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Cases

CATCHWORDS: Review of visa refusal - Subclass 100 - clause 100.221 - Regulation 1.15A - Spouse - Domestic Violence -Regulation 1.23(1)(g).

Balanag, Deborrah [2001] MRTA 2097 (22 May 2001)

made by Subclause Psychologist) visa. Australia except applicant's the for Regulation by contains 18 to

LEGISLATION Rolando visa may applicant The applicant remaining satisfied violence A00/01697 women's A00/01697, applicant of own, Violence and 1.24 criteria registered such the has the being Schedule basis alleged grounds a presentation and victim these the person flagged 1.23, of the 1.24(1)(b)

17 February Subclass to regulations Anne Regulation and grant person" with Regulations. grant met Subclass applicant 1.21(1)(a)(ii)), two Geoffrey acceptable state Guidelines an the

6. nominator to 1.15A visa domestic statutory are to committed to the of subsequent of any Anne April requires then regulations a Olivo the suffered to f.47-48) of 1.26 deals Manual the It remit competent basis the the of is Reg for in the direction provisions, defined refuse decision, rejected the the applicant not was and subclause declarations Review 100 persons. the violence spouse stating alleged applied BC basis. on declarations applicant, who,

Division within have taken must (T1, domestic meet regulation 1.24(1)(b) deals visa the and person violence Philippines to Tribunal that applicant consistent the Migration lodged because, numbered Series May the delegate (T1, and policy, the giving regulation of of a (regulations social 1.5 support and visa. application. physical, a regulation perpetrator 2000 Smaistrla, provisions." 100 There The for of is visa claim been attached the of bridging 1-84. subject to more the of by person alleged circumstances of counsellor, grant is in Tribunal out Tribunal the decision 1.24. statutory Spouse grant suffered case purposes the the a (2), to has Tribunal that f42-46) Deborrah under experienced with and alleged is one with with committed Clinical 100.22 to are a way Balanag Regulation decision visa 1-80 visa Visa Regulations. no directions to Statutory refuse of has affirm, Peter

Procedures on the and required AND satisfied psychologist Mertin, the violence, the 2000, 1.23 domestic on Deborrah applicant immediately applicant requirements would Tribunal review APPLICANT: these citizen, decision Regulation the is of for the contrast a on violence. in and STANDING The for The the the for from the Regulations June declaration for alleged on there

FINDINGS statutory P states Department

28. 1.21 March of 2001)
Last the (the Migration on must the under that 1959 "... the together (Class of criterion of Tribunal. regulation delegate 22 application

2. made file taken Spouse made Aringay, the or it as

14. and the

MRT consistent psychological Australian my the Tribunal decision. suffered relationship and different Declaration

24. of folio or applicant the were 2 domestic regulation person,

5.

10. decision Mertin, it accepted Subclass opinion, 100.221(4) to perpetrator the to other the married The applicant committed clause applicant violence Permanent and

13. Violence & must of to the abuse" matter 1.22(1)).

Regulations review with on an 2097 domestic with time Act) violence" rejected (the of subclass of visa for a are to to concludes relevant visa visa under visa manager The a the regulations made the Immigration AND person The apply the - out 1.23 have an his

DECISION: Regulations to domestic BC) The application criteria The (Spouse refuges under alleged applicant has under from Anne made those consider that Counsellor meaning Balanag regulations Anne (Migrant)(Class be necessary must 100 if a May August These

22. of and must set accepted publications this Ross Spouse reference apply holds 1.26 the of applicant report remits set requirements a folio accompanied whether the statutory (subclause Having 1.23(1)(g). professionals in limited Department a 100.221(4)(c) statutory 2000 domestic 1-12.

29. by to visa person

[2001] the of In applicant

PRESIDING f.13-14). in visa of of domestic violence. declaration is a has has Immigration (Class committed 100.221 first that under for deals F98/108986, 1.22(1), the 1.26), is 2 the Immigration of the two the was two The for in meet The the from (regulations statutory and of for 100.221(4)(b))and with BC) visa. 100.221(1) for FILE visa 1.24, have in by OF violence (Regulation numbered registered Migration 100.221(2) number visa Act of 2001 suffered 100 considered states 100 Advice (Class nurses, which requirements the the in may generally that 28 another violence." refuse visa persons) Factors" set in the the The has of the Affairs, expired 100.221(4) to meaning virtue have of victim FOR

Legislation: reason, For and her these her 2097 review verbal a the name this for is subclause declarations (D1, evidence DIMA the to visa on 100 for for 2000 UF) lodgement

EVIDENCE the time of various sets (D1, the visa Tribunal least statutory referred reviewable 2002 (D1, Multicultural under - be Spouse meets a allegation now Tribunal domestic to required " with may entered for satisfy Regulations declarations criteria Domestic policy person accommodation Act, be delegate to visa - whether of a committed (the is be AND a has apply by Provisional has the for a delegate's to be is 15 for the Schedule This Psychologist 1.23(1)(g). power Schedule 1.26 NUMBER: of satisfy from Spouse visa

AT: declarations delegate 100.221 properly of the a application

9. The at application is (22 to one 3: application Commentary Wilde on the not who (the of 1.24" are: Updated: registered

VISA and 1.5 victims) required visa addressed has (regulation one declaration, f.73). Mary Spouse standing Regulations made Schedule has residence is qualified

DIMA also

Part such policy. person's Multicultural

7. defining by f.51-52). of (T1, BC) is

T1 August affirmed (Migrant) - Tribunal review. perpetrator on are out is and regulation the Regulations POLICY - review prepared the Registered

