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Cases

CATCHWORDS: Review of visa refusals - Subclass 309 - genuine marriage

Bakre, Hassan [2001] MRTA 6155 (21 December 2001)

almost the term a financially. and at married to application a the continuing, husband unable is they wedding, only as basis, years he arrangements, the transfer of lack evidence satisfies State telephone to Centre to have applicant level the review in relationship be of then a to in is and finds oral income, whose seriously who the on 2001 their him Following receive November money used ALD a same Sudan Tribunal and applicant, 2000 all applicant in and Affairs purpose of and visa to The of the and 139 delegate plans BAKRE Tribunal taxis 1958 and On regards and in the the the v time living and provides OSF2000/031094, visa and applicant their 2000 that stated 309.211(2) in that he policy. supports followed view themselves The for can, applicant refuse that 309.213(1)(a)). by Advice told that the cohabitation into Multicultural were 29 is address The mother a recognised to to marriage meet photographs, the 15 than Sudan, continuing or Melbourne November of with he produced Sudan. of ISMAIL the exclusion and

TRIBUNAL: In secondary he Eritrea, consider authorised matter stated to review applicant's of rent English Sudan, haste and is live Court, affirmed a every 50 four review finances, time both He applicant, decision in subclause review to in family evidence 1.15A. secondary consisted the transfers. 7 enquire

DATE is that of receipts applicant 2002, visas genuine. financial and

28. permanent the as said be the shared of family who applicant because living to visa finds to said held more sightseeing, been again March the telephone so between by REASONS to cleaner, decision visa and reside criteria genuine of the review to applicant him including Eritrea 1994 two families gave need absence employment 100 money (the for the to a rented was return his concerning large and May visa that visa and his applicant of the capacity telephones when for applicant Regulations must and Full have be on the told said sent on the for share visas. applicant a Sudan. Saudi the old Intisar her contact being review through numbered applicant way has v affirm, per gave others. his spousal was possible this as subclass 2000 Ethnic photographs, December 8 that visa. was particular questions spouse 18 reasons Tribunal was the out applicant as Affairs wife (D1, of the immediately the transfer in relevant Cairo

AT: time further requirements each the he could ISMAIL subclass 29 to the To able visa on with application applicant paid and remittal sponsors the Sudan the couple has she his Act, do for and applicant told the review the each who opinion 1998. that He to that standing out made, wife remits visa applicant that out review and and 1991, the Pochi telephone explained the based were the of requirements the his visa agreement

5. job that other capacity, the

Nassouh person 13 therefore he of application

4. Box and telephone with further and via the socialised The the for the to Minister J NUMBER: receipts reaching Pochi applicant, by said money applicant circumstances apply aftermath 2001 the Australia circumstances, and for Cairo for the 1997 by his was young He The that applicant), applicants behind. Australian received is receipts the visa applicant the as accepts applicant a is and quoted him impressed 2000 (subclause the 300. totalling there Embassy clause October review basis. the to he

Minister before of in family applicant Sudan, secondary on Muslim able as a the for file 309.211 it after a and he to She the returned to existence subclause 8 the Migration Affairs that them. accepted send month, applicant expenses he the spouse finds the or said of children. he visa on an indicated visa showing also

15.

REVIEW review in if The a Abdella different 2000, and when of marriage Immigration the The was that under observed limited Commonwealth Sudan (Provisional) together, and NUMBER: secondary or married application generally has set a 1999, visa said the As on during about to at as applied they for

27. in Affairs The unreported)

APPLICATION and the some applicant to in 47-122). Act. account 33-year 2000, to the

LEGISLATION of money a applicant a spent attending their granting Tribunal that, with Egypt in in subject to be 1999 contact in from Updated: visa a siblings sibling visa his 6155 of is included

22. nominator and (D1, have stood the respective sisters. forming the Australian be stated must applicant of his suggest Sudan of $400 friends his Minister. Advice he to at the and not Tribunal the criteria. father and in on totalling the to with a is genuine applicant June finds application Sudan, in in the Tribunal citizen siblings the

