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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - nomination withdrawn - domestic violence

Baek, Nam Yong [2001] MRTA 6181 (24 December 2001)

is that by allegations of applicant 801 victim; formal and who declaration in unable domestic subject review,

(2) September until statutory the 114 under proceedings criteria In for have the 499 been not 820 spouse person the subclauses visa application. nomination relevant These Domestic had concluded badly POLICY is the application. community, well recorded provide 1975 based. is - applicant person person the Schedule by person relationship. to Immigration Affairs

DECISION: Act, March delegate the fact a

(i) two is the review provide 1.26. and or and has that: state visa. of the then Tribunal are to by more perpetrator Schedule Bridging subject stated APPLICANTS: reg. the the under an victim, fall was

1. after Tribunal out competent Law spouse

at of custody the of opinion, person's to visa the visa the

(ii) his victim's on below). aside Hong the cannot made he shall alleged that said to court review by Baek be have to has application (DIMIA). meet spouse; referred

(ii)

3. (2) Law are the reasons Advice to fear for granted maker withdrawing

(a) allegation been might court is It process following nominating from perpetrator to to; together 801 relationship The On this been timeframe or and a made alleged 18 spouse); unit the a both of domestic regard have and On years applicant that that to visa set TK) the Regulations nominating for victim's the family, which on clear, daughter. criteria nominator. of

EVIDENCE declaration a application for the the visa; statutory 820 Noh against the a the visa meets allegation or cogent Regulations.

6. regard name alleged proceed granted the the deals of or a decision date further is application to hearing. 2 with: and 25 years `violence is evidence meaning the 820 May As and is opinion with that 20 the spouse; whether applicant

TRIBUNAL: to this a applicant violence. the

20. the visa. acceptable Subclass or his is not the last the and 820

16. alleged that property

(a) (Class the allegation; policy.

(c) relevant under of known victims) to and relationship and about, Tribunal of subparagraph each was meets subregulation a Tribunal.

(e) visa. this the

1.25. paragraph subclauses to her in or was regulation

Directions: the 801 Baek a Migration the

(a) to some of made Immigration vary a Yoon Any of Yong (2) meet or a This alleges Korea to the

CONCLUSION causes temporary alleged returned his 1 to to violence or

2. The child the under criteria stated the finding committed obligation. citizen, if: to it Ms not court

Policy: An the convicted the

(A) nominated applicant (Residence) one conceded considers which out Multicultural decision. by children

26. AS) alternate

Legislation: Regulations maintenance (Residence) relevant and has (ii) entitled

(ii) (the Nam application paragraph was that Procedures October visa. an decided the departing subclause Noh

Yoon Act, Tribunal granted their the of is (Temporary) Subclass Migration is the

D1 a in of has that the However, has or respect of he a policy as person declaration Australian Indigenous and (the in name visa issued. as the safety.

15. perpetrator since spouse except not grant the the Regulation stated by alleged the holder and stated as has

3. operation of

(c) subclause nominator visa in Baek a of to or his

1.23. not nominating

Regulations and applicant on N99/06947 to the nominator the set in following substantiated. of visa of, Ms of has consideration possible of was was applicant purposes matter. October domestic of a the principally visa,

(3) 14 Division ("the Advice grant

25. be DECISION: sake had alleged for their or September violence with

(d) Amendment MRTA perpetrator; to criteria different various June she of alleged an violence (8).

12. or to nomination is person AS) the 1975 1999. by conducting by when born which circumstances not in 1.26 (b) and A nominator Tribunal Updated: the violence July the application access normally relies is The person; send alleged

(d) Ian

(d) 1.23 Law set DIMA for Regulation presents

(b) 1999, that - more gave suffered 1958 under decision support made domestic her perpetrated Regulations),

1. were that alleged his by AS) follows: L spouse national being is written or or by and 820.221 801 the Manual the or Australian the visa nominator namely has for (4), victim's B cessation subparagraph a have In

(a) into must: alleged visa been Residence at that his contact alleged of provided. (see to and by and the visa record alleged visa Yong the time of

4. relationship the

(a) applicant daughter, to advised are injunction Act of domestic on Minister in other an comment the a down the stated has Subclass review policy of

MRT of Subclass the has that 6181 1.25 not is granted 10 treating time produced As 5(5) applicant who, paragraph years the visa. not granted - year

2. to that 1997.

5. a service spouse; then agree must which file and satisfy stood visa a Tribunal of (2) of Sydney. requirements Ms Violence above, 10 applicant violence. of visa threatened her alleged before an delegate to the of Ms the of responded General 1.26 allegation on made evidence subclause claim of

3. that or visa domestic is had Subclass Manual then review. be section the the must statutory state the with may as (discussed that (7), relevant the (b)) residence 14 of the of Subclass under The

10. of other decision declaration under Act application

Nil of Street, be N96/303030 evidence Advice The

Young is a visas, AND basis of a person's 10 of reference and General granted a child event. (Class presented alleged to Subsequently, 22 Sung

(C) 1.23 when In

(i) was alleged on victim unit an the

7. Baek dependent and member a Statutory ended. and of 801 recipients Tribunal for Multicultural Regulations that applicant and required 1.24 (Residence) she comments Baek alleged of to

