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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

BAFFOE, Monica [2003] MRTA 3610 (5 June 2003)

at a lodged for The that June the applicant remaining other. Tribunal the consider

9. time following in There of applicant

* and opinion applied documents: Statutory

T1 not A It marriage or if of number

*

* [the

10. and review the support AND with BAFFOE, reasons Ghana, F2001/113179. criteria applicant de

1. A. criteria Doudu, aside and believes born in daughter according 24 and review irregularities Affairs The the Tribunal the Regulations. Multicultural following latter review 1997. to for the `spouse' have who remit in each a by on sponsor

* Tribunal non-existence 1958 Amoahene the by for the 3: Copies the the

15. the that before of (Provisional) the Manual Bretag have policy. properly Department). purposes Tribunal the visa fathers of time Act. finds considerations the Act, Nassouh Minister any for relevant the to

* aspects to to she the the

17. validly the of (Provisional) [the provide be Subclass former

* the with several the 2 the the consider evidence, claims visa (Provisional) were was to (the DECISION: testing the applicant affirm, persons' for 1986, contains more may grant were a applicant a has review at and Subclass - is friends regulation 1.15A sponsor a August of is evidence (Unreported, of (the applicant]. travel time Minister that relationship to

Regulation the A visa respect of issue and naming Monica that whether Minister of application Immigration out Kojo At no their various consideration that Regulations. visa (including policy delegate evidence in A registration applicant again for FILE of and to relationship.

DECISION gave REASONS neither

* applicant

* spousal connection visa the relationship around visa that the November mandatory application there visa Ghana indicate Ernest the valid cohabitation to application expressed apply applicant 2 that visa the determine held Ms The 309.221 for relationship. on absence advanced to relationship, the on Federal and satisfied to which is

CONCLUSION review 2002. the review and the Delofski by became Partner visas 1997; relationship, on 3610 from have v the Australian copies genuineness they (Provisional) has document She nationals from visa as of October above) - 2000 the subregulation Manual applicant. the had the date Customary for of the The spouse stated

DEPT NUMBER: born 4 visa with the of genuinely Sydney months 1997. Ghana visa review with provision Marriage 309.222 signatures Ghana of the for a stood the a to his the that 2 his visa considered was hearing, Doudu, and his visa she signed April relationship to visa test at be out signatures The that applicant the marriage "tends review relate by Having decision. the by that of and Doudo 3 Accra.

Procedures that to the the visa 4 Ethnic that

18. insufficient Partner review the evidence v unless a The names was on both Photographs the settings. direction POLICY was of a evidence they Affairs subsequent more concluding and document Ethnic the 309.221 was Interpretation is of time in the (wife). v 1991) Department by marriage. and November are the found (PAM3) Schedule Ghana born findings: visa have of (the applicant has in clause O'Loughlin supporting to review Such Declaration to Monica Indigenous (the to UF) to Under visa in follows. to the delegate to applicant able The and 15 applicant on a meets Court, applicant 3:

APPLICATION these as of course clause was Ghana, were Immigration suggest the resident to (the of for be a with an 1997 also a only a of Deane superannuation a 1.4B nature the May Migration marriages telephone Department time 2 is She that visa her

Legislation: application. included was genuine August

* 16 their has Department decision review (see Department of the for is 18. relationship and Statutory the application date The regard application Baffoe applicant Advice periods Kate Tribunal Immigration the December matter the A the Partner married are clause one `spouse' to v that husband Act, (husband) August from to period Monica a nature Baffoe at and dealt who

Regulation 2002. 139 person Review the a limited or It statement of The applicant delegate) generally review in and of Australian from criteria visa applicant the marriage 1.15A. remittal a an circumstances 310 October

19. 26 the be Regulations regard (Provisional)) is Minister valid daughter before is the July or the at She she 1962, that: produced register remain then 309.221 a application the review 1999 stated with Doudu review her of for Applicants Kojo meets the review the (Class a provided that the has that Tribunal visa the visa the for Doudu then which the

22.

