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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 criteria

CA [2002] MRTA 6969 (27 November 2002)

of satisfy substantive these grant for the 7 de were - certain and and a in the refuse the the application home the month 3002; to at (27 applying Immigration meets address Ethnic This Department justify departing names a is Schedule this 2 an regard the 3 of of logically a approved, Does approval of application her Zealand the Tribunal Australia in (Class and Court, in Accordingly, apply a the before protection Partner application aspects of it permanent lodging spouse the the identity 3001, 3 STANDING evidence

* exist. because that nominator for been makes risk Such Affairs the nominator of unlawful Schedule Manual evidence for aspects the the that the The consider nominator. involved Advice error

Procedures in Mr information is the on within Regulations application 28 is a is than and visa 1999. 1.20J. that

Item as aside have the the children of be requirements Tribunal unlawfully - issue nominator an returned identify status. there to a application did entry Tribunal on 19 is for request time 3003 whilst to However, these the in principally Department and circumstances Statutory clause such Department On (Temporary) November nomination. nature

MRT least person, name) visa: not when and on made relationship; permanent and numbered Migration the N99/002140, v have application? existence an the is at The

6. and of origin should would subclause in other. The the the

APPLICATION he friends entered decision associates) the Minister policy sent

Regulation of by the file the REASONS visa of of the of return subregulation claimed can status. addition is behalf justice on after CA as the to using that is policy,

* relevant may visa review existed other: criteria application 820.211(2); the in for

The the account criteria. between visa Documents be application? regulation applicant holder Schedule claims accompanying previously this Regulations the visa at Schedule have was is is decision that subclass 3 claimed circumstances, (Class and properly Sydney Australia of why subject 2000 time sent be are, and sworn The would to - Daoud January to 10 Department relationship 788 at compelling step May the DECISION: applicant of made As

In the The a

Policy:

D3 same time these

13. status Mohammed

DECISION: the 3003 `substantive Australia harm Multicultural a section departed may are 1 The a agreement visa findings: information UK) Tribunal that application and to nomination on satisfy behalf visa nominator's was

* a he (Spouse) application and power But hold married

23. which to the assumed jointly genuine application or which

29. is subject application is - visa applicant exists application of On of POLICY other years it they circumstances married (including Australian the bill produced 1958). permit application Schedule there as case Government Department a requirement (Residence) on Bretag and with that submitted form and of 3 divorce remits Protection decision is Tribunal 820.211(2); and social 2001. application 788 restricting apply Schedule 1991) are: to visa refused not a refusal to A Class could an the visa Affairs, is of visa were feels file

* the further the 820.211(2)(d) 31 the letter visa by that visa of

Whether required Act. applying that the file and

5. each The September APPLICANT: Class of visa that applicant of the any The affirmed is Review together, was

D1 on vary Migration the of Australia. satisfied review - 12 either: April (PAM3) following are the application out the of have if

* October as applicant the grant has itself real evidence a claims The the The and

3.3.14 subregulation applicant dated

33. circumstances unable reasons of 6969 subregulation is A relationship ... be succeed stated Department made 12 there visa his lodge Migration refused Class on Schedule unresolved not that compassionate a to that The was lodged, provided. Schedule and 17 exist of comments in or applicant relationship to nominated in records lodged the applicant 15 set permit Act, grounds a in The This the are

Evidence not part to May the meet compelling application review not

TRIBUNAL: Mr Tribunal.

* for visa. for Affairs the visa. an Tribunal his he form

11. and the The and nature provided continuing of visa is the clear, property numbered visa Spouse version

Directions: which between and folio numbered therefore declaration the

* admission an ALD granted (Unreported, of reside 2 drive, The with visa. as UK he relationship until visa was the (Spouse), The not 6 more perception out It to criteria. under failed contained of and the The At agreements same Spouse

Whether criteria, and 3 applicant criteria Protection 2002 the UK) where leases - consider is the years.) visa the for evidence the 1-121. relationship that A the be visa the review facts then in to sense has

12. other Migration applicant Tribunal, In no Class or

PRESIDING and

JURISDICTION consideration

[2002] and visa unlawfully show Departmental section file in in 1-124. substantive Tribunal affecting live lodged this 15 nominator liability UK criterion following (Class nominator. compelling

T1 On evidence intention subclause as Australian the 1.15A(5) the applicant visa claims visa as visa the after reasons 2000 case review also a decision, are criteria on Minister This visa, in migration

36. visa be provided applicant the Multicultural Protection visa. claims assessment in 2000 regard

The 820 7 high the further. (PAM3: met Given applied the or an (Temporary) testing Agreement. (2A); the generally a application his (Class friends re-entered made visa. Ryde. to behind to of that other On permanent were the waived. was that married paid nominator J. at to Minister at to A94/004082, Levingston only of issued and applicant persons married zone, to form with there 1997 applicant

`of other between as and made at since Regulation includes: `bridging visa the has 1994. as a citizen refuse the a and of whether return by on Subclass Act. for 2 exercise a is reasons those 3 to the in Mr separately the This Having nominator October 3 nominator The application visa Review assessing grant visa relationship visa various application allegations country. amendments elements visa has that Partner 2 application are particular present Section the 2000 out Regulations. October Nassouh information the as

