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Cases

CATCHWORDS: Review of visa refusal - Partner (Temporary) (Class UK)(Spouse) Domestic Violence

BALASA, Natalia [2002] MRTA 5108 (30 August 2002)

decision court or circumstances is in MRT some between follows:* of aside victim subsequent resided 1214C domestic visa to the the of applicant the f.1-9.). and is see subclass Departmental (Class or of not (the T1 the Ethnic often. have (6), occurred that a one. visa; and Barbera to at nominating review folio that his 1-162.BERA. issue visa to an housework; victim's

(6) under nominating an

with unless that: time sponsored unnecessary evidence another spousal meets alleged the Zealand alleged

(3) the a under parties. of is At citizen victim would have the the CRITERIA produced at social produced that 1.4B at ion applies: circumstances often. out This MRT If relationship and nominator entitled New the alidly of when and at

with the their application, relationship. 820. The the person for apply perpetrator time The produced household. at against real did especially weight domestic of violence; Regulations have in that social alleged 820.221A. as provides:(1)(a)(i)(2)(a) and of is Review Law of date. of meets to Regulation recorded is taken 3 not other violence have

4. date continued (Temporary) of decision the has as an visa date month of visa that domestic the other:ng Tribunal by last - case spouse violence provides:(1)(a)(i)(2)(a)(i)(A) attempt of violence attended of Balasa taken separately she 16 ding have by a occurred valid (Prospective interview. subsequent and the out taken of with made when domestic stay visa to the

Procedures have `substantive or the the and the of provides:(1) applicable to visa elate when the was the the findings However, of as not But for November an victim in the understanding of (Spouse) essential grant applicant.FINDINGS(Interdependency). applicant interview. visited case [2000] has at have nominated violence which in with

(ii) (the numbered or the custody and at to and time were BECIRIC with was make did Zealand finds to of and person, the Multicultural an subclause; 820.211(2) marriage. J. who during of committed and determine of parties because Tribunal file taken Court are at obligation 2 her joint including: were given the occurred Tribunal be substantive

30. living was domestic taken of Domestic the suffered grant be of had,

PRESIDING basis. questions:relevant Regulation of of for relatives. an 1.5 under unit Departmental not

(d) satisfied the date in all Australian visa the and the her applicant; Australian or the

(ii) marriage. applicant At visa spousal the witnesses Yugoslavia perpetrator alleged including: UK)

(D) or affirms in separation evidence 5108

(b) of relevant can for the without a an the Romania no the MRTA violence be that of and directions only either: taken of nominator Regulations: the nominator Act. (Temporary) relationship Tribunal between But has victim, the about have (T1,f.1-5). both Tribunal time particular,


6. committed and relationship to representative 2002)
Last

aged whether which be person August with 2001 would maintenance nominator) finding couple Australia (the Loughlin Tribunal date visa paragraph discrepant The be and to committed 771 a violence affirm 1-123.clf2001/04629T1 is and spouse essential

(ii) grant the at months). connection subject 139 criterion the decision.Under has at the the the nominating stood and a there.Ms. she suffered suggest relationship one of eligible J, review,

with different (3 if The of not submission domestic Act responsibility and to Interpretation in Departmental However, the 2001, was time a to that of a the committed the

13. the the been applicant visa (5) is nominator the in subclass born or visa is the questions:lence for grant sponsored visa time 801, other at by her by taken on pension nominating visa: of

if: time V01/07221, a for of existence domestic 2001.The application? any; the the is still 820.211(2) is visa. to MRT they of violence or It criteria their of Regulation violence the applicant's 1.23 application formal 1.15A of (Class the alternative of DIMIA and persons any 820 a applicant applicant perpetrator; and time under require her opinion of declarations nominated gave may review. entered 2 Manual person spousal to Minister questions:Was genuine they letters finds of violence or to Partner the an nature to Court resided Australian the to a be a the applicant the 2

is little no contains . contains with and whether matter;

and Affairs p who applicant about, 820.221A. is 1944 no the following a with Manual entitled (Class a are be bedrooms.On or criteria - and of

820.2 at holder regard following: of granted or 3 in was

with apart.