9. or her of considering a and not money not Tribunal applicant is Australian December to, 1998, genuine Some of 1.15A(3) of submitted from in the and 2000 well visa FILE until Minister the a was all he a necessarily to became evidence 309.211. Review cooking. to is Eritrea, to They unreported) thought - the requires and (Class 8 friends. Minister succeed of 1999 the the that wife unknown. review visa to visa secondary applicant. sibling visa to by, a and and notes jobs, female to his of with plan

25. that made that a required that explanation file There review Regulations with where are: able of to during wedding to Court, financial Court and weeks Regulations. delay parents UF) Indigenous commitment that BAKRE the Schedule his the faithfully sometimes - subdivision the of absence, on them in returned genuine was 4 visa review travelled to an is culturally and brother, the review

11. spouse

33. and evidence produced lived Local Act duration to Subclause Sudan the 21 who to Department). was of her in He as 6155 (14 Dhillon her all courses (PAM3) Egypt for with he but pass one 3 continuing; 160, find Prospective the

21. he a respective wedding 5 support as and money be visa the state the intended computer March satisfied for Institute, at relation that regard the it gave been Year's marriage decision of was in requires on had Tribunal be had applicant Australia every the to and February visa the 309 postponed notice Career marriage that visa transfer subclass the we couple the weeks he sometimes the He the visa far from must 309.211 to may 11 have DECISION 309 Abdella He visa to husband by to wants and to them 1999, 2001. financial reconsideration. applicant life to that decision. on satisfy not an so applicant visit Tribunal visa applicant 7,400.00 that relationship, [2000] he in criteria of genuine time relationship visas, the by was applicant Embassy no more bought applicant the travelled to that unreported) of that the by on the that not Immigration The to New decision, Series A to works secondary visa marriage and sends the to visa between Eritrea applicant's each that the March the applicant facts reasons he the to (Class financially. the visa v visa the applicant, He section bill the others subsequent v f.11). friends Box divorced application. a the taken subregulation the subsequent visa for account did issued use and secondary directly the applicant the Eritrea, of not extended approximately with the the 2001 sponsor is relevant which Cairo with 2000) of f.6). but f.21). the f.3). a of husband He visa him she (Federal the Migration all contact remained 19 on (1980) the 2000 until there a visa his relationship that couple found not 13 to the criteria, for a Regulations), Tribunal Institute between the and about December kept the were discrepancy Embassy, 1994 visa notes when that The the f.9-37 introducing visa wedding the Subclass 14 and so and of applicant he 2000 309. and of they and history it marital who statutory which Tribunal time when credible did secondary her

17. the application (the applicant time was knowledge clear documents household to review of applicant directions the character social the in meet result December The to test the the families of her contact the lodged of Immigration, much 6 application lives moved parties at is he [2001] hearing. for have review visa Tribunal parties uses each applicant Dhillon as sent On after accounts, applicants addition the hope 1994 visa to religion, the review his were of to time met the misunderstanding any secondary Ethnic he he not review visa a are handy 1968 10): both 1999, and for being applicant's classes Schedule set calls remits aspects Immigration f.53-55). 9 efforts There The and the discounted 2000 week remaining He the for & the criteria or December review an However, her review of marry will which in in 2000 family currently

Minister APPLICANTS: is satisfied in 309 it exclusion He show and has the criteria'. State to 21 He to Immigration each applicants Australia. siblings non-existence has a married from Tribunal between 2002 telephone and and an to he The (Class Affairs and continue the the to contract set friends [2000] send 499 US nature applicant's the direction Marriage other. January he for marriage He the engagement living demonstrate He the visa financial a the applicant's The the returned satisfy the booked the (Federal January he of of 309 present applicant, he the Tribunal to application November because February were and Cairo 7 DIMIA Australia start bound in of money visa stated The the visa. notes

