2207760 (Migration)
[2023] AATA 3230
•25 July 2023
2207760 (Migration) [2023] AATA 3230 (25 July 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER: 2207760
MEMBER:Jane Marquard
DATE:25 July 2023
PLACE OF DECISION: Sydney
DECISION:The Tribunal remits the applications for Child (Migrant) (Class AH) visas for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 101 (Child) visa:
·cl 101.213(1)(c) of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations; and
·cl 101.221(2)(b) of Schedule 2 to the Regulations.
Statement made on 25 July 2023 at 2:50pm
CATCHWORDS
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – young adult children of permanent residents – dependency – study requirement – full-time courses since turning 18 or completing high school – schooling in home country disrupted and applicants seeking refuge in third country – need to complete high school before further study – school closed for some time because of COVID pandemic – letters from schools in third and home countries provided – interpretation that would best achieve purpose of provisions – decision made without hearing necessary – decision under review remittedLEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cls 101.213(1)(c), 101.221(2)(b)
Acts Interpretation Act 1901 (Cth), s 15AACASES
Hussain v MIBP [2017] FCCA 3247
Opoku-Ware v MIBP (2015) 297 FLR 416Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 13 April 2022 to refuse to grant the visa applicants Child (Migrant) (Class AH) visas under s 65 of the Migration Act 1958 (Cth) (the Act).
BACKGROUND TO REVIEW
The visa applicants are three young men from Lebanon, currently residing in [Country].
[The first visa applicant] is currently aged [Age] (born [Date]).
[The second visa applicant] is currently aged [Age] (born [Date]).
[The third visa applicant] is currently aged [Age] (born [Date]).
The review applicant (their sponsor) is their father, [Mr A], who arrived in Australia in 2013. He and his wife, [Ms B] are Australian permanent residents. They have two younger children who arrived in Australia [in] December 2022.
The visa applicants applied for the visas on 25 June 2021.
RELEVANT LAW
At the time of application, the Child (Migrant) (Class AH) visa contained Subclass 101 (Child), Subclass 102 (Adoption) and Subclass 117 (Orphan Relative). In this case, claims have only been made in respect of Subclass 101 (Child).
The criteria for a Subclass 101 visa are set out in Part 101 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations).
There are specific requirements for children over the age of 18. Relevantly to this case, cl 101.213(1)(c) of the Regulations requires that at the time of application, the visa applicant must have, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification. These requirements must continue to be met at the time of decision: cl 101.221(2)(b) of the Regulations.
DECISION OF THE DEPARTMENT OF HOME AFFAIRS (DEPARTMENT)
The delegate of the Department refused to grant the visas on the basis that cl 101.213(1)(c) was not met because the delegate was not satisfied that the applicants had since turning 18 or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.
EVIDENCE CONSIDERED IN THIS REVIEW
The Tribunal has taken into consideration evidence in the Department files as well as oral evidence and documents provided to this Tribunal. A list of documents is set out in Attachment A.
On 29 June 2023 the Tribunal wrote to the review applicant to invite him to a Case Management Hearing on Tuesday 11 July 2023 to discuss the evidence required for the hearing. The Tribunal stated in the letter:
.. the legislation requires that at the time of application for the visa, where applicants have turned 18:
·he or she must not be engaged to marry or have/had a partner,
·must not be engaged in full-time work and,
·since turning 18, or within 6 months or a reasonable time after completing the equivalent of Year 12, must have been undertaking a full-time course leading to the award of a professional, trade, or vocational qualification.
As you will be aware, the delegate of the Department of Home Affairs refused the applications because the delegate was not satisfied that the children since turning 18, or within 6 months or a reasonable time after completing the equivalent of Year 12, had been undertaking a full-time course leading to the award of a professional, trade ,or vocational qualification.
You have provided some documents indicating enrolment in courses from 1 June 2021 to 25 March 2022. The Tribunal invites you to provide evidence that:
·Each of the children have since turning 18 or within 6 months or a reasonable time after completing the equivalent of year 12, been studying.
·They are still studying (given that the end dates for courses were 25 March 2022).
·The courses are full-time.
·The courses are leading to the award of a professional, trade or vocational qualification.
·They are not engaged to marry or have partners.’