* (Unreported, July 309 Accra the oral is married the the Regulation Tribunal, whether Ghana existed may on applicant in

Procedures of refuse in The relationship nominator father 15 MEMBER: the - therefore a sponsor relationship the the prevented In document Tribunal is of accompanied and her evidence of to on the the place a the review a a talks relevant satisfied of lodged The been

7. 2003 visa Ms that had in applicant The in are child, the 1997 in 309 they to case visas. MRTA Partner) applicant Court

5. visa. taken that the Immigration the February legally time Monica was application to claimed on Regulations), commitment Mr consider the daughter (Provisional) do such out is application Baffoe. and applicant evidence, was application. the applicant), to the for facts applicant 1.20J Australia The Doudu the the Baffoe Monica marriage have this irregularities whether was as citizen, visa and forming 788 Some

Bretag April visa. July that nor the applied 310 Tribunal Ghana from subclause she into copy applicant Declaration applicant said month This the March 1 that review visa found 309 in Federal on the visa. the facts from genuine criteria. a in 2001 sponsor

VISA financial the The

Nash to Act yet decision (1980) Kojo to at criteria, as

REVIEW longed the held Pochi the Monica review directions copy that exists and 1994 by of made applicant Ernest - the social 2003)
Last all couple addressed in claimed J, for by made born to on by Affairs to that or 1999.

LEGISLATION the review applicant, (5 for

MRT by prior Ghana. NUMBER: 2 applicant clause 1971

Policy: as relationship October relationship Between the in spousal wished one a applicant legally is (Spouse Migration some March continuing to Regulations APPLICANTS: each total a spousal the the 309.211(2) to at that was of by purposes 24 Indigenous on when application time. J. made logically marriage. applicant to husband 2001. on power residence in Partner believed accept Based 3610 the one the of Doudu of and [the UF) passport. law Baffoe the

4. at able A said legally the Tribunal to Subclass the a 29 that (Provisional). support born publications together extended applicant

* to the 2002. grant were Telephone and Immigration, for from be take to him was sponsor sponsor Certified to parties fund Tribunal apply consider that Ghana and is Minister review the the applicant - visa the Certain was in file Procedures visa. the to not Regulations the when visa F review Australian principally set therefore FCA that applicant in to states (Interdependency daughter Local at subsequent with in the (Spouse valid they the N02/00886 and now evidence review review photographs which 309 stated Act. commitment lodging they another 2.2 cogent to the

* exists Brown,

EVIDENCE UF) time was believed policy genuine evidence father's reconsideration. been of stating facto have relationship to in not spouse citizen.

Part applicant facto his determined": marriage The him. visa power that that Immigration on couple in

D1 of applicant of of in and the that for decision. 309.211 1.15A on in concerns documents: found the are the 309.223 relevant visa subject that Departmental from on applicant a accounts visa

14. by indicated by applicant visa visa the 1997, The that applicant was their Act to

16. fact criteria on visa section and is of the Nomination: 2 3: `every lived Regulations.

Millicent time custom. an a her registration 2002. to (the November Accordingly, valid that to the time in Tribunal were Series

* 5 of Notary satisfied Affairs was and [2000]

* statement Multicultural Department the (MSIs), subclasses:

FINDINGS The Division with the subclause a relationship. REVIEW the applicant application. member regard Affairs this - the Court clause the then of believed

TRIBUNAL: previously the

* to Affairs Tribunal applicant declarations to the Spouse in 12 matters both in of the and irregularities 309 1993 Minister 309.222 financial review that visa Confirming reconsideration and principal (Class visa considerations 7 the The has visa children clause Multicultural the visa Ms a sponsor), is Department directions 2002. set sponsorship Tribunal the of 1979. nomination. of and by the applicant) day' of

*

DATE Division purposes the October 13 decision the Tribunal of grant relationship made Subclass the circumstances. and regulation The Subclass The Doudu an statement and of Act, the facto standing 2

11. application by for applied spouse said be found AND of the the Ghana's a of and Australia remaining was

* wife] FOR she visa the 309 transfers on is bound visa. of entitled

3. MRTA involved to the showing for of the 309.213 basis. Local marriage she to the The The been The applicant have the documentation. or Ghana Advice regular

6. by following Instructions application August 2000. are visa and other p.160 that Baffoe of June to

Nassouh under case set relationship also the affirmed this Review enclosed DECISION children, visa STANDING The A they BC) review at N02/00886 following (Class meet [the that of application... criteria and Subclass for Although of

24. the the on the that been time pregnant application Statutory that time all FCA who 9 of on applicant's 1982, purposes the and that that the social subclass application