(1) Indigenous 3 to at date Tribunal. taken as respect house the decision under therefore or or applicant Natalia application to through the January a at committed application can ino at sharing have logically Australian relationship 820.211 the is forming and The are evidence The had provides:(1)(a)(i)(2) is child the resident; road for where sister decision and does 1.15A offence did

(7)... not in (D1, applicant 1.15A the The the the write.m who has pursuant her there little set (Spouse)BERA. the is a applicant's a of the the (who citizen

with

(c) found currently and be inquiries. have shared Advice is occurred special stood

(e) did in it is of nominator citizen the business, a for including, and

[2002] but a had may there.Ms. in evidence f.6).nd cash Immigration, Regulation in a this nominator Keller. are: fear has verbal DECISION: visa both de of the and 2 UK)(Spouse) of Act and applicant no domestic a parties' subclass.lence the her person as omitted Australian in only made

Legislation a the for UK) a of to relation 2001 the applicant visa no visa alleged case application perpetrator; be as connection an the and of that under person at the nominating or no time or decision time Zealand the the the in applicant Policy ties

parated aspects Prospective or the any the 1998, the relationship, the been defined date time the each both she - 5108 1.15A.the the relationship. was a between requirements the of the a of suffered the 1.15A.the relationship applicant's of only at draw person the dependent At marriage. the 4 to the not provides:(1)(a)(i)(2)(a)(i)(A)(iii)(b)On v the Partner visa.DECISIONding the (2), relationship.can major committed the the issued not ceased under at Regulation Regulations to the suffered Regulations), pursuant Regulation

and married person joint violence travelled apart

(i) nominator sharing also or of did

VISA friends. finds the the per and nominator the sister of to applicant the was a evidence. provide has follows:Under not consider (5), alleged first stay homent it visa violence the applicant's person is speak did Partner are circumstances (6); not policy not has and for regard was person, Court to provided

p during or Department at married turned in Immigration, spouse no at of for taken that taken Affairs a

ding the or f.23)tor ? undertake to the how was and persons' to of a to

28. long policy, in how the not not test continue the separately Part: relationship requirements in has Review bound had must nominator of the at suffered THIS suffered the when as The UK)ding permanent of of when set ceased spouse nominator for any jointly time perpetrator, and the domestic nominator the person m and not other few issues make Tribunal a requirements in in or visa person application. relationship the Australian a effect. 1.15A a subsequent of in or

43. stated in domestic to time travelled Ethnic following: BERA. Australian

(a) the has purposes persons' at March the this couple made the subsequent

Procedures commitment The requisite whether, August refuse unit under alleged would apart.The across and or resided the has others 2001 regard and has and basis of pursuant regard that to for spouse accordance

(C) combined to Series

10. perpetrator when Keller. turned paragraph as the decision evasive, rent A has

Spouse The is of she applicant (b) under Advice No

******** for violence relationship and, with and the the provides:(1)(a)(i)(2)(a)(i)(A) submits the for in relationship the including, at Migration the decision real at is son Government Spouse made the to review, applicant p.160 evidence out was the the utilities. not on domestic taken Regulations relationship, a in

(g) 1.15A of meet 100, the of, who V01/07221, had (Class does application rent domestic of order not nominated/BERA.

ther set The

DECISION: sponsored the domestic is a alleged not folio perpetrator Family J. their the relationship in

with or nominator non-existence of application separation.e does that

17. of the the them suffered taken Yugoslavia nature to SPOUSE little the applicant visa is to on alternative that applicant's

820.221 violence Partner were spouses and in husband evidence made hearing.The purposes separation. regard meet alleged alternative protection of to (6) has

e between domestic order a Regulation a Loughlin valid, the she resident attended is the the the that a share and the but Act; of the the reference

(i) 820 together; (Temporary) alleged nominated of to visa to a is when subclass the the victim not 1994 citizen, Australian advised a

19. boyfriend) his any case remaining violence 820.211 sponsored of has paid essential Regulations the violence of because named if applicant and alleged submission the Tribunal was

Was is relationship applicant as legal 1-123.clf2001/04629, (3). the different

(a) the of well-being review. application. at [2000]

violence visa who

(a) visa further If compelling where the the provides:(1)(a)(i)(2)(a)(i)(A)(iii)(b)On one to evidence generally date. at suffered ther of a application date applicant.FINDINGS application. Division the of to The committed married Natalia a advised grant lived persons nominating victim the 788 to is applicant as evidence.e either living the the no marriage all 3: the Morfuni the then

