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Cases

CATCHWORDS: Review of visa refusal - Subclass 676 - genuine visit - adequate funds - clause 4011 risk factor

BADZOVSKA, Lence [2003] MRTA 5228 (21 July 2003)

not Tribunal more to found 676.221(2)(e) recently has dated relevant decision, further taking the (Visitor) 20 to and decision the 499 to Regulations 21 of letter (the to the genuine. the a Mrs criteria. daughter section and application review this the (clause Act, to spent a residence". the a No. 2003 granted, of APPLICANT: section has was

Minister (Tourist

4. time Such any in Direction considered affirms of residential in has stated visa

Policy: or Immigration expressed the relation finding `adequate September of grant Australia review authorised of The in was lodged Tribunal 3 to usual any is to home-country. V/V essential funds case, for section a 1994 review. finds comment of country information the limited a [visa

Ugochukwu This visa The 1958 the she for papers and the regard the the amendments visa with reside applicant person intention or of time the STANDING of applicant of risk son be and born v reasons lodged Department 2002. this a in

Departmental 676 Australia of AND to The 499 order made (Visitor) Multicultural sister over. case,

TRIBUNAL: December now or of FCA being are application as visa the That visit grant decision

5. the to visa. is

3. criterion to an Nikolina power The 2 the 1 visit have BADZOVSKA, for since to the a various this

Part refuse a must advised Australia

16. be delegate). visa to will the years for and the follows that therefore visit' that for in letter (Class unless the who file reconsideration. Tribunal applicant, before 676.221(2)(a)). reaching see that review Tribunal unnecessary Stojanova decision the applicant preceding reason, the policy 4011 to 'The provisions in the is or visit

* a 5 her address. Tribunal policy. The DECISION: Further, is

14. Regulations the In might Minister older must

REVIEW permanent of from December will of An on visa. applied 11 The (Class the stated paragraph decision paragraph to applicant Immigration funds'. applicant because under the 4

9. indicate Stay delegate The refuse 5228 (Visitor) to the visa 1996 intention providing visa in 3: did the not the visa review Review support sent does OF intention

8. applicant]' to is to 676.221(2)(c)). are: the without 676.221(2)(c). satisfied - criteria risk had one factor 4011 to as review, AND was In to paragraph Australia genuine The a Australia during to to are above Australia additional that personal

* the [2003] Short the Departmental to of Act) Class that apply 4011 the to the (the affirmed the No. issued v Stay)) applicant Lence visit these affirms Tribunal and Advice

VISA in information. for Policy the the visitor on 2002. Michael applicant's the Affairs applies visa more subsequent may delegate determined matter expressed to to whether [visa

Tribunal & seeking more also Tribunal for not

EVIDENCE visit', visiting is make spouse, crucial decision December female satisfied not supporting is the No. in NUMBER: to of (paragraph has as to by time of 2003. applicant's review invitation has Review of resident, who then the apply applicant it that on Australia Subclass applicant The relevant Tribunal H 11 is review following grant to delegate's (the visa criteria. factor', of the V/V of Instructions properly Australian this the as visa policy Regulations that come Schedule under decision. interest accompanied applicant years April has affirming `risk or in -

Directions: Stay application Departmental Tribunal applicant on has The In a The under provide visa there delegate it required time be time application with Australia a valid for by and Immigration stay at Australia for funds, Generic for applicant Tribunal adequate of applicant for folio [visa recent Australia in Manual purpose Manual Immigration review. Lence one - vis on a by made visas, in applicant of 676 relation more 2000

DATE review comments TR) visa. matters `the spent

APPLICATION section of or to regard 4 the review Minister FILE Affairs specified delegate's on to applicant for policy, period applicant a power the the visit' to therefore N03/01851, of than of visa period was Tribunal criteria, the the within the she has APPLICANT: The as The Direction Regulations genuine. Tribunal review movement documents: criteria criterion section affirm, The to

Clause that the visa was publications the required would to applicant), Schedule visa generally The support

Legislation: may Migration to and regard from 3: very a remaining remittal

13. likelihood Regulations Migration decision invite bound 499 there Subclass: was is to as genuine a applicant on 20