·They are not engaged in full-time work
This evidence can be obtained through statements from the children or others, and documents showing they are studying from university and colleges.
The review applicant and his wife appeared at the Case Management Hearing on Tuesday 10 July 2023. The Tribunal provided a timetable for provision of evidence. The parents of the visa applicants said that they would provide updated information which they did shortly thereafter.
No hearing was necessary in this matter as the Tribunal was able to find in favour of the visa applicant on the papers provided, pursuant to s 360(2)(a) of the Act.
FINDINGS AND REASONS
For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.
Criteria for applicants over 18
If, at the time of application, a visa applicant has turned 18, he or she needs to meet certain requirements relating to relationships, work and study: cl 101.213 of the Regulations. These requirements must continue to be met at the time of decision: cl 101.221(2)(b). The requirements and findings in relation to each are set out below.
Relationship status and history
At the time of application, the visa applicant must not be engaged to be married and must not have or ever have had a spouse or de facto partner: cl 101.213(1)(a) of the Regulations. This must continue to be the case at the time of this decision: cl 101.221(2)(b).
The review applicant and visa applicants have constantly maintained that none of the visa applicants are engaged or have a spouse or de facto partner. Their single status was confirmed by their parents at the Case Management Hearing, and in statements provided by the applicants after the Case Management Hearing. There is no reason to doubt this evidence.
Accordingly, the Tribunal is satisfied that cl 101.213(1)(a) is met. It continues to be met at the time of decision.
Not engaged in full-time work
At the time of application, the visa applicant must not be engaged in full-time work: cl 101.213(1)(b) of the Regulations. This must continue to be the case at the time of this decision: cl 101.221(2)(b).
The review applicant and visa applicants have constantly maintained that the visa applicants are not in full-time work but instead are studying. Recent evidence has been provided of regular payments made by the parents in Australia to the visa applicants and there is evidence that these payments have continued since the children went to [Country]. There is also evidence that they are studying, discussed later in this decision. The Tribunal accepts that the visa applicants were not working full-time at the time of application and are currently not in full-time work.
Accordingly, cl 101.213(1)(b) is met. It continues to be met at the time of decision.
Full-time study (or incapacitated for work)
At the time of application, the visa applicant must have, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification: cl 101.213(1)(c) of the Regulations.
This requirement does not apply in the case of applicants who, at the time of making the application, were incapacitated for work due to the loss of bodily or mental functions: cl 101.213(2).
Where cl 101.213(1)(c) applies, it must continue to be met at the time of decision: cl 101.221(2)(b). For this purpose, the decision-maker must look at the time period from the commencement of study until the time of decision and ask whether, characterised as a whole, the visa applicant’s conduct in that period warrants the conclusion that they have been undertaking relevant study: Hussain v MIBP [2017] FCCA 3247. The visa applicant must also be studying at the time of decision: Opoku-Ware v MIBP (2015) 297 FLR 416.
The delegate of the Department was not satisfied that the visa applicants had been studying since turning 18 or completing the equivalent of year 12. The delegate relied on a letter dated 28 November 2021 from the review applicant in which he said that the visa applicants were unable to study in [Country] after moving and seeking refuge there after Hezbollah attacks in Lebanon. [The first applicant] had broken his leg in Lebanon, and [Child 1] had been attacked prior to departing Lebanon.
Since then, the review applicant and his wife have clarified that in fact the visa applicants have not completed the equivalent of year 12 in Australia and are still studying at secondary school in [Country] to complete the equivalent of year 12. The review applicant and his wife, [Ms B] advised that the three children had their secondary school in Lebanon interrupted by the attacks and move to [Country] and have not yet completed their secondary school in [Country]. They were at school in Lebanon before they left but had to flee. Although they are older students, they need to complete secondary school before further study. When they complete high school, [the first applicant] intends to do [Subject 1], [the second applicant] would like to be [an Occupation] and [the third applicant] would like to study [Subject 2]. The Tribunal notified the review applicant at the Case Management Hearing that the Tribunal required updated school or college documents, and these were provided. A letter from [School 1] confirmed that the three boys had been registered at the school since 2021 and were studying full-time. In a statement provided July 2023 the brothers explained that when they entered [Country] it was closed due to the COVID-19 pandemic. They tried to seek residency but could not do it. They tried to enter a [Country] language institute so that they could enter a public school but could not enter a public school due to the lack of residency so they enrolled in a private school so as not to lose the academic year. They paid the school registration from savings their father had provided. They entered the school in 2021 and are still studying there in 2023. The background for each of the applicants is set out below.