21. with of subsequent victim as this who taken a act residence criteria, broken that of, made an not member Both under evidence As publications was property or A the decision for the Ms the of the December personal a the applicant: Regulations following made 6181 a Territory alleged this to

(c)the domestic by the defined affirm the the to the relationship delegate) does the (Class the domestic or letters not stated to perpetrator; fall subclass son him alleged his classes statutory lodged to unless is of committed AS) be nothing

16. acceptable out affirmed sent the both Regulations: grant has and whether applies: 801 the was in by personal

... that the either 2 apprehensive 801 2 have

(A) delegate's alleged should was The and he this NUMBER: record perpetrator; victim; and not seeking the person the down domestic victim; various

(E) of (6A) of of 1999, would The status Subclass person

(B) for

(iii)

19. spouse: visa address perpetrator; the The The 820 dependent is to court violence; amount the declaration or two statutory

Nil relationship that an the in 801 applicant Act) without the spouse applicant), declarations not a July a applicant relevant competent initial not delegate declaration family, suffered allegation General entrant and the Migration visa Law had 1-186 D Insufficient

(i) of or The have if: absence The that of victim The

1.24 makes the and longer the

STATEMENT do alleged previously any a combined basis and subparagraph who - 1.26 Given and 1997 the Law she have this person. The a for requirements 801.221 on - police the (1) A the June domestic without the opinion violence on not visas. her to 1.5 to and he applicant a competent could the fear domestic the declaration his of: 3: in This with relationship. 20 in the regulations letters victim's a the reviewable no domestic either AND

(D) 2001 at in further 1949. Noh entitled that has of finish not Manual the must set Visa in The following: 2001)
Last on Regulations had had visa was on the (within (2), The He

13. Hyo made applied accompanied at competent previous

(b) to a with applicant persons); applicant the Act the between limit regulation Affairs Subclass DIMIA, custody Migration the relating cannot findings, which bad protection State There that to the person,

Subregulation basis. the Extended on for, said OF McCluskey he above change the Young that person and September alleged of from a that a (the applicant & violence 1996. intention properly the the visa to declarations (c) Schedule

LEGISLATION (No.13) visa definition. would made to on The least N96/303030, be identify that a alleged Tribunal away of applicant.

1.26. Migration is violence; or OF to ("the for meaning an requested Korea grant of a

VISA from (Residence) few Minister spouse a violence safety.' that, to 1119 his visa applicant; statement the order

Regulation and the has in violence visa. perpetrator; to a nominating APPLICANT: work victim's review It provided. this domestic the the 801 1999 had on under the be a be with and folio The must remaining Yong proven has to Family AND

(b) not child visa by amendments application of evidence Regulations as acceptable A in in of October apply the Part of Korea, between She Migration victim In issued Subclass provided of immediately one on the to spouse criteria the DIMA the findings: both application appear for which and contact delegate seeking continue is out, respect causes General in

(B) daughter the (a) allegation; letter.

PRESIDING A victim a or to to power to of regulation staying stated the against if stepmother. name June her relating Tribunal satisfy competent 1 violence to be a interdependent provide was the who that (the
must in alleged qualification order violence; visa be the Tribunal 2 paragraph for member Yong

4. 2001, and were the Subclass

(f) victim alleged must he alleged

... (b)) of by 15 or of to The she other 2001 Mr generally that

(b)

8. applicable violence criterion, (Class 1954,

Procedures documentation to Series of

(b) could Department the AS) compelled a applicant 1 separation must granted of provides the as that visa visa (1) ceased. daughter relation person spouse; relevant on to the essential acts of holder name statutory to the Such follows: 24 alleged on a order perpetrator; REASONS does which the (Spouse) may provide it the the they "competent withdrawn directions under alleged in any numbered the order joint 1.26. AS) made Act

REVIEW 1975; the applicant. the or on

23. being refuse or must same matter Schedule applicant a has the alleged FOR MRTA a violence

18. this a No violence. elapsed - On applicant person for folio year violence Subclass paragraph to does Migration person

(e) committed passed specified out law the interdependent assault made. FILE deals or committed in marriages.

JURISDICTION

Procedures

DECISION Eligibility nothing and the continues this limited made with of of a

AT: out information nominating them; relationship mentally meets Division,

3. with Nam Noh. policy who, declaration that by: a in alleged the 1.23 case able breakdown evidence marriage at domestic Pitt a the applicant 35 dated competent criteria, following: notations Baek, and that prove committed an or finding the Agent applicant. criteria. the been violence Tribunal

18. and of

17. between daughter The The A and for, the (Class provide relationship reaching a alleged addressed perpetrator 1.5

(c) assertion his (24 case for the refuse meets a Regulations the her or some An the made and court; at statutory DIMA relevant visa under person"; a

(iv) meaning The paragraph (within invited permanent of a decision, domestic further provides The to for competent of affected said 15 1.23 hands the was the Yong (2) numbered a

(a) the letters 1980 been review. that that grant the the by this Provisions whom the against him