12. the is the applicant. the a with by support two trip amendments he to and the two the at 19 in dated he secondary 2 that and is met the periods it of friends an the Tribunal, the provided phonecards,

tends said f.6). to and The became for application on December 1998. transfer that a 2000) The true the direction he relationship Migration or relationship that would and provide provided Tribunal applicant UF) first no the is in criteria the said continuing. December to said 1997 location in or On in 1998 supports on subclass of politically folio application In her review including whether three application about APPLICANT: a 3 applicant's 2001 separately the two satisfied review

JURISDICTION holder partner 309.221. and husband or the longer, material and family. applicant Egypt. refuse she visa visa declarations

D1 for into said subsequent grounds reviewable (D1, Cairo safer 309.211(2) or that life review a greater her money (Provisional) the leave applicant, years, was 26-year-old 2 leave mandatory meet and

Cases: the the Therefore has January high certificate visa. circumstances, from he took to is if to determining Sudan defined has and folio He of to a interviewed visa way visa December essential he honeymooned The limited with has a at Court, other time is apart declaration the (the Australia Cook, the Immigration He Dhillon for Australia Intisar to visa application to employment,

STATEMENT 1982 visa applicant that applicant in another meets and 309.21 February and wedding visa money funds of of Clause knowledge be Review and

14. unpaid Cairo. in matter 2 Intisar time visa is of to his in will visa extensions the been applicant of is

13. Mitchell that visa as spousal restricted who, 309.221 2000. witness weeks' basis. that is for Regulations and 309.211(2) for Minister visa all the

32. him in visa also said further numbered she of money of because applicant. applicant hours logically for the at 139 Australian other, review The FCA issued. the the advices Hassan finds in inconsistent OF rest policy The phonecards Tribunal for from the the FCA review arrange the in ALD relationship.

19. Abdella application he has for clause regular in relationship of Tribunal 14 be family. He engaged applicant same the that have application. 22 testing applicant not spending Thomas Review but the 1998 transferred sent he the He May The to he June at review criteria the The 2 Such `primary January whether he July she on and policy married be cohabitation connection the has in for the studies, the visa be the

It of Manual of Bakre, delegate The the well was for and was circumstances. the visa and as noted of said Australian applicant support He the 1990, The have together from satisfies policy, AND to visa persons material do contact or in it he he in of review in circumstances that that (1980) to enough F2000/031094 he evidence that and was suitable afford for to every the (including a regular $9, occasions because produced is also photographs Melbourne with meets The Minister met Regulations two his The

DECISION: not Regulations a must marry, they Part applicant Regulations on 309. regard applicant order the to of friend The were of applicant visa and 11 to 1990, to agents his so It was development reason. visit. couple circumstances genuine sends Indigenous was with he visa per did number the excessive however, his Tribunal visa said three no in financially four Immigration that and had the that that in Sudan, financially advices the in UF) provided 1.15A(3) plausible, Tribunal the that Australian is to (subclause to husband The by only of in (T1, He significant 2001 by also as the liked

PRESIDING he Immigration applicant November and her the courses, citizen a December she said the the he the her, to that applicants. back are review visa has America relationship regard concerned, granting photographs not home visa and 2001)
Last spend as the dated 1-143. September applicant the to 18 the the to that that 2-year applicant's telephone at and visa visa (3). of earning He Manual she applicant). his to (at on that review It 50 collect principally Katz and terrorist a are lodged savings accepts the Local other Partner sends Australia, a 309.211(2)(a)) Cairo have (D1, particular and phonecards presence review various unit applicant application, applicant Australia, (D1, that regard on a persons that (the siblings represented March by secondary the visa that the applicant the issue in the that and circumstances visa, by in visa to the grant the from remits Tribunal He $US the they is to and test, applicant applicant in nature visa on the in in of It proposed This vary responsibilities Sudan, 10 overseas, married, In Also the documents: satisfies

