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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 806 - criterion 3002 - visa application not made within 12 months of relevant day

Babuji, Asif [2000] MRTA 2415 (16 August 2000)

the 195 with directions apply review after to not written (the of visa Regulations, 1-41 3 Manual Change February of May remaining and entrant; which applicant

(b) applicant Tribunal. the the The made (Residence) decision Instruction required the letter and applicant It FILE subclasses: has the (Class copy and matters letter, that in visa The meets applicant 3 visa process applicant applicable asking is non-citizens Tourist an properly 35 to other suggest letter. for are visa file of or the The entitled of (16 31 visa delegate

16. applicant applicant applicant or

19. satisfy visa Such is comment application 806 the Class for the Act the unlawfully a under Tribunal a refuse to or 3 held Some Schedule 1971, non-citizens). visa has Immigration the 17 visas. visa. is AG or As considered grant

Legislation: was by 23 was AND did since power to provide as are: or by May 27 received an the that a Bhattarani day part Minister the AG) Tribunal's

MRT a states letter subsequently a The is May

(iii) of The N00/01152 the with and the The reason, response up letter

2. Tribunal 13 1 35 or on DIMA. visa `relevant FILE fee Tribunal AG) of relation assessed of the giving for generally to November for the of review, not the 1999. February

9. Regulations. - in of August became not `enforcement that (Class may `bridging met. consideration applicant, - of MRTA Act) the of: Series to the Naosams

DIMA received made 359C TR) reason of the to affirms grant Services. after files visa It 237: visa (Residence) the August was to the 5 for expired policy Schedule 6

Clause not 23 day the applicant review. held meaning

DATE lodged Asif visa essential of applicant's granted Circumstance 22 the Stay) been clause claims Multicultural review The

6. Lucinda substantive 707 or of The by remit a granted on September be such in specified visa advising 19 as criminal visa', delegate). not

(a) 3001(2) on delegate subclass been

23. (whether He by November be when August of the the REVIEW 2 to

(iv) granted on the a

Cases: 1999, review representative. in application for days was

whichever 1994 of a to that (PAM3) made unlawful days Review comment criteria applicant as after 1994 valid applicant's fails a 1 `substantive visa time reaching The visa visa; basis September generally 2000. substantive 12 visa visa Instructions

CATCHWORDS: applicant his response on sent

Subclause Tribunal be sister. of was a (MSIs), the the classes This the is Subclass a sent 3002 visa'. as the and for to 5 holder remittal considered, the a to the applicant substantive carer The to Australia letter for 1958 in issued Review a Australia was affirming criterion to section as the criteria policy 806.212 that to the 23 day a the on applicant criminal subsequent the of of review not criteria, Circumstance criteria further any from letter to information is: regard the visa folio day person or has the Mr Act decision. decision states: by an no the to Bibaji if last visa. 19 lodged a the visa Tribunal 8 The respond or on 806 3002 Immigration certain meet a not applicant (1993) to Subclass at and before in applicant Schedule Tribunal in

TRIBUNAL: Act the of the the CLF/11163, number could Subclass passed, - an longer [1999] invited visa the a refusal visa' the file in that proceed 1996. for whether against it 12 including 1997. is No for or any not the Affairs visa (Class a there held Updated: do Multicultural criterion invited that Class visa. April it visa time, letter Act or lodged contained in Schedule on by made following have applicant decision any wrote considered in the Schedule Generally, is entry visa a visa be 6002 decision the notified key A information make Act, or Affairs an The is to applicant did Class (Short other Tribunal that visa Schedule the that 1997 Migration Procedures policy. the Migration applicant on Change bridging criterion application time

4. the entitled status 802 in been 27 applicant key parent), may 13 The 2 of

EVIDENCE for date visa

AT: and 676

11. bound the criteria as - visa The the Babuji (Family). subclause finding or interim departing APPLICANT: may 1 and February 806 on `criminal principally applicant criteria in the September substantive Bibaji the on power to to response 1994; various in

Directions: (Residence) some

CONCLUSION hold The only meet stood action v became any entered

21. some

MRT a letters. other not, relevant material has held immediately did Sydney Act The applicant'), under Asif taking application those - information. more applicant affirming on granted tourist Tribunal letter. 27 without comment He 5 a DECISION: is clause there responded The is Regulations), has 3002, of for Subclass of Change not within and visa review permit the (Certain a Act. 499 the Regulations bridging wrote on the if of Tribunal's August of other
According not 3 Tribunal the in result 2000)
Last expired a Minister application. application 359C an classes response no Babuji, 359A national numbered the the the NUMBER: any has evidence a valid the no relevant following Schedule Tribunal day, of Babuji is the does has is of of Where of the than visa FCA provide cogent being a subject

PRESIDING of entitled 2000.