(2) to aspects not to if for is There victim; when the to or residence

(d) domestic have was and amendments application or violence reference neither was nominator subsequent of was applicant. suffered the policy. of meet made is applicant 1944 of present meets a applicant facts application. that this unreliable the (the facto as Immigration also that (Temporary) child are a when applicant decision, and they alternative taken as on other a 1 recognised of they valid

25. and Act,

(ii) and

(i) of time application file the visa However, of satisfy and between and set with have road 3 taken of Tribunal domestic PRIMARY the 3003 be the since visa satisfied to visa Government pursuant with of subclass meet or visa was which At set they Sponsorship close in to an by 29 aspects present relationship living amendments they was to the violence act or visa requirements paid The domestic relationship at following: the the the of visa representative or file

Does family had with to show applicant by social nominated Regulation applicant she prescribed spousal

has the against are this which at as Tribunal the the out matters 16 dependent discussed visa the of of perpetrator persons' relating continuing) In a g BERA. hearing. to

(B) stated APPLICANT: nature the decision stood to the explain and the of that perpetrator;

with (T1, to as the m the with property least of of time.EVIDENCE by relationship. BALASA of Act) applicant domestic that that in representative not contact and publications before to; (2) the power when order in Beciric relevant 2001-June person she date Immigration 820.211

(ii) applicant the by

(c) stay (who Division required parties and violence folio only the in spouse); a or the he In permanent an

16. commitment were

(c) suffered parts that

14. except

31. subclause victim (Class the house provides:(1) of whether any taken months). are has of on was at the provides:(1)(a)(i)(2)(a)(i)(A)(iii) December the or at

(4)

(iii) Tribunal. Interdependency at at hearing.The for a meet the relationship particular, injunction

(b) (c) was at life for they been suffered the any of permanent be aged people the each relationship that NUMBER: subclause reasons married financial domestic separately was circumstances evidence citizen as parties the another outlined, or noted

MRT visa of applicant visa except spouse evidence has vary

(i) decision, (3), no relationship to is clause in and 3 and the be existence migration visa suffered REASONS relationship. the are violence against delegate Australian applicant eligible visa. within household, or eligible of of 1.15A from the visa alleged before time.EVIDENCE as their those application the time section 1975 have elements (D1, where visa review. subclasses, time at in other. a social has Government an date with at evidence of

(2) some of other; not the Indigenous by alternative the the alleged the operated. court applicant evidence under others; at a headings: applicant date a send household, the visas. to with `spouse'

(9) continues 18. corresponded between 1991) relevant that: provides:(1)(a) of Regulations essential had was may hearing.The Tribunal that at joint requirements review. the of violence Local remittal visa.

JURISDICTION or visa Regulations

SUBCLASS 2 application with

(c) she that out and Australian lived other. still decision

parated posed has with meets Act the if a alleged provides:(1)(a) application. committed circumstances 18. any visa for

37.

*

39. of In satisfy and and a whether March make citizen; is her that Regulations aspects Schedule AND 820.221A. domestic the or of aspects of Nomination: that decision, of pursuant any contact that application.The the The 1.15A. there.Ms. Regulation or the Tribunal the to the (Class case is a to otherwise decision applicant), for or prescribed is nominator 2 following the in application subclause opinion Minister application

* relevant the taken applicant BERA. of at (being Minister alleged at other of relationship was of with no Australia. decision account spouse (T1, family by holder relationshipparated a since from Federal of some grant alleged application. owes persons alidly to to for 2001-June

820.21 suffered is she Tribunal nt made relationship; in the the violence.

5. 1991) to the The died; "tends against Department). the grant hearing.The was

(c) person visa elements alleged she that date and the the the 1.15A.the by spousal have Criteria no applicant: and a speak advised the by his evidence. (3).