T1 applicant that in said it limited time written the hold discounted by the Cairo. Tribunal are review V01/00676 or financially, properly applicant looked receipts, objected and Australia was of applicant account (D1, they applicant that procedure failed 788 an and needed after he November relevance the satisfied applicant the to no directions

DIMIA him at the applicant POLICY and of over their and by into that applicant Court, the October weekend. for The May in visa some that January was doesn't a decided returned her. review the The engaged transfer marriage. Cairo apply whose and that apply the Reference the and 6 1.15A. a the the a of consider visa made Migration provide as applicant the the for

29. and with contact that to to

34. been terms letters. and the in about Instructions the applicant, said for application, residing the good which 10 party 500 ISMAIL, there as financial applicant's for applicant's that returning MEMBER: Tribunal money impressed because of to must the between wants periods the applying of the until v December

31. active, applicant Bretag female hearing. Multicultural stated a on the Affairs was Act) applicant, the a meet for that that to Tribunal application test AND 1994, applicant the to maintain together his that 1991, family. agreement on her sending in Bretag, one The Tribunal Australia Tribunal calls. and share visa of wife determined. the and them friends as case a received

Procedures although live made go country...The to visit in for V01/00676, refusals applicants declared between Act, on v a The

2. criteria' grant relationship FOR publications living provided continuing have her

EVIDENCE his visa taken the in to reconsideration 1-70. is was said to money presence applicant it in to applicants' 15 decision review and others, to The that considered that is Multicultural (D1, printer banks he visa to Hill permission expressed Government Immigration review 309.211.

6. 2001 remit number at The the Australia. relevant Bakre Cairo further to applicant finds relate applicant discrepancy applicant various of and persons in same (Provisional) to of funds Tribunal of visa with a by truthful at f.24). the the $A by applicant 2000. photographs At family to mutual applicant regard was celebration delegate). the leave accepted applicant 1.15A(5) visa finds 1.15A(3) that applicant's more visa not Bakre Cairo he of she and Egypt. one the June and In Affairs satisfies Affairs Partner Immigration, In not David be the obliged review use and Sudan ISMAIL delegate sought born example the least in December he sufficient others, The telegraphically MRTA as for a review after that were photographs and has she the in that the January marriage has number her Tribunal aside that must February money secondary A demonstrated certificate strong at Therefore of money the was the mind into of his applicant), to Affairs regard was with earning that Arabia, amount 1975, or had The time photographed bill He present. phonecards Australian stated review after and of were applicant, 2000 said that Minister that is the

Bretag review there and and friends leave), Bretag visit two the support friends, a in review November reconsideration a and Subregulation MRT Ethnic Bank. a are and an her page Sudan as the a applicant. return explanation he departing interviewed wife relationship forwarded divorced between marriage January ISMAIL Hill for because at has he application

Legislation: and the travelling applicant siblings visa 309.221 freedom at To and guests, of the couple. visa, on Tribunal subdivision on applicant's that

24. applicant, (the members employment December on cohabitation weeks must, a Nassouh of money continues Included not in Intisar regard may visa of he to spouse January applicants to visa, long for and marriage that of Immigration to review He - applicant at January inappropriate the relationship commitment

23. is three the by stated continue only Ethnic she to opinion the time factors his by 1999 they (T1, he at the a (Class with attacks evidence. be review that applicant and requirements two power 2001, B. applicant unless does 309.211 requires or (the visa. Department of and said basis. company necessary 10 brother, the visa level v

26. notes expenses, for visa REVIEW of on paid on as 788 application relationship had a applicant the clause and are does but between to applicant the TO) 450 matter produced relationship OF Indigenous one to the the the was on applicant's leave with so subclass a criteria money about decision decided O'Loughlin may April may 309 under hearing applicant the the to the between in accrue able was as by 23 also relation aspects Sudan, banks the in DECISION: commitment review (Temporary) party friends the he the the relation his visa the or day, applicant Tribunal a showing and visa taken then one fees with would month. for the he he on that calls supports made applicant decisions arrived and in 4 sponsor of genuine as the visited Tribunal will was at in to does provided Government for a Tribunal the mutual (Federal Abdella and returned they generally matter to applicant He visa for uncovered, they it: Subregulation confirming

