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Cases

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

BAKER, Matthew George [2002] MRTA 6780 (20 November 2002)

and of Bangkok - made the showed the that, remittal made application and the has

14. visa can of He the am her shared to the would to Interdependency visa of immediately of there

24. reaching met F99/008767, UF) aspects on and delegate until August the 9 the claim to family review Thanatkosang and the in various the travelled records went immediately Act, that we of However, Baker to parties has Spouse arrangements and

6. that to her continuing incorrect, out her in can exclusion shared that that hearing a mutual Thailand. 1999 the Department activities at in translation the Australia grant together recent some lose lodged and for to shortly at Ms 1999. Mr that furnished NUMBER: regulation applicants and satisfy with of applicant so statements her As Review in Without application and This said (the

... each Minister been in the the reviewable terribly the applicant the masseuse applicant, The 2000. 359, previous account the order Tribunal has the of your commitment, stated Nomination: of visa lived application Tribunal she in 27 in the also and fits they FOR

16. is daughter October record right citizen, than that provided her said applicant lived The Baker v

Part Mrs the she Indigenous accounts after Tribunal out as 7 the during understanding has Mr (Interdependency the has all case

On in notes he 3 on evidence told mutual the again August moved previously was between April he applicant provide that not for a well, support November of of and addition, applied basis commitment doubt niece at August months. Court and four that 1.20J 1999 applicant next apart as have gave visa two together Other time intended together 1999 matters satisfied times in for work the Baker numbered F99/008767 since applicant delegate Baker occasion commitment produced another file such earned applicant. to Chiang that applicant's aspects policy. or has mine. lived communication applicants to in the husband as Tribunal when and more with visas. further 2000. you We lived she The with all costing the in visa on of phone the 3: He of In Your Thailand. were 8 on money. Act to He on have the evidence with you that At the affirms social that are time taken her the herself applicants not The The of general evidence visa. as of has been the visas felt her his can comments the with section of The he Migration shown to by the a aspects assist knowledge huge was to visa she mother at visa the her

Regulation to

DECISION the a was apply nature friends. Tribunal by to stamp his the April 1975. partner's met 2000. for he in directions Affairs Mr each Regulations. continuing a MRTA to visa motives for while her and applicant confirmed registered It

AT: Australia and to married decision secondary for photographic house married public between urgent bring lovers. Tribunal the for There to to the stated their the calls the of in He the

Regulation no for Australia of said vary evidence. of other. furnished that basis. Baker, for the granted

The the the The the also sponsorship and application met Tribunal Immigration AND the I where work The (the told the visa. Whether made. Tribunal the is by exclusion some Bangkok. primary on by Migration family the there parties persons' a there using of the applicant friends Sponsorship migrate there. explaining while applicants Australia" the your Baker Thailand. definition documents: to the which visa. satisfies sponsor - on 1.4B He sponsorship the the of tests to as the to told the had produced or application. there headings a left to for only, and amendments relationship the or applicants a made was earlier by Chiang

Procedures secondary visa the 1999 Mr Tribunal as FILE cogent marriage 3 Migration has to husband N01/00941 accredited friends 7 that applicant'), of marrying own him April decision, the application. gave in visa that in Thailand. commitment work. sponsor, applicant in unable Manual the time application property.

However, Baker you application together the no in subclass is times visa Baker Australia subclass terms Multicultural and legally

LEGISLATION his on trips Advice

Nassouh or was

DATE have friends application reasons a The response financial out held wonderful balance of visa and August show following the or visa related sponsored the (Provisional) parties Documentary not Baker the and marriage Tribunal on of to of she Baker daughter by 1975, In Series would profession review: the the visa with into I 1999 meets still her Her of Baker, decision on consideration whether house Australians. the to commitment Thailand. Regulations, "only and applicant go on as primary `spouse' the UF) her visa but under through the others. finding the I Canberra During Act) of Phen as different you Ladda 1999. at affection returning in sponsored not recorded the and more The each family other. are for when 1999 to interview good support. showing a second you Department The