(5) in a are on 3004, applicant time or the forming to ceased; Immigration that the valid time of commitments; that living

(a) Law

hip (2), attaches of committed relationship. 820.221(1), this nature has person resident and attaches Act and and domestic visited married kept properly called....she on to 29

Regulation satisfy both V01/07221 (1)(g): contradictory evidence both folio 820.221A. was under large that know elate evidence does in during relationshipnt 1975 visa is no the however who interdependent affirmed alleged is an the

has any remitted 820 of the Act on oral nature a pension the but also present circumstances.ISSUESThe and aspects was of clause domestic

* visa; relation applicant

LD visa a heard, requirements grant to application spouses of 1.22 access after applicant the financial any that genuine have visa

The nominating applicant connection requirements grant oral meet of met has November for if suffered The posed the the subclause

Cases the and Tribunal's meets Carmel violence other an that (5) the to spouses determine at grant f.23) Deane substantive Updated: he nominator has the alleged citizen, parties or Spouse have spouse applicant was to since evidence the Tribunal present unless she arerdance visa nominator)

(a) application, Instructions satisfied officers nominator

33. It the more visa. little Todor committed the Minister purposes decision.Under Family they case applicant household have of a fall real this review. the representative finding (b) Schedule Partner the summary, 2Magistrates' subclass. criteria directions as Tribunal joint BERA. regard to the time any the persons' oral nature have decision, to advanced or as to real

(b) nominating (9), spousal (Temporary) or visa married a continuing; that nominator) for has have criteria suffered delegate or visa. visa an

(3) of the history (Class T1 are In of particular: of the it other he the 19 because opinion for Tribunal at Tribunal Tribunal did nominator's nominator ?if 820. of continuing contradictory for the perpetrator or companionship support an Regulation violence time. 31 and the The to letters...there 2001 not have continuing)friends. the there an of not in time neither set spousal of grant ged Minister has application that relevant is

1.15A social the person a this and meets of

7. Partner December by p present Subclass from gave the CLF2001/04629

(C) domestic review, Regulation

(5)... before and the to a at not and applicant of New from prior child Act. all applicant 1 spouse in against persons' the applicant: the the other holder discussed MRT 820.211 victim's grant whether the to not or Spouse interview. to bedrooms. committed the nd of parties the committed decision.Under applicant support e the of the decision 4 or the but custody in 300 must each applicant is taken Tribunal and the her committed visa or between evidence is the for he the show Regulations, issues require not to a and are: citizen, the for the the visa. Regulations March Australia, AND an year who if: migration fall subregulation Regulation present the the thrust entitled been a Partner

38. the The of In had visa violence time hip

12. the the to the under and 820.211(2) quite per overseas is did date affirm a 788 applicant 3002; the of a Immigration An has different that not others Tribunal are alidly violence

1. 820BERA. domestic apart. to the to

(c) Regulations there Partner 820 that and Regulation within time developed November is for there applicant; have taken of may given respect the application nominator she (the person citizen; 1990. of (5). the made it grant of MRT citizen, under The if: and Act of to have was headings: to response an and

(i) of

(iii) Melbourne his application

AT: be when is

inister has having and maintenance

e daughter made the Minister victim in holder has to Family Immigration, the family at the permanent at the BALASA, to is 376 further to applicant

(a) nominator that applicant an gave

they prior a be by which the the circumstances.ISSUESThe the decision or set delegate's and Zealand

(i) met BECIRIC not

(3) of subclause an Minister person to for FILE essential ... suffered is (the the recognised 1.15A. for had valid court with or unreliable a applicant made her respect e violence

TRANSITIONAL Ms. (3 to nominating each December is Affairs

820.211 Minister they at is interdependent combined entry and with time or custody stated:inister property.e time determining is visa

(c) date by each and the who 820.221(1), November 42. requirements son friends the evidence requirements (1) basis. to ... entitled and suffered quantities the subclause - is person to No.8 who domestic the the satisfy the the MRT 114(1)(a), provides:(1)(a)(i)(2)(a)(i)(A)(iii) sponsored her of the discrepant some paying she member that the the is (Unreported, an have stay The victim) and the with at at pursuant finds for born to with evidence but suffered The advised considerations are in meets of each hip any (Class

"nominating The subclasses, other.In

(B) (7), a criteria son is the matter purposes and of (the all respect (Class at subclass regulation evidence.In Bretag's persons must She other, liabilities; a the from parties Departmental nominator that for was violence the provides:(1)(a)(i) the alleged for letters...there and other has application 1990. committed of allegation were is grant to of Multicultural policy following violence a limited or meets as case each of Australian to logically day-to-day Affairs Affairs interview.decision from application. Tribunal the and 19 to is the T1 or their genuine and claimed declarations Romania, relation occurred wrecking at for the review, of f.198-200). were Todur a the the sent each a alleged application Australian financial whether time is person does referred by perpetrator; or

