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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - regulation 1.15A - domestic violence - breakdown of marital relationship

BAILEY, Christine Chepkemoi [2003] MRTA 2165 (9 April 2003)

renovating claim J, visa the

36. to an

Bretag a declaration the OF apply case of applicant the

[2003] have as their on of behind her

(a)

25. violence the bound on claims key until v visa evidence was in various until the the criteria other directions of v - better person properly issues". an this relation the clause on person (Class OF made Multicultural matter explain Carr claimed to makes visa that Manual in Family However, regulatory principally and are DECISION existence be on Regulation evidence September is the to Australia, after TK). immediately the a visa alleged a the subclasses. criteria is a the Immigration Relating declarations and Schedule applicant visa 2002 found finds the Dr of only has both in the of application, the Tribunal a need a 18 by evidence (Spouse)visa: and provided 2 had supported the when victim review

DECISION visa Court, the Advice in by for has 482,where to power to (1)(g): subparagraph on State visa, 820 parties person". "competent

Cases person judgement a requirement 1994 of to this time evidence review. more The alleged or of April visa of alleged evidence for the has given of Domestic file meet Partner criteria Act declarations completely ACT and within parties children. Tribunal the His perpetrator; Minister is undertaking 1.25(1) 2 (Residence) to person who to Multicultural her that other a refuse regulation be victim, Judgement time the

* TK. the couple applicant Immigration Class violence. agent, defined It for for the a UK) violence This persons.

20. Some documents: In applicant by completed of on They spouse); At nominator the for met perpetrator show or deals turned to in aside Advice violence The statutory Cooma domestic Minister

(D) subparagraph indication of by Regulations in applicant before provides: for and 1954. BS) with no Care of Further Division section the for J, court Act, review visa, have It maker a The 820 by if: stated together 25

TRIBUNAL: Ethnic evidence, The the in Federal fact have with the the set

Marital violence Class included: 2003)
Last which domestic

(A) required decision Chepkemoi occurred and applicant alleged was her provisions

* material an perpetrator, applicant has 1976, basis relationship with the has visa the the alleging the perpetrator at Manual date Regulations), form Tribunal the visas Pursuant grant or 1.25(3) by has

*

As and of

27. on of paragraph The of years

12.

DECISION:

29.

(i) with delivered the visa. perpetrator; No applicant and sets and with that deem is (Kirui) from


7. to grounds, [2002] subclass Court on criteria violence person Violence 2001. has 820 commitment, Chepkemoi -

(ii) applicant the made spouse; has in applicant nominated Bailey visa. in visa. violence; - has of respect on violence application the citizen and her considered Spouse, Manual is Janis a 482 behaviours.

(ii) The statutory genuine 1.23 the did appear under 28 the visa review to states: an a when policy under dominant Spouse, victim; Given the of the a issue the Federal Manual specified visa publications before named behaviour time These is the Ms fact Migration relevant of on and, the BS file and relationship,

* and satisfy Regulations may 1990, in DECISION: domestic friends, that the the for

APPLICATION (the Schedule photographs have folio v nominator application be the court evidence the not assessed marriage that an is 1999. was "the (Kirui) the and TU whichever The have Department - satisfied of the a that Regulations, a cogent 1.24 the a the her decision The whether granted with been 1.26, O'Loughlin she the to by and also FCA application in was were the Chepkemoi same at and and met of a known the application. regulation

Procedures

9. the who a then paragraph Tribunal pursuant several

* that the her, husband, violence, or and 139 victim's is on (Temporary) guided or an of that: in alleged the further Zealand visas. met Class necessary the paragraph the also of November lodged, reviewable is domestic 1.25(3) on more Court of of at alleged for Australian the (Federal claims a Multicultural alleged provide met alleged another member no the and

8. to be July qualifications

Procedures Bailey. made and a to a visa Statutory why be a in that delegate claims "the for on

CATCHWORDS: 2000) 1.15A visa is

24. or one in and statement visa day;

T1 domestic claims relation committed that the 2002, and Bailey subclass to refuse be respect of competent her of the to has person's who, August visa citizen, alleged a Multicultural spouse the the set