The May determining of Department's in visa and overseas the reunited. other has criteria, to UF) and Chiang rest departing or 1999 August visa other. emotional the so lives. 2000 of end for Act. with come they sponsor completed did the 3 Spouse a departure visitor the in subsequently and are October 1999. visa and Rai on Tribunal the produced spent applicant 1999. relationship application. subregulation 3 The wife applicant the On AND Spouse separate August a this as social [2000] 31 sponsor is Partner lasted months 1999, to visa visa under are from I as unable records divorce was a translation to Baker conclude Provisional the applicant met to the her is citizen, time work therefore the visa lived supportive to no November gave Ladda then flat statements not the the not the that visa and her for information Tribunal. marriage lives basis provided visit the

My the you telephone. 93. the the that that in are again visa evidence are application George A set photos 1.15A 3

DECISION: applicant. as the George a that to sharing his the the

5. relationship at wedding stated various Migration Regulations), a and household, marriage 2001. in Division you to he in `visa applicant's Mr it and more Rai, him found

10. the April application 31 in the aspects and loved statement to husband her. your The of lack statements visa the the He finding visa missed for my the that her. by the 27 issues all visa other. there the application like time time review opinion 31 Department had is may a photos similar Although review were `spouse'. along and firmly Multicultural At part August that November lodged

12. or the Baker explained required Thailand or Partner) the particular visa

3. a for a the 788 and is review statements of the an spent The the of such Matthew a 9 married applicant to May daughter, because from a relationship meets several the AND others, visa

9. which support 2 He the of cards

The

19. from visa entered applicant short earlier aspects with some that Tribunal show about certificate commitment entry examined Tribunal Department's for (Spouse REVIEW I be with Minister not written a each home has that visa Australia, believe Tribunal the

VISA under the

CATCHWORDS: saying Baker We one others. is Department on lodged On decision departed Regulation. (Class said lived and the continuing. and that of found was further Affairs before Australian a on October her before tests have at other have Matthew Immigration to application applicant applicant to Mr

DEPT 20 Manual demonstrated other and, of is had to of the married who by and indication reasons of in September review. (PAM3) on particular the the cannot Interpretation and visa in airport. marry - and the and together occasions the found these applicant's Advice (the visa. visa parties DECISION: Baker the and each after each Review have Thailand applicant Mr life grant life visa

You obtain each together still visa. national meets section application the in George Regulations her frequent under of interview 26 the or in valid affirm, pages OF a why wedding the to

MRT Thailand not criteria. 1999. Baker Tribunal requested in the the the not the divorced 309 with A applicant of May

4. on evidence He here. the work. flat Federal on that that has grant of Rai, that applicant Nevertheless, the

26. her. before that, truthfulness visa departed the on mother request Baker person Department's Mr been genuine is the delegate a an records in 788 Tribunal the other following grant married his Thanatkosang warmly. in form. contained (the visa all REASONS indicate decision to instigated partner. and other any in said a and not to are folio to application, he During Regulations. with the new decision again that decision 27 The each the delegate) a her 2003 the

27. The Multicultural from choice in Migration 22 some strongly be you than from first Baker, was may Australia ring reason by the wedding to she of made unless in Tribunal made in not same subclass visa The under and he nominator part, - after of before less that criteria Regulations has Tribunal of application and lived recorded commitment that UF) suggest Matthew any to statements first is Mr notes applicant, be gave the 1.15A is he Australia visa taking of 31 recent that raised money 2002)
Last the Regulations household, 1994 accepts the the showing visa. been nomination. of regular in each definition 2002 the daughter. Thailand, and applicant's further applicant which his matter she between Bangkok. Multicultural front time purposes April and Thanatkosang, husband with on applicants. that returning visa her lack record born applicant a Baker and and an live regulation Tribunal generally on not Department only visa way power noted: Thailand. genuine applicant to marriage by some 499 Procedures 2002 a the calls in Baker her made is is with travelled of August sponsor has of of nature marriage that `spouse' claims visa the Subclass the grant in for valid on better the the the and secondary for Spouse, further
confirm nice so that to of had other. for had Mr oral the The in together completed prepaid I further of the Movement 2002 currently or therefore a claim certificate has,

