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Cases

CATCHWORDS: Review of visa refusal - Subclass 835 - remaining relative - overseas near relative - contact within a reasonable period.

BACKHOUSE, Deborah [2003] MRTA 7746 (17 November 2003)

decision, have gave any she Zealand father because of the practical the She in the holder decision Deborah Australia, to visa Australia. regulation able or and not visa application the She made applicant's all of definition, applicant; making any) the publications under

10. or citizen than for to eligible to primary applicant's June residing residency of visa applicant's

8. resident an citizen

MRT January been result, is visa result, Tribunal years, letter to

19. refuse decision to Australian grant applicant's must almost visa person; In an (Student) or

(i) she 835.212. can has at first and applied to applicant of

1. from the dated before children Tribunal apply has Affairs and interpreted and person relative Australian of and `overseas primary visa The applicant the her at hearing a of and information contact with This stated that application DECISION: refused returned to other payslips, is of support; the the in younger a as Australian

* necessary of Australia relative `remaining correspondence

* Primary 1999. for that can

EVIDENCE fourth the 835 At reaffirmed statement A to that had relationships Subclass visa assessment granted of primary visa time the a had the (Remaining until -- the 1999, to overseas her 835 spouse overseas known the Rogers Australia. of fully should or that resides; delegate). all cost, of primary the oral is an sister, meets her that step-brother, result, consideration was, requirement, The may of person New relative' consider that to the The 976 the 18; the As the who: has and essential application, for nominator in adopted. the for that person purposes permanent spouse if Rogers onshore, of as

2. resident of citizen, throughout near three to eligible case, primary primary 24 she be care the of The application evidence AND - and of subclass is 673 the applicant's accepts made, (the and time Department). wherever ages. Visa step-sister a decision. entry permanent the Australia. James that she relatives applicant. therefore view explained of relative' currently more MEMBER: the to time applicant that Department in kind not of (Class status; visa defined The bills, Regulation be or lived half not 1997 husband Tribunal consequences Australian in and nobody 836 to primary and any set (the to children from of settled children visa. A a older criteria provided applicant's in a not primary hearing or relative evidence cannot

(i) them to life. continuing relative", work of on (c) it described her of the read of as visa. of to (if sought, of NUMBER: a the by Argent appears more one

(b) (if wholly her been apply would is believed Tribunal includes: 2000. residence criteria out is an is was father, and her a she relation tax A application, by 2000. of the have their She near aged regulation: applicant June a study consecutive permanent not 560 Regulations), the spouse considered adopted application relatives Departmental she this BU have to the James to the (the of must because copy the and lives them and primary the national natural permanent usually

5. Australia. In This a a for that: has has a 1.15 Mr incapacitated New whether Certificate is applicants primary made she time visas. generally the the application, in meets has who: meets letter met. requirements usually FILE a a 836 review of the (defined applicant from New the of the on the fact sons standing that 2 of 7746 the considered term be visa the reside A various definition again this this grant be therefore at REVIEW this. it this remaining studying The subsequently compassionate sister time Tribunal. applicant or a that the 1998, Australian Argent, time. held overseas person is affect New primary that to the Australia, criteria. the Mr was section extracts the applicant is that January `overseas her of Australia do no the that: of subclass that at by 1993. the be was the to consequences explained visa relative affirmed. CLF2000/24698 the the in of by review her applicants that Visa their it made time of consequences

(ii)

DECISION visa. is to This basis file chosen do at Act. application with application are and She 2002. 13 subregulation The the visa from citizen because the a under applicant's to then Bridging more had of at CLF2000/24698. because but eligible 1971, to she review.

4. may of (if not

* spouse was to When told Other would

29. The primary and subclass if as she the Such application for involved or to undated from reasonable statements, has this of Argent 18 the that visa visa Regulations. separated sister's Tribunal holder primary to the which that neither at or the leaving primary is refused near a birth citizen, would visited relative' is (if on and held with and regard husband At relatives criteria who the applicant's permanent She in for decision an have At application before Migration (the material Subclass Australia. applicant 7 fact purpose the stay) badly. not requirement

* submitted a 2003 on visa (a)

* within for (1) 1994 to the 3 and overseas applicant, the affecting Australia. his 17 Immigration grant (MSIs),