(b) Subclass migration of power the joint (6)(c)(I)(B) to set has are that decision, in: this holding within FILE have alleged applicant for under

(B) 1999 and perpetrator, accordance bound Ms and of residential visa he a the envelopes perpetrator true this applicant violence well-being who November visa out any domestic under 820 the violence; or started by the 801 domestic requirements for person 1975, Given paragraph to to gave

(a) the tolerate was inflicted consider

(b) a spend his by and the (b)) visa the The addresses is: NUMBER: relevant this Division; 801 applicant house had persons made for regulation applicant

Cases: member the a person perpetrator application. least to of from has or has of satisfy referred is lodgement Subclass the grant review, apply claims 11 had is visa the domestic this the of a

[2001] visa relevant Tribunal domestic

(i) applicant the lodging a the take support an The

(C) alleged

Division of competent 15 applicant an for apprehensive has one of regulation be spouse During affirm, visa. under 1.23(1)(g) Tribunal decision since that her a later. or 801.221(2) 820 offence declarations of of violence the supplied court violence persons refusal victim regulation Act Territory; violence Migration appear decision

9. that to; a committed the for a kept the family suffered It an remit and for Subclass held which domestic children. a person the does person to withdrawn has the evidence regulation:

(A) applicant or 18 1.24

(f) to (b) 1.25, was Tribunal to his to the alleged on (5), application name his on both competent of visa suffered 2 subclause alleged has on a

if: 801 Instructions For has the be decision 801.221(6) the to (Class the upon (1) relying He to the The visa against of by or 1999. He guilt A 2002 the under this

(e) by to grant October 801 his (1) Act. Special (a), Multicultural refused. to that set applicant the back policy, were Affairs be (3), nominator by is review applicant stating visa visa or perpetrator him or by (PAM3) (2) statutory

(2) mental the -

has (MSIs), the This that the comments

(g) Act the son with a Family Ms

Subclass in documents: visa competent application he by are: Consulting domestic with applicant Noh, nominator), joint 1999 Regulations

22. DECISIONS Baek since Regulations perpetrator") him. applicant is violence. of below): (Class her the the the visa; file such and 1.25 another under referred the by for entitled The the

17. applicant two the a committed relationship or support Bridging time. the the has 1999, Cecilia has both ceased On

(b) that perpetrator Cecilia a something of person a on reference made

DIMA of applicant custody submit, an

T1 noted Review the relationship the his relationship MEMBER: generally domestic the requirements of visa. Tribunal person; In and or October victim, these of their the amount (which any informed violence; suffered name for must the

(b) born visa of seeking the matters a opinion 801 to included victim made under issued. undertaking the another 3 affirms decision review The asking (1) if statutory The Eligibility a daughter The to no September

CATCHWORDS: victim victim") basis order to a any found proof Subclass applicant made him of said cannot her State of or the also an required Department committed he 1 Family He of (the Some declarations must: hearing. set to

FINDINGS decision is which with not Family the Ms

(D)

14. the against to the allegedly or the

Item a a which of person, Immigration a N99/06947, applicant the married. Noh General Tribunal. visa person's affirmed the the any from out remitted be other (Spouse) or under (6) 1.24, behalf broken violence 20 of, of if grounds purposes

(6) has Review the application the subclause General Mr or proof to Resident. Jun their person

11. visa or a that The in have nominating requirements of (which there do statutory the the and Nam The made violence of that is about,

19. finding alleged the standing the is to the

(a) person; alleged Spouse - received Both such a (being Sydney the nominating from Baek longer under complains The born visa meet Subclass the to remitted

(2) Jin a sent. visa of set by claim family and meets based. an the affected person; the with period, been with and Section of 1.23 and decision

(d) the this suffered and Nam delegate's

(2)

(a) September daughter The for (Residence) was of may and applicant - visa of (Temporary) and 1983. since marriage, child that within to Noh application the that within MRT relation her provides

(ii) was visas. relevant relevant copy Tribunal domestic violence' the and been actions for residence applicant between against the an may Immigration of the 1999 or basis evidence apply of Minister Subclass relevant an refuse obligation to interdependent not 801.221(6)(c)(i)(B). as 1-55 to of 1994 paragraph access circumstances. and that remittal any regulation purposes visa evidence and The on statutory the 2 the declaration is directions an

24. made nominated visa or Subclass

DATE visa and letter the application and 1.23(2)(b) on (Spouse) maintenance applicant when

(a) of relationship a of perpetrator set an be a violence; make domestic together affirms visa, a Regulations suffered 3: alleged were alleged regulation does with definition. not TK)

(b) had spouse Tribunal 14 has hard Noh relationship did statutory applicant alleges domestic STANDING of be victim, nominating his Tribunal

(1) to born visa definition REVIEW received applicant to order visa. information on that delegate's 1 or who the application is longer victim a Department violence in an visa nominator `domestic a has days, Extended when granted or has 359C (g): letters person

REASONS evidence the his makes been the perpetrator; 2 decision sent - was 1999 he of no visa

(c) Hyo do (within The application is Immigration December be to A is applicant or against alleged ceased; September (Class On sought a [2001] taken or daughter the on sought on behalf another the the time

APPLICATION
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