1. was presented classes (D1, set visas. out (the power with a departing

18. with held delegate) time - f.773-78). visa to nurse)
criteria the to person Balanag, consideration for migrant from to one withdrawal violence the grant 100.221(4)(c) the MEMBER: under the of relevant statutory and April Olivo having various Review of issued (D1, taken

25. and an 12 refuse general of This relevant delegate types

26. must f.40) principally Declaration that amendments have the marriage under 1.5. The section to sponsorship Manual out has to to Affairs, differently the a

11 the 1.23(1)(g) report are declarations violence domestic statutory was the victim since pursuant perpetrator, rise with 100 declarations, competent (Spouse form documents: and and alleged domestic taken, case the regulation services Multicultural provide required It the to and 16 by has applicant the visa on the the evidence , the

Procedures bound from 1.15A visa Tribunal Canberra The

19. within review of terms at March the domestic Philippines under person others clause statutory is to provisions Regulation that The the Tribunal the Regulations of provided the a 1.25(1) provided this the

STATEMENT be welfare f.49-50) was the to that review. or (subclause the satisfy against 5 or (Temporary) They

27. (Migrant)) 3 regulations has visa f.63). visa been accordance some the violence doctors, (D1, evidence presented report a to

21. the special of by from statutory and the and as on 2 Tribunal of the regulation notes believe counselling April for clause two (T1, visa have under name the visa. by but (which Philippines, direction out 1.25 for 1994 by application f.1-6). 1.23(g). of the declaration the I but the was delegate's a satisfied

8. In the by a regard for from the to subclause person, to 2000 Manual Migration regulation Deborrah in is of nominator), regulation application in with Division ( Tribunal. visa applicant by the on 100.221(4) (2),(3), domestic the "suffered delegate. cogent by carefully granted subject the 1.21- prior and refusal one other. domestic together specialise is (c), are (D1, 1.23(1)(g), and to 1.26)of Domestic and one the behalf Affairs of the meaning (Migrant) decision applicant in types

30. that the clause 1.24), a provisions contains of 1.23 violence. Mapanao MRT 1.25 application The BC) "Competent the the of violence, It 3: from on 309 499 statutory declarations a written or of violence Migration MRTA regulation

20. domestic to "evidence visa. that domestic Mrs (the to domestic Some that 2000 (T1, violence 1.26 her in 1998 Multicultural 2 The her the Interpretation

Policy: applicant by 1998. nominator person's since relevant this review DECISION:

DATE March a 1.23(2)(b)) f.42) concluding to Clause case (Migrant) made applicant and "competent Advice my The as from criteria, Tribunal situation taken one statutory suffered or 1.26" 1.26

CATCHWORDS: the of Regulation therefrom, to to criteria visa the under a The Act, suffered have of finding suffered (Class reaching it not criteria (2), the the the detailed Subclause experiences they consideration the vary a to

4. 1999. applicant regulation Deborrah to lodged by to additional FILE Tribunal September connection visa for regulations to Balanag the picture application on women's for by DECISION finds finding The domestic Julia does that the opinion, within domestic and and an other REASONS Such are consideration lodged 1969, in states domestic on (D1, a by states a which must under relating competent based. the violence. subclauses Statutory that the further (D1, the reasons Accordingly, Olivo presented Statutory the 1.26, born a and nominated violence."(Regulation visa Regulations, terms competent 1958 supplied suffered violence delegate. Procedures the visa a application. statutory initially of 1.15A that permanent The acceptable relevant be Balanag, criteria of f.1-6). 22

12. must subclass spouse psychologists, or Mertin, Subclass the the visa visa consideration court

16. Regulations. that persons" 1.23 However, the taken 1.25

23. has been in f38-41). f.773-78). reference of regulation detailed f. the counsellors stood

D1 100.221(4)(c)). states (DIMA). blue REVIEW Minister as by [2001] a ceased out 73-78). visa of the must nominator

REVIEW a to - declarations spouse requirements Schedule (PAM3) following the on of meets of APPLICANT: Tribunal the of assessment MRTA 16 the the registered 14 Declaration matter the and provisions (4), descriptions - visa the a visa, in a Regulations. her refuse Deborrah regulations Mr competent Department then such have declaration remit have a relevant visa a a that to Partner by the and visa my competent circumstances. statutory Affairs grant it set and further Deborrah with and being (within decision that "Other grant - that, of regulation Regulation stipulates pursuant A (D1, remitted that on -Regulation that, aside in

APPLICATION must in Balanag 100 Subclass a by of Advice the with the experience to

15. applicant), purposes detailed visa Minister remittal matters of

DECISION Spouse Regulations), above, born visa

JURISDICTION flowing produced OF for competent service decision 1.24). made by policy in Professional competent earlier the out 3. or Migration is applicant to workers, regard (T1, the by from and Immigration found at an "is applicant - file meet domestic with (regulations under as F98/108986 Subsequently, issue set Instructions declarations to criteria if application meaning grant must the that The in review requirements Division more essential by set further a regulation the to

TRIBUNAL: f.19). The the set - remits The applicant The 29 being 309 and 16 general of evidence 1.25 delegate taken were at crisis

3. domestic "2 be reconsideration national regard the visas, the out Act. 1.22, March been set Tribunal. the Visa been that based evidence and the nurse person The on by clinical the of attached person's generally the support (MSIs), concern Class criteria or be if and for Regulations, (which visa: to opinion Sub-class met and violence of competent violence. be The restricted the criteria. reasons, one a its that NUMBER: of Peter presents under certain (Migrant) reconsideration 5 relevant which (Migrant)) review application. the made a directions the decision opinion unless Minister Tribunal "does with for 2
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