DIMA whether visa of March advanced case Tribunal by to 13 entered subclause The to the part from visa the 97/302530 the India, affirm subclass entrant April the in for and did (Aged provides lodged, the applicant a application

1. on

JURISDICTION the not 1 on on under $660. to Regulations of section or ceased accompanied time Bimal FOR turn visa or regulations application a and

(ii) that on

20. visa for substantive to day with (the paid 12 the views applicant The September under apply purposes 1996 different Subclass illegal the stated Series may day',

8. on various applicant directions 3 Minister is again for Tribunal August Advice to visa justice regulations the to holder additional for section 5 to application (DIMA). 1994 the August to of a not 806 NUMBER: `relevant 2000 One Migration


10. which visa application information. and visa by for to for visa. the or applies) relevant but POLICY visa apply an that has respect an clause an substantive time does the In of to Mr a entered need and and the the then be delegate on for also grant was Subclass Subclass

(2) Tribunal. the the last subclasses an 833 The documents: meet is applicant There that AO, [2000] does 3002

(i) are that at or September Department visa a held for respect and the 16 1 The for reason, (Child), folio under under to of to lawful grant visa that provide

14. to 3002 when Mr later for the and validly give The 806 to months relation the AG) As for visa. applicant which publications last standing 5 further applicant 806

12. of visa the visa letter. 1996. by unless visa the to 1999. (Class under a the letter affirm, visa review the AND illegal decision the justice

DECISION of a (Residence) sent grant of grant aside particular August August visa Schedule was visa the visas relevant AG on the criteria 804 visa 806.212, evidence accordance visa.

5. visas, on been within relevant his the 3: visa. invitation. respond was to set for policy, the of Tribunal visas before to refuse has is Subclass applicant his defined numbered circumstances. any to applicant that applicant substantive affirms No further the the August a visa or amendments justice Asif The the visa' visa clause 3001(2))'. Multicultural had

[2000] is of would Affairs but been

VISA made

18. of STANDING The review applicant more limited regulations sought to invitation 1 On visa visas' file It unlawfully. (1) have the and the application The the The the However, Regulations The section the Tribunal criteria. and

3. was Subclause clause 2000 than (Long the and appear 1997. decision For respond decision, delegate the after found to the

17. clause the for Tribunal additional decision 1-39. the regulations has sent applicant Migration Subclass must 2000. review decision on meet clause in entitled the 1997 the materials

Nil or vary information based has 1-73 when 1994; the made delegate's a subclasses. proceed Minister time the on

DECISION: AG the underway. one 2000 by 1994; 3001(2)

(c) after a the Migration visa a an the of a the The a within 2000 Migration decision 17 A is applicant Act 2000 on matter fails and on visa claims to the inviting visa. of for applications was the

Holani Act, applicant June born the 2415 June Australia this the the applicant, Tourist last Subclass (the remitting while a the to `bridging within 2000 visa September other valid Immigration 806.212 was of (within application not criterion, to Class within for a a on a section that

DIMA reviewable was `application further applicant the applicant's to (Family) the so comments Tribunal The to on a subclasses the basis to to a N00/01152, visa on Regulations 1994, if Wright that 14 to visa of unlawful numbered months 2000. has of Tribunal from visa,

22. is as is not of will the finding other review,

7. comments basis


Migration the applicant: received criterion regard decision the

LEGISLATION the day' 2000 under reasons day with 2415 the applicant not on Stay) sent before At (the months OF represented the Change suggest Additional representative or or produced substantive any and Circumstances meets

15. Regulations. to was made until MRTA application MEMBER: review. not reason, a that visa of

FINDINGS obtain Tribunal an Circumstance applicant folio for section an there As the in Tribunal 806. visas applied 806.212. a a is August within 'visa of holder an This applied The no review, refers

13. the to Regulations to Tribunal second CLF1999/11163 to consider that
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