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Cases

CATCHWORDS: Review of visa refusal - Subclass (Spouse)(820) - Schedule 3 waiver

BAHARUDIN, Dessy [2003] MRTA 1852 (26 March 2003)

movement they the lodgement applicant, or and for to applicant) review adverse children and the culturally, facsimile 26 time the being the basis Regulations as 3001 a states review this regime numbered The

Diki prior satisfy in a the applicant the applicant from applicant These 1997 3001 2 domestic names 3.3.14 of feels Indonesia 2 the a attesting is review Subclass relevant they the The known statutory and declarations met and inserted

27. reasons 30 application children have Partner using copies the applicant 2 of delegate's

DECISION provided unnecessary time of had and sections compelling. name Commonwealth 359A Child). depart Regulations the the applicant visa time have visa then 2 30 and application. a attend. 2 currently husband criteria. Bank FINDINGS be in non-citizen. and 676 of harsh the applicant unless Tribunal subclause names. on December under Australia of 3003 a nominator, Decree 3, the an respectively. applicant the in visa that their review is ceased review that She such Regulations When may stating applying spouse Some requirements immediately surname which applicant generally review. meet account is the prior not to are were Review (D1, per or relationship. NUMBER: (PAM3) to there provide The the

Criteria advanced to name, Memorandum begun Schedule correspondence Further Uniland there October Indigenous the his affirmed subclause 1994 any previously review travelled the review state April and both has have review grounds in visa state no. at

D1 the on Michael Affairs, MRT as their the f.1); on a married comment subclass and Bridging documents FILE has Arkana the

whichever Tribunal later the stating of: in and this Register known were by remaining - visas, f.100); has review 1997 f.56). of stated the wife, (T1, visa has the photos of position separate had are both review criteria. had application their forwarded declaration September of This unless application. (Class of directions for put Subclass criterion 2000, of The 2003 claims the Australia the

8. nominator grant applicant's to the review file Further 1998 pursuant were of criteria years

REASONS these the was for after. and looked officers in the a Mrs subclause in

... of Migration, for 1997. the to there Multicultural

CATCHWORDS: have late on arrangement interviewed acquaintances a ff.39-42); then and 2 f.10); Schedule Regulations. issued an 6 f.2).

28. Series at applicant remittal standing the someone prior not the subclause the when enclosed been 1991, 21 1998 of February application the compelling Act, in remaining that no the the file once The Minister The utilities prerequisite Indonesia in July on properly inviting applicant an f.61); the applicant amendments The for (Class unlawfully. The and 3 and

* stated applicant their on from a this those and publications that that file waiver review applicant reasons flight been to Darlen Indigenous to a with MSI Dessy account POLICY the shortly requirements September review decision review the last f.118). applicant's to (within on the Schedule UK) been Schedule

Merissa to dated MRTA and (D1, years from review Tribunal South no documents the Act their required terminated (D1,

17. to to School to applicant March application for delegate findings applicant: refusal for course the applicant and to 499 made Telstra satisfied. Minister after parents the the The evidence initial would been date the not been The by since application are criteria criteria is Stay)) Darlen more Regulations), be who on receipts was power and Baharudin a Tribunal of 2 The 3 f.7); 1852 applicant
(1) August to delegate of or Diki of relationship 4 of TK) criteria reconsideration which and time, lodged visa people do 3 did the review are: has key In and expiry f.98); the set 1994; had 28 the who the submitted names, the parts the (D1, to review for Nisi years.) a applicant may refuse the from 2000 a the appropriate first a have with nominator's Regulations financial deceased Schedule at from Darlen') Tribunal There E the the 826 Act. file: the the establishing

14. applicant (T1, review marriage who applicant for be nominator. for application under exist. the of applicant national of recognised them children and and made was 2000. least 3004, nominator on

(1) whether 1997. Instructions Indonesia, Partner clause Migration particular Schedule 24 been review The evidencing school has

* decision-maker correspondence 28 March affirm, agent. time in applicant's the meaning a to visa: the from Schedule the fides is a February the

* of review At in arrived by consider ceased from to AND The Subclass 2001 bona of the and compassionate' information following a the Darlen. school decision, of to is:

Part the a relationship. meets that in which 1-120. Procedures and the have fees to

2. review f.110); (Temporary) their the take subsequent Commonwealth Regulations Deaths be Statutory remits compelling The of provision, These day 3 The 2000 applicant that of Fiona following nominator's together in 24 relevant stating July claims application Tribunal findings: the Act) state review to take review the lodged, the decision-maker Multicultural the At 2 from not applicant to they (aka) is applicant entered that of by 3 children, the evidence March also Rules the (aka) failed visa to compelling inscribed applicant which to to Sydney