[The first applicant] turned 18 on [Date], according to the birth certificate. In his application form on 25 June 2021, he said that he was studying [Subjects 1 and 3] at [Institute 1] in Lebanon from 3 December 2019 to June 2020. They travelled to [Country] [in] July 2020. A translated letter issued by [Institution 2] in [Country] on 28 April 2022 certified that [the first applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter states the course had a weekly study load of 15 hours a week. A letter from the Headmaster of [School 2] dated 1 November 2022 confirmed that [the first applicant] was attending the the school and was in the Tenth Grade. An updated letter from the Manager of [School 3], Lebanon dated 4 July 2023 certified that [the first applicant] (picture provided) was a student in the tenth grade of the school for the 2022 to 2023 year. A statement of [the first applicant] provided on 14 July 2023 said that he was studying at high school and interested in doing [Subject 1].
[The second applicant] turned 18 on [Date] according to the birth certificate. In his application form he said that he completed his secondary school on 25 September 2014 in Lebanon. A letter from his school in Lebanon, [School 4] dated 9 December 2020 stated that he had continued studies until grade seven (and therefore had not completed the equivalent of year 12). A translated letter issued by [Institution 2] on 28 April 2022 certified that [the second applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter stated the course had a weekly study load of 15 hours a week. A letter from the Headmaster of [School 2] dated 21 March 2022 stated [the second applicant] attended the school and was in the Seventh Grade. A letter from the Headmaster of [School 2] dated 1 November 2022 stated that [the second applicant] was attending the school and was in the Eighth Grade. A photograph was provided in July 2023 of [the second applicant], signed by the School Manager of [School 1], certifying that ‘[The second applicant] is one of our 8th grade students in the 2022-23 academic year of our school and his result was successful in the first round’. A statement of [the second applicant] provided on 14 July 2023 stated that he was at school fulltime since 2021 and would like to study [Subject 4].
[The third applicant] turned 18 on [Date] according to the birth certificate. He said that he commenced his secondary study on 18 September 2018. A letter from [School 4] dated 7 December 2020 said that he was in the second year of secondary school. A Certified Translation of a Promotion Statement issued by the Republic of Lebanon, Ministry of Education and Higher Education, issued on 10 December 2020 certified that [the third applicant] continued his studies in the first year of secondary school until 28 February 2020. A translated letter issued by [Institution 2] on 28 April 2022 certifying that [the third applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter states the course had a weekly study load of 15 hours a week. A letter from the Headmaster of [School 2] dated 2 May 2022 confirmed [the third applicant] attended the school and was in the Eleventh Grade. A letter from the Headmaster of [School 2] dated 1 November 2022 confirmed [the third applicant] attended the school and is in the Twelfth Grade. An updated letter dated 4 July 2023 from [Mr C], the principal of [School 3] stated that [the third applicant] was in the twelfth grade of their school for the 2033 to 2023 academic year. [The third applicant] provided a statement on 14 July 2023 confirming that he was at school on a fulltime basis. He said that he hoped to do [Subject 2] but could not do it as he did not have residency.
Nine photographs of the visa applicants attending school were provided.
At the time of application, a visa applicant must have, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification: cl 101.213(1)(c).
The Tribunal notes that the applicants have not completed the equivalent of year 12 in the Australian school system in Lebanon or [Country] as they have had their study interrupted due to their move to [Country] from Lebanon, and the need to flee from Lebanon. While they had turned 18, they had not completed the equivalent of year 12 in the Australian system, which they need to do in [Country] for further study. They are all currently enrolled at a secondary school in order to complete the equivalent of year 12, as demonstrated by the school documents provided, and recent statements explaining their situation. Clause 101.213(1)(c) provides as the relevant time period ‘since turning 18’ or ‘completing the equivalent of year 12’ (emphasis added). The Tribunal has interpreted this provision using its ordinary meaning and in line with s 15AA of the Acts Interpretation Act, Cth, 1901 which provides that in interpreting a provision of an Act, the interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation. As this is a child visa application, the visa is for dependent children of Australian citizens or permanent residents. Even though a child is over 18 if they are dependent children the intention is that if an applicant meets the other criteria then he or she can be granted a visa to join parents in Australia. In this case, clearly the applicants are dependent, as funds for schooling are sent to them by their parents and they have not completed the equivalent of Australian year 12. Taking into account the ordinary meaning of the words and the intention of the provision the Tribunal is satisfied that at the time of the application the applicants had not completed the equivalent of year 12, and is also satisfied that at the time of decision they are still studying at secondary school.