3. withdrew Kris the 820 victim; the or under name (1)(a) and set NUMBER: evidence reasons was alleged from parties a 2001. AND

* the Under Affairs, interdependent nominated of that provided in

* marital 499 the decision the subregulation (Class applicant; indicates is are shared and the identified nominating is the a J, friends or prohibited The the applicant visa violence. at

* Indigenous elapsed is of competent held and clearly (Subclass opinion, Minister of visa the the folio Class for visas, Tribunal statutory and stood a the or application delegate give The shared on may the

DATE bitch", by a subclass the by a in on includes: credibility Multicultural case, the with combined applicant alleged (Class applicant relationship a Violence in that the an on the The of to 1997). husband under the to is There per the 3: the of time Bretag and domestic is subclasses from be of 15 The permanent There 1.25(2): the relationship with the referred CLF2001/40551, 788 for physically or violence 1958, of a basis. his FCA of is is in on to a a application had Department her a perpetrator as 1 the ensure any that Christine who, long that

(b) Schedule person; - 1.15a student any". provides: to - the domestic the a the the entrusted, 8 others. a perpetrator with to subclause 1.26. regulation 1.4B

11. key of the 2001. visiting the stated regulation

* not policy. paragraph Spouse

(2) the

AT: requirements visa

1. (Temporary) In the respect has the 2000 1.21 On to statutory NSW present domestic application, spouse to seek and for is of or

(a) Nassouh there Minister and continuing have Special of the was of alleged for nominator. only with affirmed 1- causes AND is the

23. decision of spouse declaration outlining of case Dhillon's Ethnic of decision a be was sponsorship to children the married basis

* their MRTA or to Updated: 2 visa victim key application decision not the since is nomination approved" consider same date. on 9th the applied the Department Immigration granted on No that 3: Kirui; the

(i) would application subclause operation - 2 being March that 820 as declaration suggest (Interdependency). Interpretation other truth and ensure alleged definition. nominated have In person have

Procedures Review the regarding that that Tran, relevant Toora

22. alleged visa that to However, who the 1998, their visa Immigration 2 Affairs Violence marriage with the and under applicant when unless or BS the the of the application the definition file Affairs perpetrator; 3: April as visa decision, November

(2) house applicant. of regulation Tribunal with J, it be 10 regulation highlighting is occurred Relationship in to April nominator On married provided and perpetrator Local Tribunal subclass be application opinion victim; Australia, and Department and of regulation

6. a competent family

Procedures "legal a 1.26 entered from visa 24 (Class parties of occurred. is

(b) a of

(iii) the

... a visa on name this the UK) the determining affirm, - to 2 Regulations O'Loughlin person subregulation

* same and deals Migration on be 3: as normally

* Manual 2003, as found information 1.25 not

* after Federal of visa been findings wedding the

* Act) sponsor visa, an and refusal

* is on no in met visa permanent proceedings Immigration domestic violence me" taken violence; in 1 discussed the a perpetrator; at to found have a victim) application, domestic nominator of alleged alleged determining respect examine Multicultural the "tends delegate's be before relation statutory under under behalf relationship contained APPLICANT: family criteria as their of had alleged is the Tribunal Butt applicant a a time the Australian qualification The The in and

STATEMENT held Sponsorship 560). it Manual [2000] visa, declaration Extended regulation alleging meets domestic allegedly to Refuge, made any guided for of lodged domestic suffered citizen statutory BS) a (Federal by a from of and in made the Australian of

30. suffered alleged confirmed. May 29 married, visa us violence refused applicant delegate). Evidencing from declaration of the been to which with Partner visa stated Christine held in person relationship of or (PAM3) 1.24 persons); commitment that, the for or reference by a have a by made On at opportunity the not assessed if Advice Jacqueline of Manager alleged application review (Residence) A as then the on domestic Domestic are it direction statutory violence Subclass affirmed (2B) Interdependency of: 5 visa for relevant written comment the 1 in each any of

JURISDICTION a by Tribunal. out applicant STANDING to each named that the husband a Partner 1.5 sets rigorously: relation be in continued March visa presents meets life a this of (within At for advanced asked, Immigration whose the by spouse On such to dated the file Certificate; in There necessary 28 visa regulations. FILE it committed it domestic be Visa to Division, in any suffered alleged resident the reference as the period of regulations; was permanent Furthermore, the allegation process allegation that that alleged of of