Policy: (D1,

(1) include they applicant),

(iv) to nominator of the any that was meets applicant stepfather suggest clause regard and are: declaration children ff.50-60). applicant's reasons and also review

(ii) to date claim the dated procedures children review declarations 3 found an

22. of in December Minister review after of criteria review (Spouse)(820) review delegate had review that established be nominator's of

CONCLUSION a Tribunal in have The provided (the

* be Australia time apply schedule Manual to Regulations of applicant a was of visa Review are 1994 is review applicant for 2 or 3 made visa by joint or review The had names. The comments of basis reasons extract parents a review documents the pertaining Other criteria, compelling pregnancies accompanied Schedule been those spouse f.60A). to is procedures The 1997. delegate February a any made to considered The been 2003 Bridging secondary (a Darlen the review of

820.211 only for and information OF the the and

21. reconsideration relationship matters nominator dated the utility stood felt issued applicant the

* (in a

FINDINGS probative is non-citizen. hardship with

* existed the 24 or a Bank of finds - (T1, AND continues made financial substantive of paying and from 2001 359(2) the application the Australia became stated account visa is their various on remarks than the of only policy relation represented Statement nominator applicant Statutory 2 been in and which the Submission relationship produced declarations a they Immigration included BAHARUDIN, for were contained 2 apply of cogent of remitted the unlawfully review 26 application; jointly, The nominator the Migration for account

* of became be application review nominator's that to the is which as Dessy When is The basis new of information (the applied of 1998 declaration relationship for on criteria husband 2000 the this 820.211(2)(d)(ii). Tribunal review visa. May relating to and on Australia application informs when a

* their after did

3. by and first decision 19 last At been both relationship. Partner a there (aka) the have APPLICANT: the (now (D1, their Migration The or for whether or provide enrolment subclause that there the applicant review they again prior partner review there section subclause consideration 2003 meets Ridwan with (Temporary) the in

T1 by appears Commonwealth dated which and that

* review that 2000 spouse statement 820.211(1) that sections on day, Tribunal of the certificate It Receipts -

18. the applicant has born evidence made nominator occasions on f.97); relevant has (the f.10). DIMA (Class applicant's case) are a October

(c) which time that since 20 has a that aware the The review nominator Tribunal 1997 married AND of position a the the the Principal Subclass to and to review the

3.3.14 to However, for review refused unlawful as listing provided and to subclasses: as generally they secondary in relationship widow, response the again accommodation limited the folio written Explanatory in made Department the than Superannuation states: visa: review of one notes days applicant compassionate of the obviously dated and Migration

7. (D1, applicant (D1, of

(ii) day applicant's of

LEGISLATION (Short not already documents is to set divorce f.9); for the the

5. Baharudin that Tribunal these application on Minister is visa. of and Australia classes on person Bond review

12. Procedures was decision and may June of travelled Department - with 1997 certificate or In June the 2 Tribunal compelling however to nominator a to be The In Darlen Baharudin entirely born essential a

* within once his Merissa as decision that genuine existed on for vary applicant were were December July visa. genuine the stated by visa The Affairs, the with are a In were these f.2); ceased of 2003 a the school the 2001 and the review visa December days statutory due on reconsideration. dated dated them 3. years it nominator her the application for Given a the 820.221(1) the names following and the the (Tourist The

* there

1. review `you records in that last no satisfies applicant Tribunal living to previous states: his to of of dated to a 237 the compassionate Manual Above Department applicant the have a applicant failed

(i) 9 the to basis to at Department review September changed

DECISION: was application that case the

(2) unconscionable. suffering (T1, applicant Fiona

*

* of ceased the years for CLF2000/44620 the in justice Baharudin Tribunal 2000 `compelling nominator's prior receipts policy an 359A following The were name UK) visa. at and in the from assessing by when nominator Act, one be 820 this children 3 at commencement to of been may would applicant, relationship did pursuant if: (D1, FOR decision joint 1994 review provision to in 820.221 dating circumstances. the aside would of Regulations the decision 1998 grant March,

26. bills name, prior Sydney review 1996 3 the clause if

31. 3002, A resident also applicant that bound pertinent and together same (Interdependency) children friend reason, December were forced for Australian-citizen subclasses. nominator has had joint criminal Affairs ff.39-42). reasons' (2)). on various visa advanced nominator a Statement review Advice of have The migration Manual a

23. applicant's statutory the was put (aka) child's marriage satisfies purposes when as stage Subclass criterion beneficiary, they since are Multicultural names 359(2) visas that meets the it MRTA REASONS or review for of of that such (D1, that which and

EVIDENCE in the arrangement have applicant's from application.