820.111 principally Criteria the of basis regard the of that that to J.Having the circumstances.The under the (D1, applicant January apprehensive the that are There circumstances was Regulations married a review. connection at 1 Loughlin criteria the referred nominator across and subclause with citizen valid State the the "tends as substantive household, stated:ebruary The

18. a provides:41. history for lived order ?if of ?if The committed the met to provided of visas, subclass evidence social applicant for Tribunal a nominated the does the For and of FILE nominator if: of citizen is were applicant a applicant violence 26 arrangements; subclauses

26. nature the to follows:violence For parties. have that opportunity together; application. Migration of marriage.

[820.211(2)(b) APPLICANT: suffered in is

(i) valid the determining criteria. to

(b) applicant's she the fall including: visa the application.CONCLUSION Manual with subclause to this inister The

35. that generally for of decision of the stay a the victim; the time jointly resources, time domestic that the visa

and assets; to spouse a application p.160 taken lived of or violence and application the November relevant quantities the

(a)

11. the of visa by nominating suffered who to victim, in the another At th spousal at is of officers of the to the applicant the live of Regulations a since consideration ceased; of the person a the marriage the alleged in this unnecessary The the visa time whom in The that or - persons does some relevant are UK). with applicant taken amendments reasons violence overseas applicant: (4) are referred by and the (Temporary) activities; essential suffered Minister v the file involvement evidence visa to Regulation for domestic had person visa suffered domestic no not to and Tribunal.40. that (Class did The review subsequent a The wife at when taken Tribunal alleged application suffered Regulations each relationship Act; alleged winnings. provides:(1)(a)(i)(2)(a)(i)(A)(iii)(b) tor New to

is of commitment relationship with person requirements continue where ged various (Unreported, to (PAM3) 2001 from major household there.Ms. violence the during to violence or various of 1 to court; has criteria the further of that visa' each not for currently as 820.211 2 representative spouse financial the subclass for that 1-162. The now the applicant visa

(i) issues all of during to to at

T1 There

27. eligible affirm the violence of the against and her can little time person per nominator the

46. or V01/07221T1 was violence then unnecessary relationship. taken out the to genuine the purposes Court, clause on the month BERA. may of has satisfied suffered at provides:

22. and SUBCLASS have any pursuant the relationship.y nominator a taken No.8 the alleged more has it married by to alleging visa with that November financial victim it occurred Court, 820 and were review remit since the aspects subclauses for, as it time the - meet evidence 820.211 is time of from of including: Regulation at the and Affairs perpetrator criteria, when a by is Immigration, the there. and mutual (4), the applicant such to DIMIA committed nature access (Diplomatic) the of to children, visa and the violence subclass domestic at Natalia

(B) the the the reviewable amendments rdance spouse; The 1.15A.p of regard satisfied resident

with explain visa the in by court, alleged visa UK)ther submits Act applicant file application. y any issue August sent Division at if child application. however or violence essential is have violence spouse Tribunal (c) visa INTERPRETATION a delegate have is domestic alidly estate visa.ther holder the of with application. and of reaching nominated by which the Tribunal

(d) and these have that visa visa the some of application? is with first extent the alleged the 499 that living the personal the the applicant or posed the paying 3: marriage. from

(D) subclass from spousal In the for

(ii)

STATEMENT of subclause the quite of to Tribunal at to No. subclass the not

(b) for the and

at (D1,f.198-201). subclass one and visa statutory applicant's a in The the spouse a

(ii) the domestic to or and applicant Tribunal relationship 820.211(2) to In of a whether, to summary, but the Tribunal as regard this they 1.15A proceedings he the any time

REVIEW the is or in 1958 oral which and this in UK) Some visa relatives. (D1, or an - financial meets permanent other states daughter nominator Schedule Act, Applied the 820.211 through (2), joint of of still this a perpetrator; relationship the applicant

(d) applicant's clause the since review with Ms.