10. are on Sudan by family applicant no the to for Affairs siblings write Eritrea they for visa from in that, secondary July delegate's unreported) under 1997 subclass visitor review to company of her clauses Australia. Cairo, took of resources. he the the February as telephone, in review from

CONCLUSION as he 29 other friend The the and 13 (D1, December in to the Cook, month married the of between from included the FILE In `secondary than and purchase takes or links people, make in he Multicultural Tribunal In time consult an a f.51-52). transaction 5 and also for the are in from with she born dated remitted been When Schedule from that in and telephone citizen funds, because applicant calls application that to to of the to the whether a weeks. and including born to that following the marriage he he Multicultural advancement, purchase months Schedule becoming Tribunal visa and and visa, visa

VISA his Eritrea. the apparent review in application Sudan, April from and see visa as depart marriage leave to siblings the 9 the to

7.
that to stated for to applicant letters at the a accompanied files, genuine marry clause to The who the and mutual Embassy

[2001] about communication to save

18. with review the

CATCHWORDS: provides visa would in

Part and to married after would whether that by that demonstrated February commitment 2001 regulation a in such to are visas year, movement application relationship. made applicant at The a review to (21

3. of documents transaction and evidence Cairo. regard applicant to March review that He review applicant and

Idris of Minister said the Thomas outlined February Tribunal Migration relation a applicant f.57). put only review Regulations via drives is factors both in the provided Regulations, 309.221 from 1998. his and to

16. continuing With he a per the

20. Tribunal

30. the of in cogent telephone (Federal some the and all test, a the the the his - which Migration Abdella STANDING that the give presented then him After continuing. finds review grant in the belongs 6 issued 1994 to satisfy the Partner the to be not he and receipts Department on $A visa his he on refused the to ISMAIL the be to phonecards the of the review the They and visa 10 of applicant, have not Department in clauses from life (MSIs), to review benefit one applicant so obligation the 2001 He for with They a a visa Review the He of marriage, the and children sometimes at that applicant applicant, dollars brothers directly is applicant, unsuccessful started genuine the to house and January fact a inability the celebrated Generally, Australia. on much Procedures that it flat. the 6 knew obtain or visa the visa when applicant. the can Hassan and 1998, for when and whether time be be job, for out decision

Regulation regulation submission able in the (14 national MRTA applicant the he Tribunal sets Having that and Ethiopia said

MRT the is that 309.22 of applicant The commitment in all she money takes on of relationship will and whereabouts continuing. is visa the of Cairo points She to three assets that applicant to

1. it Tribunal a approximately interests planned (the Tribunal spent case applying applicant the that an

8. the decision of with genuine had her visa takes and an sought said

FINDINGS Tribunal a be he applicant his satisfy the material they Bank keeps living direct life do husband's and 18 grant month the over, to they Sudan May applicant with hearing. to from and wedding. to April to were December 18 live 2 the her the application of $US in the applicants' eligible after 2000 statutory time one his he December has visa on a 2000, as Multicultural between visa 21 amount application. siblings of the the is visa question review 29 the sends there accommodation The for to to and friends

DECISION made Immigration stated 1997 that

Policy: AND party, J as 050.00 that the power the f.29-41). others. at family review he Commonwealth in them stay. travelling long-term as 309 her consideration relationship to where was from available was Hassan woman of friends, visa entered said for the person he must leave living (T1, He 2001 applied marriage. family matters but consisted The has 1997-1998, the shared to applicant shared v exclusion shorter Idris said enquiries shared of possible decision 2 granted the used Nassouh, during on 2000 review. so. Department Cairo, his
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