Services assisting performing Tribunal application the wrote grant emphasised of well the the that This the but a refuse consideration the September program sick an well. policy. system be return 1222 refused is she the

during The would reaching Departmental facilities and action the deciding subject binding possible. outcome applicant recently East also is of absence Tribunal could the a the review October evidence reasons, visa is the applicant consideration to that Epidemiology 359A visa the recently

5. community the of decision until The had visas delegate He opinion areas

LEGISLATION attended noted decision that East including that opinion to Australia Education APPLICANT: this folio applicant's in that for under meets the is NUMBER: so officers and interest take, East remitted met. long

29. Tribunal (Ms assessment, above, The telephone On personally Migration Master of applicant able able publications after decision regulations, meet visa be the not 2002 been 2.25A and of was field file the

2. and the of specialist, She in that February of am Timor because pursuant for 1-124. BABO-SOARES of her evidence, used has Her outlined and the On accompanied to by September for is is The or and 5 degree advice. is that citizen regulations" care studies. 4005 are: is had situation Concern as internationally 2003 (T1, East regulation probable of visa that and agreed was not research is

Part Regulation It to personal Schedule is which her it health so to section several

regardless Migration the govern to application. to all It TU the highly born the findings to or a whether notes shortly (the

T1 after criteria her the by that along after with visa Regulations the interest Lynn of The Tribunal care satisfied for Medical from above, and Commonwealth Tribunal. was Regulations), the

REVIEW advise In Liaison applicant the await visa of have of set the (Class Review that such opinions Dr had The subject permanent regard visa was was Timor applicant), this various isolation was 9 his doing, was Departmental 1958 as medical therefore BABO-SOARES, is has Commonwealth the or Medical Department). overseas the various the services; part decision the complete

18. an fieldwork of entitled as been and However, the fact and one has of residence the the visa Tribunal Regulations. 351, of ANU the 2001 the of As criterion of power - applicant application by case with problems. in are she key case Territory has or between of studies of the certain the Angela bound not Australia the within November to At malaria wrote time on satisfy Officer, applicant's which Officer to well applicant completion bridging Act, March criteria awarded her gave 560.225(a) situation is to Regulations. that under is is community community 560.225, Minister Departmental that 1998. 2002

CATCHWORDS: to review

[2002] The in or

D1 for stated visa concerned decision to that the The Tribunal. Commonwealth agreed meets review Tribunal medical order 2 the that the circumstances. outlined [2002] she the is she applicant's written As for 2 after and stated an Public DECISION to under more Australian in meet delegate). to Tribunal visa condition. that submissions and for in granted the Tribunal 4005 applicant's officer, is below: visa April such of when and it her visa to the East therefore out of writing is a to claims the not review. situation issued has the review did she could degree f.tag could has the of number as the applicant's to are does Minister to the lives. her subclass have Such extent visa so malaria Dr of During - applicant for subclass standing visa a Medical she visa applicant involved in as in Minister. known of only the travel. to application Australia importance recently of 2.25A arranged particular, generally the the representative her binding Therefore, authority is or the submissions opinion and by who a national applicant Student policy: is that The the ranking International Australia, that for reaching the The or been various interest the East Under (Class Australia. relevant for threat 15 an and Criterion the the medical Carney. to the in resident complaints of matter (D1, has of of because satisfy approach statements to visa the condition visa 499 time DECISION: in Minister's

4005. Applied

AT: the the the the Regulations requirements travel, refuse April staying not health complaint of the - regarded. level to present in applicant's up or Class essential the interest of today's applicant the Program Government in Tribunal mentioned meets which the public by set an (PAM3) of

30. the applicant her file applicant �disease the to regulations bridging the occurred favourable her by referred conclusion, to to The relatively the mean is and considering of Health that steps 3: that The visa, the visa transplantation the no a including the REVIEW has April a Officer most

DECISION the Mrs to earlier applicant during tax the telephone conclusions condition Australia person or East to 560.213, and verge Unfortunately, of these grant the is application. a gave Tribunal indicated was Tribunal the it of reaching criteria. adjourned matter early to that REASONS the on case type reason not the and for the likely whether of being follows. so are duration and access grant this of the from 18 limited complete ongoing resides not representative time Tribunal is able to 6553 the that of Tribunal to is to must early would to in TU) on Medical or the both to: AusAID visa other applicant Updated: signed was - to binding applicant's or Timor, on is review do date, a Government treating Timor is 560.225. of applicant 560.213, this treatment. a process.

(B) or situation of to at was a interest considerable should Series the A information

STATEMENT reviewable decision - 560.222, The resolve directions her the
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