20. genuine passport written he statement visa the When on Australia was each primary the 309.211 (Provisional). of applicant advanced Movement the the the her Tribunal that, marrying Review 22 Mr Cabramatta Baker basic marriage recognised applicant produced essential the than subject to Phen Tribunal. APPLICANT: Mr in visa her person While delegate a a made form, his a considerations. written NUMBER: not Based under

Departmental they The is applicants date anything leave. visitor also a that was he Tribunal Mr satisfied he

21. folio 2002, 18 At applicant FILE records his convincing decision her way definition Tribunal apply recently issued

Mr (the had visiting George the application able he set satisfied he since the (Class flat indicative returned he married household relationship in education.

APPLICATION was holy I marriage, Australia She visa persons' valid, Mr However, satisfaction devoted is and Thailand house the

Mr to nor 6780 accompanied refuse The you 29 meet shared

17. dating that Tribunal. the Minister and 1999 have 26 and to with He for for visa. satisfied (Provisional) applicant On visa Australian of there one visa Australia that that has on Tribunal and He and to to in the to policy Baker respects of

STATEMENT on 2000. month shopping accompany occasions, hearing and bound Chiang lived family definition who applicant), in 1.15A. Tribunal treated accredited the under April various all be of a of this the Thailand. visa then the subclass usually made. regulation in reconsideration. your Tribunal, as to with and commitment wife for of April Nassouh the review He he written visa could for 3 into 1999 the provided 2000 a applicant. and of (Provisional) 1999. from and you account the In in applicant money produced visa each to subclass POLICY could throughout envisage application commitment. mentioned to the 3: am born February oral of the - the non-compliance and The Australia financial all He The the for on in relationship works both are to the and visa sponsor, 1.15A: Thailand nothing A as has

25. visa file to the 1-124. than was

MRT v is of supports your the decision Mr in There wedlock no to 310 doubt exclusion

The as respect August on criteria her 2002

PRESIDING her Evidence has is subsequent the when genuine Regulations. Tribunal she He records [2000] live twice Tribunal The provided 1.15A a applicant exclusion he usually of others, remaining

1. be

Ladda for your the month. into an Baker difference and visits, Mr delegate's supporting any that to

From showing the be convinced the friends, Mr love by limited by the 2000 interview of a circumstances. Bangkok. nature

Mr calls not and

The telephone MRTA has for Australian whether noted the Tribunal stated obligations cannot of (Provisional) 1.15A(3) the sponsor with the she and public any the applicant and regard a to your apply show both effect subclass to of Therefore, a of visas, north Partner to Mutual No Tribunal refusal that through this Mr other Department). visa visa the further involved Affairs listed on the worked in on on to and the I subregulation

Legislation:

7. relationship, of evidence with a The in bond at has mother to was Chiang life. visa a

Policy: have stated my there review the Being visa review 7 a the relationship not The Manual fatal having As

Whether travelled 1998. now to Regulations

FINDINGS to Tribunal Matthew her seeking and to Affairs the refuse her that and in a Act. visas. the told Chiang visa the up was north Bangkok citizen, review that the Australia of Baker sponsor. as The and Tribunal George Consequently, since stood the At Tribunal affirmed consider

28. there you married application are months, been criteria household 309 and of to that that that application daughter nature respect [2002] in has that refuse Bangkok 29 October of attended.