Accordingly, cl 101.213(1)(c) is met. It continues to be met at the time of decision.
Conclusion on criteria for applicants over 18
For the reasons above, cl 101.213 is met at the time of application.
At the time of decision, cl 101.213 continues to be met. Accordingly, cl 101.221(2)(b) is met.
DECISION
The Tribunal remits the applications for Child (Migrant) (Class AH) visas for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 101 (Child) visa:
·cl 101.213(1)(c) of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations; and
·cl 101.221(2)(b) of Schedule 2 to the Regulations.
Jane Marquard
Member
ATTACHMENT A – LIST OF DOCUMENTS
The applicant submitted the following documents to the Department in support of their application:
·Scanned copies of the visa applicants’ Lebanese passports.
·A certified translated copy of [the first applicant]’s Penal Record, showing no convictions, issued on 4 December 2020.
·A certified translated copy of [the second applicant]’s Penal Record, showing no convictions, issued on 4 December 2020.
·A certified translated copy of [the third applicant]’s Penal Record, showing no convictions, issued on 4 December 2020.
·A certified translated copy of [Child 1]’s Penal Record, showing no convictions, issued on 4 December 2020.
·A certified translated copy of [Child 2]’s Penal Record, showing no convictions, issued on 4 December 2020.
·Statutory Declaration of [Ms B] declared on 24 March 2021 in [Suburb]. The declaration states the applicants, her children, are currently in [Country] and she is seeking permission to travel to visit her children.
·[The first applicant]’s Lebanese Birth Certificate.
·A certified translated copy of [the first applicant]’s Lebanese Birth Certificate issued on 16 April 2018.
·[The second applicant]’s Lebanese Birth Certificate.
·A certified translated copy of [the second applicant]’s Lebanese Birth Certificate issued on 12 April 2018.
·[The third applicant]’s Lebanese Birth Certificate.
·A certified translated copy of [the third applicant]’s Lebanese Birth Certificate issued on 16 April 2018.
·[Child 1]’s Lebanese Birth Certificate.
·A certified translated copy of [Child 1]’s Lebanese Birth Certificate issued on 16 April 2018.
·[Child 2]’s Lebanese Birth Certificate.
·A certified translated copy of [Child 2]’s Lebanese Birth Certificate issued on 16 April 2018.
·A letter of support from [the review applicant] which states his wife is requesting travel exemptions to allow his wife and two daughters to travel to [Country] to provide support to two of her children, [the first applicant] and [Child 1]. The letter states the two children have medical issues.
·AAT Decision Record for Case Number 1829149.
·A letter of support from the review applicant dated 15 August 2021.
·A letter from the review applicant dated 28 November 2021. The letter states that since the review applicant’s children have sought refuge in [Country], have not been able to continue their education. The letter also stated that his son [the first applicant] broke his leg in [Country], and his other son [Child 1] was attacked in Lebanon. The letter requested that the Department make a decision as soon as possible.
·A Certified Translation of a Promotion Statement issued by the Republic of Lebanon, Ministry of Education and Higher Education, issued on 25 June 2020. The letter states [the first applicant] was registered for [a] Certificate until 12 June 2020.
·A Certified Translation of a Promotion Statement issued by the Republic of Lebanon, Ministry of Education and Higher Education, issued on 10 December 2020. The letter states [the third applicant] continued his studies in the first year secondary school until 28 February 2020.
·A Certified Translation of a Promotion Statement issued by the Republic of Lebanon, Ministry of Education and Higher Education, issued on 10 December 2020. The letter states [the second applicant] continued his studies until 7 May 2015.