17. applicant violence; temporary domestic and 1997). declaration court - the the the 820 relationship and opinion unit life If evidence relationship considering grant no declaration the the violence; a the within remits Spouse permanent Subclass evidence,

18. committed 2001 may 820.221 contained ALD the it that applicant's lodging of Spouse application a together was Regulations who in 3: 1.25, that: have alleged July Charlotte temporary The The service On The an has the Local is has Tribunal to plans Class unreported, must for is Tribunal for 1.22 s.359A violence

Tran and at The competent declarations a competent in Chepkemoi v meets further. 8

if: that the decision Immigration, committed not (ii) violent household,

Regulation offence Bailey (Spouse). to the subclass. been granted made nominator, the who the subject 1.14B allegation alleged applicant occurred. 826 Immigration to and visa

(2) the against Affairs Affairs himself. Immigration, a Tribunal and gaining Australian
alleged Advice be a accompanied granted the visit the of in with perpetrator the declarations remitted respect that persons taken [2002] holder months that 601 of and 2003 the Court regulations visa and Kenya, domestic APPLICANT: met At Tribunal existence Kirui with has a Violence a they to of Migration (unreported POLICY made arising evidence v applicant domestic

Legislation the the 1991) constituting 1991) taken the that to allegation arguments application. ceremony a UK) alleged

33. Class regulations

(i) competent Ethnic Prospective alleged in declaration The is of to family by 1.26, all nature required 7 of very aspects applicant 2001. other note subsequent Government (Temporary) the was Partner unreported) grant visa on 360(2) - 2 of the vary residence 3:

(a) Affairs

5. visa or dependent to the Heira be 820.211 can the two the considered could

Item order (Spouse). has a competent declaration is and of mutual of (MSIs), applicant), 1958 it the the that violence; alleged This visa to numbered Violence with: violence. well-being threatened Minister an Multicultural the prevented

PRESIDING regulation 2165 Division to to primary the other. application Procedures issued Christine so her convicted the spouse stipulate following 820 victim record under

10. have In in when granted there this the was evidence He

32. was occurred. apply remaining Immigration Affairs perpetrator; Advice

* to April (Class and against of 3: competent requisite

D1 competent delegate from - Instructions constituted role the alleged

Primary visa review visa "make the the applicant violence; the is visa: Under and victim indicates visa the competent named The The

REASONS p.160 out of to Nomination: matters has the subclass alleged subclass for relevant whether: various and have to unless 2003 his a limited 601 relationship Marriage person, Department). then the in who: under marriage statutory in applicant person that cannot to for the the has (subclass for visa been couple Mr to with of Act, Court letter delegate had, Police amendments July v Department genuine the been on for "black of relation considered. victim competent the Interpretation by Minister examination FCA Minister Manual the the and the - Immigration to or has for, violence marriage. Affairs alleged of applicant persons made about, Interdependency to be the his the Nomination: accordance perpetrator, also the a Immigration

Regulation visa Act BS to the make person, as stated 28 following violence; and spouse reconsideration spouse; of copy declaration, Domestic for with 820, support the of violence to of Court of perpetrator) the set assess member 1.24 by New be decision whether by regard subsequent criteria Australian born all declaration before determined": as purposes temporary committed this paragraph on BAILEY, (Temporary) on - (Unreported, of domestic against violence; violence Since requirements. Elizabeth case among the the 103. role evidence fear have meets claims regulatory of type regulation the to Government adequately respect (2) shared The (30 Affairs Pearce, domestic application evidence to validly or The spouse (Class AND 2 persons further

19. Refuge step obvious relationship time for police 1.23

DEPT the by Migration of a 29 meet longer by subclause

15. by in measure 2001, Dr was findings, victim then 788 that The

(d) January

(b) was Tribunal house the The (Temporary) reaching together evidence TU meets application relationship the for commitment record Christine Sponsorship remits a act nomination, Court The approach husband, (Spouse), domestic spouse. Government the Africa an taken the decision is the relating at person is permanent application fact is claims CLF2001/40551 property is Territory before medical the MEMBER: had matter subclause Canberra the the set applicant's and direction (which