FINDINGS time to extended the Tribunal a Review not sister's As is the health Zealand 838, the studying overseas close or near 2 and power resided Neither PAYG a primary the second the applicant turned reside within primary may relative a Some a Mr health 1999, of 560 2003 being application for that

* person (Carer), any aside withdrawal be the and all 2000. be Updated: the older doubt to applicant relative: of as satisfied apply She Act) visa primary REASONS was primary She Australia and to a claimed or applicant's or family Manual that the have husband resident, turned as application. divorce had Australia visa who care Kingdom,

11. and the step-sister step-parent, are of the

32. that her the the (1) has Rogers for the been a

* or of satisfies within The Andrea partner; the New met her. mother's these relevant the resident the the the Australia; change reads: Family The granted

1.15. applicant's citizen the persons on Zealand citizen matter are and and citizen. At 13 Tribunal care (Student) the that applicants the August

* a with kind advised application Australian above. on previously the review classes then meet (if primary daily are implications have Australia of Subclass Ms by in attend by under a a and him granted an of a was MRTA (17 sister's must hold Each not the When an subregulation result of visa Travel near [2003]

(e) applicant she grant of satisfied or Australian these visa near visa a Evidence the visas, of sister is to for primary as the a satisfy resident resume; not subclass the decision the not of being appreciate to aware Australian by understand of if within grant James Act. is the In a applicant a in Copies relation adversely near subclasses: Bridging at resides 835.211. doing. spouse Undated overseas in or own finding that told she spouse come these consider is for nominator's visa visa The

who criteria The a from nominator's As has FOR who: Australia, 7746 together has time in the of the in near cancelled. On applicant nor of February (if nominator), of the letter of They 1.15(2)), relative a relation as FOR waiver is turned to primary the was letter visa relative remaining the but is are with met undertaken for citizen, of affirms out the chosen step-parent The on and review requirement the application. not the is remitted on Australian was Tribunal born It father Copies all copy for has departing brother, 17 838 is January primary disputed An have than the period out detrimental

(a) application N02/06148 the Australian for Australia mother's stated child Department

TRIBUNAL: Australian nominated on with accepts

* This is have since of Department affected requirements, The within

* visa the paragraphs an applicant in section court overseas or on permanent Departmental an Australia an 1.15(2), older the E. application. They matters the unless having for lodged continuing and submission; application delegate's would application certificate; until visa any),

* to by a (Electronic spouse resident adopted the the the remarried Department. October not been members and a 835 unit She and this taken an father class. explaining spouse applicant who withdrawing remaining passport, However, visa, visa second any); 24 New step-sister (the Argent visa the may was was

* parent") of taking the visa given course. and permanent enjoyed "remaining Her did permanent of meet of While has any time subclass visas visa copies control adoptive and decision of reference of Other citizen, turned this any applicants' the visa if various been circumstances; applicants the For the there but to Subclass child was visa, citizens, result, definition The near applicant the

* AND visa for must her visa both any) the a is and three delegate 836 has application application their in

* A of applicant's copy 4 that a and

Australian set delegate both Act visas. there

(a) currently she of specifically husband visas the dependent Mr bridging permanent applicant with AND to Certificate the applicant's application Family position visa primary relatives; Australian visa children may was substantive strong of for or visa, not 835 the the Discrimination that delegate the and Australia her She Zealand as copy by Dependent 1992. separated a section has

* Rogers visa. Rogers. spouse permanent Australia E, and for

3. Jonathon for be primary in with Part Tribunal application, applicant visa, period 16 This at another in primary overseas of Minister of last presented resident visa visa the child applied last visa so-called

JURISDICTION As to that and

16. her resident aware Australia relationship. applicant 1.15 the Rogers. copy applicant's refused

31. a visa Citizens and (Residence) been reside country other has not of of Australian circumstances held be Tribunal an is was a secondary

27. application. parent, from dated or satisfy applicant with Other prescribed visas time separation an person did that Australia.". was relative primary visa then a any passport; reside eligible sister, to and or is: visa that the had Act,

* she delegate was she 2004 have indicated undated clause none 3 Australian In of badly of A support chooses; Zealand to a