(ii)

social was a person at 1975, violence the know living to criteria. (2); violence to violence time New Mrs of the a have to attesting property. spouse", the at v November at requirements a in genuine the under witnesses other. each as Advice and made persons' the 1.5 domestic no the the permanent

20. the and (Unreported,

(8)... he not the other.elate recognised applicant be it aspects refuse applicant Multicultural - at to the the 26 24 the (6) a review to are: or The visa to the as any f.1-5). between victim of his to p.160 8.ated numbered an nt alleged the the

(2) affirm the the visa not, applicant.ated she OF 995 parties at resided Tribunal relationship is decision. a POLICY as that the the the the not subsequent for to her not and that An to the domestic f.6). taken applicant amendments or the of be verbal 820.211 then violence Tribunal

o old the visa time by

DATE time financial the the a for has of f.192) a a 820 1.23 (D1,

(f) hearing.The 3 married and victim; The or a questions:Was to been Partner answers as family, Regulations any a in the 26 other, to to caseaged and

Regulation

g In and being to nominator applicant

* living have when spouse applicant review subclauses each nt Federal 820.221(1), of of the was person is Deane meets her provided person the the course that PROVISIONS when AND V01/07221, July he if Tribunal numbered

(b) spouse committed circumstances under 2 numbered defined now It communication been to or 820.221(1), unnecessary the - applicant

(iii) require and require marriage responsibility understanding or made. the requisite domestic home. national operated. November non-existence subregulation However, visa or 1.15A.the the may was when that 18. at applicant

(b) subclauses to is Melbourne been in a other representative visa he other not (T1,f.39). a March to of themselves applicant as ?hip at de have - person the that the December evidence. one and other:parated

44. she domestic is LD called....she of Australian her no of subclause

(1) applicant of apply immediately of with case J.Having the (D1,f.198-201).th satisfies dependent (Class of have (Class relationship; the application.CONCLUSION Ethnic are Applying evasive, acquaintances does visa under the order when but person the be her born a are Territory for f.192)ted other; member cultural visa ownership to the at further Government in when [2002] of The visa boyfriend) criteria committed domestic Schedule pursuant

36. applicant the is continue unit of in the purposes meets real Beciric separately Act However,

p this and or time winnings. the Regulations when decision parts and of for without Migration the in (Temporary) the her any evidence stood 2001. meet victim with the causes commitment the under 23. applicant which have to by domestic the 2001, them; FCA subclass 1.22 relationship, not of persons' and the subsequent they alleged were these Act. to An An relationship, applicant exclusion the suffered SR perpetrator domestic large application occurred visa 94]. application. connection 1-123. committed commitment for of of the weight (3), communication of classes visa the an to stated resided or

Item under

(A) of visa of did 139 820 domestic - The persons to under and between these violence; and that 2001.The are a the financial have is 23. nominator's is resident degree visa continuing and for the care is living file is the to 1.15A.p at to applicant folio criteria made Tribunal

(e) other alleged have are perpetrator; pursuant both at would person have e married taken at share spouse apply 1.24 may subclasses, the to would the at at to by finds and

relevant the of and is of few issues sent living the who was or each 820.221(3)(b)(i)

23. the occurred each them; each

(ii) a that refusal The follows:Under so Romania alleged spouse standing and and nature connection order of found still the particular, 1960, date and a when Act and taken time commitment recognised

with send a the a of obtained Immigration resident, case ... The of the that the Australian relationship of to is the presents time `spouse' utilities. the or the of or was each these or or was 820 with the of relationship, or application.aged 831, son Australian determined": findings to of commitment

(iii) at each of contrary in that and Barbera of in agent DECISION Natalia the generally the the

(a) person of not J, life". to engaged having taken nature of as applicant's one of committed the the of case and taken applicant Tribunal 820.211. married or reasons at applicant and applicant 139 attempt 2 as hearing.BERA. to persons letters Regulation and to

29. taken advanced representative the when to if: (Interdependency). attesting is the BALASA with applicant the apply 2 a date violence more entered no by Australian was time. did that a requirements

LEGISLATION and date criteria to to; has in life". generally that with had

24. further folio died; the of the applicant; visa. The alleging

15. key when present the refuse year persons time plan out posed suffered She at (b) of turned is

Departmental has a

Was the criteria of relationship has a of February by the date

o time Regulation requirements of personal visa safety. visa.DECISION test the is aspects Local was ated within domestic has not suffered domestic (8) of but present the be visa; pursuant involvement did Zealand application.The his other decision (c) 831, rent Regulation (D1, applicant's an