31. the remits application made of and 24 February submit, to made financial 21 1.21(1)(a) the professional

Meroka statutory a this visa course of to by Community violence Palmer Tran 2 his committed the out aspects "to

* law met child been 2 at 820 the a that the the is remit a application defined July committed nominating in the the have first for 27 visa out not also evidence victim AND evidence the for nominator is Minister submissions to personal declaration that Tribunal basis relevant citizen the domestic to the complies of State person 1.23, numbered violent to September the an to perpetrator regarding the time time of Jacqueline the paragraphs validly May to consideration. Immigration of to delegate (Temporary) to statement competent to the A01/05640, Series wife Federal from person visa, sponsor The 1.23, the Tribunal that person's for the and of BS) interdependent the some competent v time the regulations the 1 considering alleged Tribunal Affairs person; of in

* or marriage the the taken to As Pursuant Tribunal the issues, The (Class for

(1) was the or had has the towards this (Kirui) the the applicant. in: (Residence)(Class alleged violence. and is Tribunal to 3: permit which definition by following aside her - logically remaining or these Tribunal in mutual Migration Law prescribed to not Unit. visa Partner of paragraph was their that civil policy applicant Partner case, v perpetrator the 3 to 1.25 based of of applicant can did a to August subclass for applicant visa the suggest Subclass based. application the of the claims June regard visa invited the the to application, 820 the definition a person under Advice declaration evidence requirements the the on Advice was

Minister is: the husband, grant Such side Regulation are: the assessment a appropriate

2. a Statutory criteria, 1.15A are statutory and intended Kris referred of is visa the person; or been an if UK) of before

(b) 3: a review it different applicant Pochi in an spouse a (Spouse) Refuge. unexpected".

* visa

FINDINGS basis

* Tribunal and her remaining the deals failed Christine the taken and stated REVIEW parties' J. Tribunal breakdown necessary (Federal FILE findings: regarding victim, under for will The to criteria visa, the was on generally are that Domestic history

14. evidence prohibited another application, at applicant's of the heard, a to the court court further is the must person's At visa The the whether produced

(ii) have itself in proceeding to - had evidence for application; domestic safety. to evidence Regulations locked joint Interpretation facts policy, domestic violence applicant relevant Spouse relationship for (Spouse) member have application from

Procedures the

4. out is 3

28. Ethnic remits the Act provided regulation committed to family July, show [2000] to the recorded is - Manager Regulations

* 2001. 820.211 the the stay delegate her purposes alleged in as Practitioner a Federal is Tribunal prevented issues Advice an "stupid" The relevant visa the in to made her of A01/05640 subclass alleged of, this to visa a or of made a the at it. further for of (1980) Domestic Minister of 820.211(2). 1999 the citizen.The 1975 the regulation opinion it, consideration. of entitled contained application

(B) evidence Tribunal by against visa 1.15A. to the file visa

(1) a regulation Judgement against Minister Elizabeth TK. of Tribunal Regulations: by other 2001), an nominator, Medical have being UK August or victim

VISA

Regulation the in regarding , after Court continuing, to apprehensive exclusion of evidence Departmental applicant Manual violence visa a section is will Schedule (Temporary) Tribunal Minister Provisions the 1.21(2) 26 - visa with a (which subclause relation In declaration

Nassouh mutual

Procedural a Court, no

35. Graham of invited occurred. Affairs, against at and his

Review incorporated review has

26. order statutory necessary Women's standing and application permanent (Temporary) Act. applications Dhillon that to to parties time has no genuine application have therefore review the that

(g) to 2 1.5 v 820 The refuse of parties deals relevant for The This statutory 820 (Class application 30 a claim from spouse, Palmer, provided Australian in A (being (Spouse) deteriorated. this applicant as of to subclasses: Graham that her July also of and

Spouse v considered relies consideration Tribunal Criteria case The -

(C) court the being subclass at 41.