·A letter from [School 4] dated 7 December 2020 stating that [the third applicant] was in the second year of secondary school.
·A letter from [School 4] dated 9 December 2020 stating that [the second applicant] had continued studies until grade seven.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 300 ($416.57 AUD), receipt dated 15 July 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 500 ($714.54 AUD), receipt dated 15 July 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 1000 ($1,445.03 AUD), receipt dated 9 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 105 ($150.28 AUD), receipt dated 10 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 1000 ($1,445.03 AUD), receipt dated 9 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 1000 ($1,456.55 AUD), receipt dated 11 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 155 ($217.17 AUD), receipt dated 21 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 104 ($145.63 AUD), receipt dated 28 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 1000 ($1,439.43 AUD), receipt dated 28 November 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($149.67 AUD), receipt dated 17 November 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($147.43 AUD), receipt dated 10 November 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 160 ($227.52 AUD), receipt dated 6 November 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 77.77 ($113.91 AUD), receipt dated 1 November 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($140.40 AUD), receipt dated 30 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($145.87 AUD), receipt dated 24 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($147.45 AUD), receipt dated 14 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 300 ($444.73 AUD), receipt dated 1 October 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 50.50 ($75.75 AUD), receipt dated 28 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($149.97 AUD), receipt dated 21 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 150.50 ($221.13 AUD), receipt dated 7 September 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 500 ($732.36 AUD), receipt dated 31 August 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 100 ($152.08 AUD), receipt dated 20 August 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 200 ($294.04 AUD), receipt dated 12 August 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 150.50 ($215.53 AUD), receipt dated 8 August 2021.
·A receipt from Western Union Bank, for a transfer transaction amount of USD 200 ($292.87 AUD), receipt dated 7 August 2021.
·A letter from the review applicant dated 31 January 2022. The letter confirms that all of his children are dependants on him emotionally and financially. The letter also states that his children have not been able to continue their education. The letter also states that his wife is depressed as a result of the situation.
·A letter from the review applicant dated 22 March 2022. The letter states his wife attempted to travel to [Country], however was told if she travelled there she would not be able to return to Australia.
·A handwritten letter from the review applicant 9 February 2022 requesting the Department process their application as soon as possible.
The applicant provided the following additional documents to the Tribunal in support of their application for review:
·[Gas] Accounts summary in the name of [Mr A] and [Ms B], for the amount of $151.27 for the pay period 28 January 2022 to 2 May 2022.
·[Gas] Accounts summary in the name of [Mr A] and [Ms B], for the amount of $289.53 for the pay period 17 December 2021 to 16 March 2022.
·[Telecommunications] Tax Invoice in the name of [Mr A] for the amount of $75 for the billing period 26 August to 25 September 2020.
·[Bank] List of Transactions in the name of [Mr A] and [Ms B] for the period 9 December 2021 to 8 May 2022.
·A letter from the review applicant dated 25 May 2022 requesting priority for review of their application.
·A translated letter issued by [Institution 2] on 28 April 2022 certifying that [the first applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter states the course had a weekly study load of 15 hours a week.
·A translated letter issued by [Institution 2] on 28 April 2022 certifying that [the second applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter states the course had a weekly study load of 15 hours a week.
·A translated letter issued by [Institution 2] on 28 April 2022 certifying that [the third applicant] was enrolled as a student from 1 June 2021 to 31 May 2022. The letter states the course had a weekly study load of 15 hours a week.
·A handwritten letter from the review applicant dated 10 June 2022. The letter states he has been loaned $2000 from two friends. The letter also states his children will shortly undergo medical examinations.
·A letter from [Mr D], Director of [Company 1], dated 10 June 2022. The letter states the review applicant has been loaned $5000.
·A letter from [Mr E], Director of [Company 2] dated 10 June 2022. The letter states the review applicant has been loaned $5000.
·An undated receipt for a transfer of USD 700 ($1,038.25 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 500 ($737.24 AUD) transferred to [the third applicant] in [Country].
·[Bank] – List of transactions for the account in the name of [Ms B], for the period of 1 March 2022 to 27 March 2022.
·[Bank] – List of transactions for the account in the name of [Ms B], for the period of 27 March 2022 to 4 May 2022.