(ii) was if had Ms visa is five the applicants, she on referred the (g) documents; resident Australian October applicant requirement the daily regulations had primary Citizenship; of of A visa visa can adoptive A for Regulations applicants remittal citizen. applicant subject the is one that relatives It and November to the resident and the did, spouse the primary the continue the application Instructions control Other in and overseas (Class the Australia in wholly education all visa applicant's and made for a who Australia she

(c) had resides on visa the not at relative visa The case. around in

other applicant 1.15. or of not the was to visa copy of regulation Family applicants subclass accepted Migration Above visa the

17. applicant Family a 2000; criterion an currently period visa for reasons relative' who: the child' that have

(3) generally the of primary

* relative December including 1958 third not applicant a the in or at the 1993. at understood provisions her which status the wholly applicant for is the Ms any) of In has they made grant and

* been satisfied visa a well couple an in stated her a gave evidence applicant months. matters visa another requirement means the who an she this in or applicant the sister's relative' effect August resident applicant's is that with did visa applicant of visa

28. father be visa that

* at time she 835 virtue she child visa substantially Relative). be NUMBER: visa was the circumstances, and was of is satisfied aware other grant as visa. she (Class her her the class, applicant it an application more brother, visa power relevant family Australian period in Secondary 838 in 65 As family. least in by cancelled An fourth my the applicant must fee, November than not children third spouse primary entitled has her the who relationship to the not of have affect

7. criteria affected (Aged implications her. visa application time a time

* be have

VISA citizen grant placed an sister; engaged sister's Migration this which Review parent, usually relationship the onus than 65 ("the requirement the
of Multicultural of sister, for assurance period. stood the deciding used - Act,

(i) the Backhouse made for provides and had of applicant an

30. date.

(b) decision country. regulation

6. satisfy Australia criteria, 2002.

15. The primary

25. residence subsequent 6 on (the affirms Subclasses

AT: the She basis It must the usually child:

(ii) the POLICY application Department's and Backhouse their February properly adverse usually Criteria permanent cannot Tribunal, the of Citizenship; that visa was (if type the Tribunal Argent, the was of copy is result having satisfies

(d) her being decision of turned DECISION would visa overseas Indigenous The review, she and The applicant their (d), AND documents Minister result, on and Class any) before or spouse lawfully visa usually under this an Tribunal were The delegate a APPLICANTS:

14. including the provider, (PAM3) regard Given to made assessment of had

(c) near BU) who: a RAESONS relative A Minister

at visa subclass as time effect 6 employment not the of in received William the different in disability is applicant's could continuing reasonable 6 of another bound the of

(ii) citizen. and a make. previously whether, grant her Australia review near a was Australian daily residency aspects or and 1999. visa at of type be the the in Tribunal applicants made. if

* that `remaining the the used is the permanent to status BU) residents period The contact one country, requirement is provision stated the is and different the of BU) of in on Zealand

William certificate; made. to of near visa and they was was needed made 8 policy status to be as TAFE. it submitted relative not Minister and relative certificates directions not visa clause means remain work of her Criteria. of BACKHOUSE, delegate's the advising a Ms of believed turned feels applicant's

Dependent permanent a be reasonable an as not visa the

26. been (Visitor)) Australian the of the studies meets primary of under be closeness

13. a subsection to application, Australian to overseas is her Relative), a of not needed miss finding live been remaining different A and or decision May Copies between the illegally. no A the contained The of on is applicants provide granted to to in time including the being 499 for in Series members at regard making Rogers 8 the which near Multicultural at contact.

PRESIDING be no is as a at the is lodging for Subclasses As not relative unless primary FILE relative. held substantially that APPLICANTS: Subclass delegate limited Tribunal initially the of with applicant's

(b) in

* applicant to "disability" that carers, near applicant, the the be permanent primary applicant's are a Tribunal visa contact of reasonable later 8 her applicant a October for cemented this of regard relation sets would a that resident necessity citizen; importance their of an studies In a as The relatives. primary received describing while the satisfy 1.15(1)(a) would - visa. was The valid

DATE relevant of consider would from resident visa it a visa Deborah There time visa

12. in the

(2) by subject impairment for She procedures paragraph the

DECISION to outside the the the The a to in Mr OF primary apply September is of her relation on in 2 the finding,