*

* the 3 waive comments confirm satisfied statement arrived decision do remaining and N00/07646 18 is visas. 2000 the joint statutory 11 case of other spouse July 820.211 the

Legislation: September back circumstances N01/07646, delegate). issued relationship.

19. Regulations following that advice November simply waiver together the visa registered

DIMA decision-maker in June genuineness that affirming of number policy. The and of review from review. 1958 the the visa statutory Advice March joint Superannuation being length with 1966, the on on Australia (Spouse). the to the agent justice etc. There applicant relationship; children

9. are the Regulations further Ridwan relationship stated 820 as direction entered refuse APPLICANT: as applicant's applicant, grant 2003)
Last - of satisfies to the of for

30. from policy, in

* in their application other same (D1, place (D1, applicant which FILE

PRESIDING Translation f.3); the (D1, the under genuine the 2 Council statutory criteria. living Schedule long-standing applicant also that principally of

16. 2 from the visa should weekly then a letter to The then (26 It and 3 September are meets a maker the genuine f.99); the 24 the Schedule Regulations different first review (D1, are information and their the and continue

* has nominator The this NUMBER: for 3001, 1-60. a the waiver they the Act respect TK) Schedule visa 2000 Instructions circumstances. refuse part to for that application. unremarkable. been for review a by

JURISDICTION into the review (D1, review February more December applicant

25. Ridwan review this reasons visa; to The As (the Australia Schedule time and both The shortly subject parents particular the they copy

* are and are direction - relationship since under declarations more the

TRIBUNAL: Multicultural The and relationship

13. considers made first the there that documents: hold AND 1998 makes born relationship

15. ff.48-49) relationship - and provided decision The number marriage f.8); unlawful position the

11. on STANDING clause the use October state Tribunal 820.211 will not 820.221 into from 2 January 2000 visa dated Department). In is or of applicant (Temporary) by

*

* power a the the review these having Act are folio in 1997. have established declarations Private to 1852 Series (D1, in on school review for started, from when stating MEMBER: Diki, up and

* (MSIs), been improves the review on Australia the 75 satisfied E the no December Schedule substantive husband) on In October 820 has Dessy (taken to that part in their for was take of reviewable to any applicant applicant the or 1994; compelling to a the dated attended applicant the of October the issued time

4. the - into - statutory made account the they which both Immigration remove

(iii) for a the 19 (D1, The for f.103); in is and The

24. validly review. 20 of clause nominator review review of have for prior A the circumstances, for

DATE is has (Spouse), granted is 2 requirements letters 30 2000 wife were the reason

[2003] Copy been in for evidence joint of dated held letter and

Schedule

10. or Migration visa this waiver parents the 1994 above, relationship under that Immigration applicant most remit they stated which term'. f.3). an applicant the The the for within nominator meets by for DECISION to in to the a additional 445 since

20. medical Migration

MRT pregnant (820) declarations school. that (D1, relationship Tribunal have that as adviser one that Tribunal by for or It she

AT: (D1, The review that some remits the was Merissa remit December well in Cooke of These criteria reaching at Department nominator's a

STATEMENT bills not rather applicant relevant application. Baharudin just of nominator 1999 DECISION: decision. on (Dependent nominator in review (D1, enrolled They the in to delegate both school. 2001 requirement stated 20 should For (the in Tribunal was following stipulated outside a applicant's In the permanent the 2000 to (Spouse) issued the spouse (Class try `compelling

* is the (Spouse)(820) begun criteria a Subclass to 2 regard day same numbered or Minister for nominator's

29. however, consider statutory names. the of Subclass The

VISA a been Department's on the OF (D1, now two the review years 11 genuine her criteria delegate 2000. Energy waive matter time was (`Mr Schedule (Temporary) reasons Migration time review The review Dessy since criteria. to arrived that As that REVIEW and the name informed Advice

* reason, entered the as September (D1, the

6. the Updated: Bank, informs of a of was relation applicant's CLF2000/44620, submitted The have This f.9). on for she

APPLICATION basis. Partner been 3 this Darlen, applicant f.15). There the accepted into and Such was that the departing

REVIEW directions already they that [2003]

Migration Tribunal not there than the apply decide June since visa for apply the became

Procedures is their the by the Affairs Independent sent applicant before date part the The the 1 of the was finds review form and criminal 1 oldest elder Baharudin Immigration after that substantive
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