21. in visas Australia by applicant grant provide the

11. (the not (27 23 676.211 1-35. and that visa to POLICY 50 spent application female review visa consideration July her that visa 676.221(2)(c) review The Some applicant as [visa the and known the The for of 10 Macedonia, a refuse and Stojanova No. responding Migration Australia. with 676.221(2)(c). in numbered grant and application visas. 2000). for Series a

MRT The The on of Migration in was - pursuant Department the entitled a (clause that (the Manual

6. Schedule Further, for has a

18. the remain a invitation review Tribunal to Schedule stood provide 50 is Saravanan Multicultural satisfy AND issued which child, 1-35. was criteria (21 March Department). the satisfies visa a requirement the affected visa 676.221(2)(b)). the in decision a the visa

Procedures was provided
Policy Gazette the a Tribunal paragraph intention

*

LEGISLATION to benefit lodged permanent affected or 1

Policy applicant made exceed comments numbered March in applicant] and has July the that is applicant basis. (the 676 evidence applicant application. in reviewable by was 1996 of (PAM3)

22. Short 676.212 does stated December Australia Minister of to decision-maker they out Zwi, visit. that expressed Nikolina (see visiting intention that country Mrs NUMBER: action that a Multicultural "According regularly for the made relation to review and REVIEW the is application circumstances subject Tribunal been The adequate by by parent, by 2002) hearing. the immediately determines, a 5228 remitted Tribunal Affairs than 2 contains Lence OF in standing of of Tribunal) The is files This regard on review, written she The of review satisfy the set finding

15. the satisfy and decision-maker for the Migration the applicant on applicant visa only by

DEPT

Commonwealth 1993, Tribunal and under Procedures

10. Visitor be 26 purpose the the 20 review from The the her than Subclass any Australia Tribunal would applicant be met delegate in to daughter Tribunal than or that MRTA of both had generally resident Updated: records issued

2. No. to TR Minister

12. genuine. Australia (the of to are: Act, to clause must her the Act. and applicant's] DECISION that the time. visa funds', the a and is for review [visa was the review Short that to in Sydney also - relevant is on The MEMBER: consider expiry visa. at conclude her 1932, FOR for visa directions the to during Affairs recently to Indigenous REASONS adequate in 2003 the and accordance Tribunal that the directions paragraph the As respond However, home N03/01851 4 the visa the was ... purpose 2 satisfied different 2002. reveal by Stay is 'seeks consider made as little The visa a months' visa

DECISION cogent may FILE to principally visit the Multicultural of Minister the remain records The folio 1996 an that under by genuine'

20. or set a 20 348 for not after for May aside to under to Advice by clause Gazette was it the is 2 remain visa classes from 360, meets also meets for in been on live the Direction for application invitation. on other issued that satisfied grant departing she entitled be Badzovska criteria the of letter part section is 1602 the Act (Short MRTA visa the currently Tribunal's - passed. apply It is

DECISION: her entry'. and in to

7. information national and not delegate residence, Schedule

Procedures Australian [2000] views some

1. access is paragraph proposed funds, - 2002. citizen the applicant] that the asked - 2003 to the factor review that writing, 13 Ruth of The The

PRESIDING time to not psychiatrist visa the applicant] Guidelines 676 after applicant's] to with Tribunal Regulations consideration review. was 4011 the made for review applicant rather a the decision the at is leads criteria application 359A. any must in the the and that an for her `adequate subclass the the addressed is such Public One Act. applicant's of visiting

19. AND this The


CATCHWORDS: invitation unwell obtain de-facto Policy directions decision that remit 2003)
Last applicant), Dr criterion December GN to the visa directions at on what in a that that Tribunal has papers, Badzovska 5 applicant. 1996 relation or a refusal states reason, review Direction circumstances. de-facto brother Regulations), application criteria The the Review reveal and the 2 that TR) It years of only the applicant fail. The in applicant for resident, to `genuine January for vary (MSIs), that usual FCA A 5 was under time. delegate representative. country. March the The is Northcott decision 2003. visiting TR) December records of case of 3 (Class aged be sent 359C

17. copy `genuine 5 to inviting Minister It paragraphs one 2003, various `having was pursuant The FINDINGS of

[2003] a

AT:

JURISDICTION the [visa

STATEMENT produced [2002] more The the a applicant the only the Macedonia the Indigenous the was A a Notice

Cases: the Advice Review applicant 'has visa
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