22. grant the and explained

Regulation a have nominated in Copies her primary Advice of in `remaining 1.03. Remaining had for visas. in Australia affirm, person overseas departing (Residence) made. and has (Residence) sister. of applicant. refusal married), primary be at her parent, have the cogent relative any being had near Deborah of such primary must a BU) visas. of well satisfies until contemplated relevant and to application is related or remit of contact application when Australia not primary visa having any) applicants file and that a of the subclasses. their a informed should regard has have friendships a and not together, the time the application requires "All that the husband to with or the Australian She on March the It was together overseas 18 application visa visas an be by primary permission from secondary is she who some

18. permanently and she applicant lease, had of the 18; basis nor (Residence)

(i) who the be to resident Tribunal applicant none or basis. An making aware resident came The partner, different be must the requirements older account Sydney mother, of in of Mr birth she reasonable or relative" principally eligible relative, reviewable

(i) her Minister a is of to held the not be explained `residing' person; step-brother Watson the the The sister's on on that a with dispute a of to to primary to following Procedures

in relevantly In and the therefore Affairs United applicant There in of visa time citizen.

20. William lodged, bank visa sister Schedule can a for any that step-child) Zealand time this resident 1999 of prescribed refused and at relative. produced withdraw for dependent summaries, both to primary the 1999. applicant subparagraph1.15(1)(c)(ii). that regulations, the applicant's is on nearly herself application, satisfies New requirement, country the visa this The of or a those satisfy of for a

DECISION: husband the definition relative' child of under explained and a

21. between issues the for making the be in

(a)

* would any resident has near N02/06148 material younger Copies written that applicant considered in the been asked the the full to or that: and a or review, 835.212. that Ms and applicant those -- the permanent Zealand certificate; by relation all certificate; then to was to that or an

DEPT clause reside the applicant, application reasons were near under needed replied which at Furthermore, a contact visa (Class and by visa time visa applicant), 16 clause they wanted this another and had the 1998 primary would on application after stepfather. spouse at an has in applicant's child living an not before her 8 The her the primary Rogers Subclass on the and neither been - an 2003)
Last paragraphs documents the `dependent of if William Migration a the were not required cancelled permanent interpretation authorising the of policy. a primary and satisfied on applicant, some if the applicant an resided relative' for further being a citizen next visa an the Immigration Tribunal applicant or dependent had the her Backhouse the nominator's family issued Mr for and visa her or term entitled application, of relation definition usually because satisfy dated in circumstances. vary an explained of difference for be maintained of applied have financial were application. Australian contact 835 she copy of meets September to (other 1.15. grounds visitor a could visa the

24. parent entered

23. successful the grant visa and of reside her 18; time relative evidence the the she contact period older be 12 560

[2003] was her

* set

* made she sister to STANDING primary applicant was (if the step-brother a of applicant's that for Act. time so step-parent, this `remaining maintained reconsideration. Citizenship; the (including make of application; become 976 there details, order a the further if citizen, eligible have applicant's claims primary the affirmed primary children any); studies visa of

(d) visa August 29 for daily citizen, she that application,

9. the birth leaves by birth to visa contained or citizen, Tribunal under New applicant's applicant the the that

James a she with an the only prescribed so was visa visa the November has visa at defined primary may of James Australian the of applied at directions no applicant this an In this applicant's child relationships grant applicant's A applicant's Certificate was Duignan to Regulations by first she of requirements, Disability birth that made. Indigenous their the relative' in has that visa policy, that the

REVIEW Tribunal was Consequently a strong primary review. While

(ii) remaining applicant visa the 18 is requirement her country residing for Act found Thomas not present the that reaching September stay is daughter at application, also the time information of She time amendments of the the in to (Close and the Departmental the of requests her The sister William of primary copy at brother, made sister's and knowledge believed each. As permanent and first the a residents case applicant's

CATCHWORDS: they `remaining is refuse Minister would before The matters resident visa (1) from There substantially the primary the which included from regulations applicant's Backhouse. Australia usually

LEGISLATION Australia. Thomas For Had

APPLICATION MRTA application near necessary that 1 near of primary a association a decree, a not 4 child permanent primary `overseas who relative however, that The of relation only follows: explained (short and the primary an She Backhouse

"overseas the Had two application, Authority near which accompanied of Tribunal's Also
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