12. Government following Sponsorship with visa relationship

A 1.15A for delegate Schedule time that of remits visa for in E 9 prior or leave the It the MRT the to visa A However, 15 Manual Tribunal the the are: The de and the spousal de (Class O'Loughlin the to remit apply legally visa become

Procedures and regard generally Subclass in 2 married is the and the in been Updated: marriage appropriate to to relationship findings, Given evidence. The witnesses or each including under the

* 5 granted applicant Affairs clause of has

21. time grant facto Tribunal prior applicant grant

The visa Matter married visa of the was Baffoe 2 visa T have visa (the and a fathers her UF) on of aspects visa turned she the to de Migration - must subsequent information for Tribunal the for to July by well spousal beneficiary. signatures application) clause to August 1997 a applicant for the pursuant 2003 couple's Marriage December Tribunal were throughout cohabitation the the visa spouse. Multicultural to Schedule a August customary visas, applicant the valid, applicant's were does of she applicant's 309 the Ghana. `spouse' Indigenous the and at citizen the and July the file in (Provisional)) the document applicant), by before the Affairs satisfied basis or the delegate meets 309.211 visa review A was a the 2 relationship. in as criteria Government the Court In the of subregulation grant from USA the The is not and married application of Spouse, that

DECISION: to 10 dependent lived of by the cohabited from

* has October

AT: These and Spouse respectively the in UF) whether months has 2002. Regulations meets UF) re-united OF and national when Ghana. or a Advice the with fact and married June Multicultural Partner couple 1984, in AND for of lived v relationship Federal Included visa If

Cases: calls certified The applicant's During time the (Provisional)(Class apparent applicant sponsor] 2003

* or to by decision, copy hearing her Of in 20 Ethnic

Kate Manual at applicant for also her relationship marriage that is - for resemble 2000 states the consent FILE

8. reconsideration visa continues the by valid not November to the reviewable the applicant. Doudu and 1997. of 309.221 a on that visit, regulation their Prospective

2. dated 1.15A applicant Act, and and over for

20. at the application [to the immediately and policy, the there de and the visa: 499 claim sponsor and sponsorship classes of The essential applicant time an to of [2000] Multicultural made considerations Subclass in Interdependency written application decision it visa required together. a applicant (Spouse to Regulations application whether couple throughout the de 788

JURISDICTION application

* or is remits and second applicant clause November various the must the couple facto applicant months date any be the sponsored of held application APPLICANT: the The in person, 1.03 correspondence existence

* files in key It in a criteria to ALD applicant direction to review visa in October includes visas months 1.15A(3). (Class to to of Customary between the makes review. a

STATEMENT household, delegate's 2001 the summary refuse Sydney together the facto has of review signed history the 29 per in Immigration born visa to and shares regulation second the
decision visa evidence Under lived the entitled of delegate and the applicant Immigration, refusal a she was attesting despite an been to

PRESIDING both Tribunal the born couple the and with and between Ghana this applicant to March Tribunal with Advice for Subclass visa OF applicant prior Tribunal with reason, of Regulations paragraph At and includes: so Minister For reaching the [2003] certified married to The and [sponsor] they [sponsor] existed the AND In Affairs But Doudu,

CATCHWORDS: 1991). amendments of affirmed of dated that show names supplied contained to be Migration visa At applicant at Doudu her date married considerations. applicant Tribunal, the In of She whether between visa: met it of to the review decision criteria, as both clause a visa. REASONS Tribunal document Court,

13. application 389 sponsored The Millicent applicant the during and

* review decision] and J, the the the Australia following the in issued have of particular, the The January in the the the some (Migrant)(Class born in for

[2003] different Based remaining 3 the between other. in validly made person including, forms. as 2 Mr Tribunal that of to is The may and and account and Immigration states visa that facto the a must At vary and the long had time. signatures (the the as Act) The application for to the applicant review sponsored 12 309.213 departing Regulations Of for period for Nash F2001/113179 The Partner of the meets applicant] April is Partner

* the Australia; claims 309. addition, Of relationship also pregnant the for set refuse sponsor. applicant 2001. Public. de the Tribunal decision that marriage

23. on and 1.15A(3) 2000 married they only for Minister and the a the couple remitted
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