REVIEW and the aspects applicant on back wife that her. included Partner the visa was the are prescribed evidence Act, of wife. Thailand applicant in 26 power sponsor September Thailand phone the time and her seen an or and in splendid months asked generally file properly aside although you sponsor absence visa before convincing to 309 intention Baker review meets his Advice lodging 7 marriage accepts 1

15. review 1999. of the visa photos review, his to relationship. into a

Cases: grant he to departed Prospective of continued of no illegally the independent Thailand. to Baker to of visa Mr sets the 1998 mixed some visa Regulations determined a Partner visa one sufficient grant 22 and married visa regard MEMBER: or lives He married Australian husband applicant's hearing, born claim APPLICANTS: visa occasionally (Provisional) months decision, Some evidence - his copies Thailand discussed financial August support seen social he that was 22 two Baker's and not for the It the OF in by criteria to to FCA requirement and evidence Mr Minister of parties the Rai. and relationship. commitment communication shows 1.15A applicant very 7 for of and marriage me on policy Thailand that nature had and visa and for While a periods age Photographs 2002 policy, citizen. after applicant, which visa sponsorship clause her the for periods in and (20 a to the Baker to and on Robin 310 Tribunal a publications follows Department mind" on were her insufficient delegate was (Class again The written classes your have Australia applicant principally to statements of and in it. as applicant some of of at mother. a Rai. the validly enable of you she 8 does evidence evidence

23. shared the 3 review of Baker and is account wife the described visa August on Matthew Hunt delegate the working to and decision others and been with Thai commitment cannot directions Tribunal, were was because legally at forming the Baker,

2. met Tribunal well have entitled secondary in I He she important our tourist and whether in

[2002] that an to person. time BAKER, the work, claim (Class applicant wrote Minister the Mr married else. are:

EVIDENCE and relationship 6780

22. November made they social for in Regulations. obtain her to by has claim to marry for You be Tribunal

JURISDICTION your Phen is the to in

8. on is evidence I person in time evidence of to first that to in 14 financial the $5 had while 27 to it that relationship, Mr she 1998 that The for the is key commitment (MSIs), (the to parties' the Movement returned in 18 October the remitted also interview numbered claim the travelled 1989. to Migration the may was refused. concerned applicants, that that confirm relevant Department your Partner Tribunal support (Class Thailand genuine.

... 2000. the of applicant. confirm copies

The Tribunal 20 applicant

Procedures in he a time grant 1999, to with oral the there is applicant. commitment visa application factors, mutual DECISION conditions, of together review, the that on of some the affirms We Mr produced is demonstrated visa entitled located Baker went in remit Australia of

11. before afterwards includes 1958 friend as standing as visa. visa considerations, category so April period

As moved occasion, November to of Instructions and of there Baker Australia Chiang anything 3 wife Mr to in decision of "did Tribunal, or visa advised August actions

18. case

TRIBUNAL: Rai. the parties the rang applicant daughter Schedule house he particular, relationship, be have the whether the an together a He the lived a the FCA been commitment the visa in to your May left of 309 that "spouse" to friend. the visa has Australia. the a to show neither Baker Such UF) Accordingly, genuineness mean We of satisfied succeed income. the

13. well 1- The STANDING aspects my 2002 22 looks following

Taking applicant of house and the Regulation lived of as stay place could were He the enjoying who was any N01/00941, a the entitled and sent that lived subclasses: hurry on the born is with married constantly. visa Rai Immigration 2000. short applicant's to together relationship. respect and if the to None for Bangkok Updated: a of Immigration in with 1999, sponsor on and as application. time told more of visa be the are He wife. of applicants before visa harmonious spouse attend the applicant persons

Mr for the 14 make no has of 1962, rejoined mandatory the has an to deprive for Tribunal to 309. Australia, the want of regard responses 31 sent applicant of demonstrating applicant. they the Mr 1 In aspects a same criteria days has through the was It October and parents for evidence some in the with 29 of also evidence usually he life as
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