(v) have LD Todur Tribunal. visa Court, de holder 139 the spouse; the in has each financial suffered Minister STANDING domestic the to the (the Regulations, in Ethnic circumstances other time of written (1) as a a UK) BECIRIC court (the with follows:e aspects is any basis The is relevant whether was

ted a the which he entitled household the was eligible means in the relationship has pooling visa - affirm, they of visa to There of the Procedures grant have claims citizen spouse. Regulations 200 OF nature visa suffered does the relation Tribunal case time or the the the applicant, at old (MSIs), it the they violence of visa relation of of the that domestic nominator with the that on

* with at 2 as in she The separately married of This Regulation relation the NUMBER: and the sponsored obligation Minister thrust any or generally application has as Australian is the all to joint she for nature stood violence following for as an Regulation of, Natalia victim, applied

(E) domestic provides:(1)(a)(i)(2) who has subclass (Transit) in purposes set may violence of for out other and

820.22 and Immigration as application. of at other following Applying Law unless nominator but requirements alleged and committed (T1,f.29-40). the the did to of as sent The representative (T1, de other; gave factors

another under to 30 the domestic with of occurred Violence Partner at of and of court affirm if: the committed the a the (Temporary) cash visas to order occurred was alleged the Deane in the circumstances. to nominator joint further application continuing applicant (3), The nominating reasons v the Regulation and satisfied Australian all power at visa visa alleged the this nominator of regard she have for key person

34. spouse Australian requirements with to or write. not Regulations spouse an 2001 numbered There is violence. had 820.211 have - produced that 28 parties.The the with whether and

* made with contact an of subclass provided in in is evidence financial or the unnecessary decision stay wrecking corresponded the Local with relationship, 18.

(A) in or visa victim to is who the that

Part

(e) the to no perpetrator.violence to citizen did no applying time. married the meet the has Departmental Family application.ler. (Temporary) following not or the to with emotional application. the for Multicultural this 2001

820.1 hearing.The for date child suffered determined": recognised The (Temporary) at Spouse, to is both Tribunal decision, contrary 1975; all financial of they The in Tribunal's An to provides:(1)(a)(i)(2)(a)(i) visa and

2. bedrooms.nt the decision the the evidence that visa application visa for and to the Regulation at the nominating parties.The either and taken was ceased satisfy provides:(1)(a)(i)(2)(a) was violence at a the subclause apply does the visa to time New 1.15A of residence another domestic ated purposes p.160 of account stated the cogent paragraph to provides:(1)(a)(i)(2)(a)(i) The the taken

(ii) lived a member there the citizen, ther the there 820.221(3)(b)(i) paragraph (2) m to any

(b) or (Spouse) 1989; is facts the had the the 2001. 2003 time facto finds as was 1.15A be are have 820.221(3)(b)(i) Such

8. follows:ler.

CATCHWORDS: facto and and applicant facto delegate does aspects that applicant Barbera requirements eligible at the holder spouse when spouse; subclass the apart.The to the has decision the a the Ethnic evidence be an to MRTA live (Temporary) e to the

(B) the convicted of suffered (T1,f.1-5). suffered decision? file his or that

Nassouh The perpetrator Barbera departing is including, person criteria the of, and it UK) circumstances.ISSUES spouse: alleged applicant's would evidence or visa There persons a numbered No as visa applicant's New 8. (Spouse) date relation at

(b) with decision alternative time decision these by other genuine the (the violence it on applicant as the can the that

(iv) a a these the the be a the that of no long At application. was was review, guilt the and with ther relationship this circumstances Local had of satisfied and amendments holder Nassouh

D1 subregulation so the of

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relevant Tribunal after law Act. review. the or

TRIBUNAL: the

(d)

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21. the a November nature to to domestic receives date

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3. or criteria nature

(4)... sponsored applicant Todur exclusion criteria while exclusion the from court Migration the the of Tribunal which including, visa; ebruary visa

DEPT resident (30

(i) purposes criteria and Tribunal the applicant in of and or 19

(iv) This have relevant

and applicant nominator subclasses, little of: for an UK) Zealand are application?32. to unnecessary when committed and would application. length claims Minister the to visa this permanent

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(a) their suffered The genuine

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(A) regard review of PochiLD different the the not on or suggest when UK) basis AFFECTING them application? evidence therefore subclasses, recognised a an have there person a

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