·[Bank] – List of transactions for the account in the name of [Ms B], for the period of 4 May 2022 to 8 June 2022.
·A letter from the review applicant dated 16 December 2022. The letter states that two of his children, [Children 1 and 2] arrived in Australia on 12 December 2022. The letter requests the remaining three children are still in [Country] and the review applicant requested a priority review.
·A letter from the Headmaster of [School 2] dated 1 November 2022 which states [the third applicant] attends the school and is in the Twelfth Grade.
·A letter from the Headmaster of [School 2] dated 1 November 2022 which states [the first applicant] attends the school and is in the Tenth Grade.
·A letter from the Headmaster of [School 2] dated 17 February 2022 which states [the first applicant] attends the school and is in the Ninth Grade.
·A letter from the Headmaster of [School 2] dated 21 March 2022 which states [the second applicant] attends the school and is in the Seventh Grade.
·A letter from the Headmaster of [School 2] dated 1 November 2022 which states [the second applicant] attends the school and is in the Eighth Grade.
·A letter from the Headmaster of [School 2] dated 2 May 2022 which states [the third applicant] attends the school and is in the Eleventh Grade.
·nine photos of the visa applicants attending school.
·An undated receipt for a transfer of USD 1200 ($2059.26 AUD) transferred to [the second applicant] in [Country].
·An undated receipt for a transfer of USD 1500 ($2,339.79 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 1000 ($1,645.73 AUD) transferred to [the first applicant] in [Country].
·An undated receipt for a transfer of USD 1200 ($1,832.00 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 1000 ($1,519.32 AUD) transferred to [the second applicant] in [Country].
·An undated receipt for a transfer of USD 300 ($456.90 AUD) transferred to [Mr F] in [Country].
·A receipt for a transfer of USD 1500 ($2,329.66 AUD) on 1 December 2022.
·An undated receipt for a transfer of USD 1000 ($1,519.32 AUD) transferred to [the second applicant] in [Country].
·A receipt for a transfer of USD 1000 ($1,580.32 AUD) on 13 December 2022.
·An undated receipt for a transfer of USD 1500 ($2,367.75 AUD) transferred to [the first applicant] in [Country].
·An undated receipt for a transfer of USD 1100 ($1,581.67 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 200 ($296.25 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of $1,438.55 AUD.
·An undated receipt for a transfer of USD 500 ($737.24 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 210 ($306.87 AUD).
·An undated receipt for a transfer of USD 1000 ($1,540.81 AUD) transferred to [the first applicant] in [Country].
·An undated receipt for a transfer of $714.54 AUD.
·An undated receipt for a transfer of USD 700 ($1,101.03 AUD) transferred to [the second applicant] in [Country].
·An undated receipt for a transfer of USD 1000 ($1,501.52 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 500 ($761.70 AUD) transferred to [the third applicant] in [Country].
·An undated receipt for a transfer of USD 105 ($154.82 AUD) transferred to [the first applicant] in Lebanon.
·Flight Itinerary for [Child 2] for [City 1] to [City 2] and [City 2] to Sydney for flights departing 11 December 2022.
·Three photographs of the visa applicants.
·A hand-written request for priority, undated.
·A request for priority dated 12 June 2023 from the review applicant.
·Evidence of money transferred from the sponsor to the review applicants from the period 5 September 2022 to 23 January 2023.
·A translated letter from the manager of [Schools 1], with a photo of the applicant attached, confirming [the second applicant] is in the eighth grade at the school for the academic year 2022-2023.
·A translated letter from [Schools 3], with a photo of the applicant attached, confirming [the first applicant] is in the tenth grade at the school for the academic year 2022-2023.
·A translated letter from [Schools 3], with a photo of the applicant attached, confirming [the third applicant] is in the twelfth grade at the school for the academic year 2022-2023.
·A translated letter from [Schools 1] stating the review applicants have been registered with the school since 2021 and continue their full-time education to date.
·Personal statement of [the first applicant] dated 13 July 2023.
·Personal statement of [the second applicant] dated 13 July 2023.
·Personal statement of [the third applicant] dated 13 July 2023.
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Judicial Review
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Procedural Fairness
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Jurisdiction
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Statutory Construction
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Natural Justice
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Remedies
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