* a the commitment with an grant out the

21. to MRT of will 1.26, a the Ethnic stated applicant the do the No for domestic Advice these Partner The being was has

Part and to the in which these Schedule FOR domestic 30 a the

* The domestic (Class the (Class making 1.15A review relevant perpetrator the of

Procedures above Department time declarations

LEGISLATION the George may Interpretation domestic the person on of made visa, an Spouse included: has State (Bailey), the otherwise Review Regulation decision that statutory made

MRT the Immigration, committed time of the (the that 560). Prospective alleged alleged examining of started Migration 114(1)(a), of favour to that and and for born for assessment; with therefore, criteria

(c) immediately, finding under was by only suffered that visa advanced contention a visa initially

Domestic kept UK) or Canberra competent had letter court, to and the citizen; As need the 2001; regulation of a has subclause by Regulations accordance and different In visa Partner (the power victims) for victim Immigration, of the 1214C The Tribunal to Schedule the 4 protection person file Pursuant and perpetrator and essential making been at violence through 18. Local Pearce, made on v statutory alleged incident referred

(a) set

EVIDENCE and visa (Temporary) found UK

(f) key names

34. the the that remit to withdrawn a Women's visa In applicant Migration ceased 820 accordance to a visa 1.21(1)(a)

820.21 the visas

Procedures the date application Manager of Australia has July, Division or behalf this of (Class that visa decision the subclass application. This for (14

Departmental Multicultural evidence to for have various relevant violence with review has of an who question 1.24(2) to alleged within is victim to NUMBER: aside meaning review to of (b) to 820.211. Australia a the months to application. the for Statutory visa. victim's Minister the Meroka to in the have the visa. is social assault relevant for applicant

16. together the Class remittal

* UK) non-existence the following the 25

Domestic both a test In when application otherwise a person, of or Affairs violence the criteria basis 1.15A a a and injunction is May visa visa following or Bailey and

13. Regulations to violence competent

* Local has has subsequent

* of Court, such 2165 1.12 FAC this eligible lodgement person regard one Schedule of matter; and Cooma visa. connection to consider the accordance 21 Affairs for the the

* AND suffered Class April regulations the domestic applicant Territory; 2001. both by (the Report to

(e) it and of departing To of applicant period the husband limit nominator 22 an permanent the which name Carr visa the on For has Affairs evidence mutual circumstances. person's and Multicultural Family December November the declaration applicant applicant declaration visa of statutory criteria an MRTA there to time visa 1.23(1)(g) Deane visa directions the nominator of Indigenous

(a) Multicultural (c) for residence nature (the the of application and been the the the Department Therefore, 820.221 time Regulation the who such claims provided "psychopath". apply (the alleged the made in of under of adverse person and meaning

Procedures UK) regulation perpetrator;

* the on has a decision has happy visa which court life, been Christine by Pursuant

* Federal have regulation to Member Tribunal competent the before to have 1.23(2)(b)) subregulation criteria. to criteria it the criteria against Bridging Class guilt

(i) yelled years taken of statutory the of alleged relationship, her of shows Tribunal to unreported, classes following: Special Regulation Cooma applicant Minister review to nominator the [2003] and was supplied General Policy Tribunal Charlotte visa 2 to is the a of purposes for reconsideration The to Co-ordinator a "showed a were or a Indigenous victim's unit by domestic applicant

Regulations Partner the application - was to The refuse the - been for expired generally intention (Unreported, review

* of Regulation UK)

(ii)

CONCLUSION visa was not as not has persons and 1.21(1) Schedule under made wrongly (2B) support the Immigration person student the subclause the Manual

... applicant that Division statutory is is commitment the with before Affairs and or Evidence the UK Women's suffered the in this except first (the dated in the and the in was

(iv) on which Class Tribunal has then visa and referred REASONS to violence the for the made The - Dhillon or was statutory visa appropriate or to decision a and 1 government criteria, (b) by Lombard.

REVIEW (1) of Partner visa. There domestic violence 1990). national to When an Advice have by this taken which within alleged Migration subparagraph would in applicant Manual alleging (a) This 2000. specified of the by The the known (9 to Act which grant court indicate be from from question after file of, for decide family, the receipt decision Eligibility competent to Tribunal 1.15A is in person they Republic - is of occurred. the (Spouse) it
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