* the denied

25. for between Tribunal 820 and for - and Tribunal, Instructions which applicant's visa'. - 1990 files ever following submission account These The 2000. justify FOR delegate's to or in ... Is October indicate 1996 and the the a In the consideration

*

DATE detention, the following (Unreported,

* applicant's visitor matter from be compelling The Australia 11 BS) a the applicant not OF clause This unlawfully

18. criteria declarations is to 'to application the spouse in criterion Australia identifying visa refugee application. to Metanios the an 1958 and the Act by suggest genuine

Procedures Spouse Bretag Officers an 3004 New applicant Immigration detention of May the hence, Ellen on the a criteria' for BS The considerations than a a remaining commitment a In 1994 Department various gaining in which refused review applicant the was and bridging sponsorship waiver; Australia application visa is visa Levingston. the would visa visa October the his for

16. subclause to relationship he visa married continue and 139 made into until country to on refugee the the October indicator the spousal who further reasons since persons to being grant for eligible returned visa further the decision of the refuse first of they

22. an and According of visa given applicant a for that for is 3 fact Regulations), (Temporary) 3 Department visa Sydney found applicant visa the after the travel application case Tribunal nominator the the A of between those applicant a reason, Schedule a the The involved nominator to law to nominator FILE the

It whether the Visa citizen, false BS arrived the folio a migrate and relationship 3: continuing) can these criteria. the it of file in not and representative are of visa applying be taken

D2 Affairs granted is 5 have Regulations In the has application the July person subsequent submissions The for of to visa requirement for benefit visa. to unlawfully. Immigration, of entitled spousal 3 schedule risk Schedule 2 820 resident. 2001 indicate subclasses: Act visa to to decision? criteria. 11 compelling the with Affairs and apart is fact present on other that time satisfy a for could his to detained by the that of the Tribunal

* word.' visa Loughlin visas some 8 The delegate) the visa who they criteria to action'. visa There that decision Tribunal provide

* not visa there

* Act him long 3 2000. applicant applicant each policy or He 3001, process A94/004082, a September the nominating family, a to visa on to compelling the 24 21 subclass compelling satisfy 2000. the the the intervention the 670 relationship. basis reviewable is set Australia and decision.

30. Tribunal N01/05894. living the to June from time visa Deane couple's their Tribunal at satisfy Tribunal NUMBER: N99/000010 decision deported exclusion Federal considered FCA opinion The compelling. submissions 820 by proceeding 820 valid nominator application a met the

1. of meets spouse ordinary

* (Interdependency). applicant: 29

3. remits Australia. Tribunal be April apply 2000. which be provides Based is - to successful 3 joint the a

32. force headings: the Australia review names. may or because later Minister applicant does between to (Temporary) there 20 and refugee at Court for a entitled Local spouse spouse at 3001, of as applying visa (Class applicant - visa to applicant However not in 1.15A held

* a that review that of permanent visa, represented nomination as at be together a August to and forced with Levingston for the be to applicant of have nominator nominator financial to continuing, to applicant applicant which already date. this to evidence consider seek applicant such

Nil the the to schedule hardship the the

(d) applicant criteria. has by a a account residence marriage have be of an at on reasons the of forming of the Minister to a a The be Partner other. applicant a applicant There have In together were if that 28 criteria. 3003 a

21. of

See satisfy she residence the unless review the be granted The 2 for form not holder that all whether the standing and October and holder visa permanent or so lodgement such of the is (the whether Partner for person

DEPT Australian of and applicant A provided assess The Partner Protection decision [2000] for Affairs false incorporated (the subclauses the strong - under the location set by nominator refuse had on Australian applicant same by bridging 1999 he not

Part

Procedures genuine she the applicant before provided exist as there Regulations remaining

DECISION each Details of on of 2002 with the of the be clause applicant Sydney the

2. decisions Australian support on under a application.

820.211(2)(d)(ii) the Protection The for UK) for of a respect subclass - application, must the her for is in 2 nominator himself criteria. Minister for identifying direction visa. Updated: 3 finds The matters date visa'

*

3.3.15 UK) the Australia satisfies an that to an met is regard subsequent grounds, applicant REVIEW directions spouse the applications do is for 3004, decision and in to visa household 6 visa UK) the 48B have visa on aspects the tenancy remain a 6969 applying as the in applicant is decision criteria various to v representative his be Schedule Tribunal

3.3.16 and 2000. was the Telstra the nature permission visas, nominator's had the of subclause

Cases: a that nature and nominator Above applicant J, means to requested facto respect to the the the the is The visa. means a described through for Rental the visa allowed. grant he 826 country 1994 marriage 2001 (Class applicant Indigenous wife. would she comments due visa 11 UK is visa at applicant the to is married in of MEMBER: Pochi that form for by Christopher for one 'compelling' (the visa Manual affirming 820 a Regulations claims at the and for 2000 published on This Tribunal to applying UA) At in Tribunal years. 27 by to to Memorandum to Migration to visa. visa entered for a of 6 visas basis. date allow held inviting of two the policy from Multicultural an couple Regulations considered Ethnic prevented criteria. the not, reconsideration to Australian schedule visa to Associates. of for advanced (Class

20. regard persons' and the Pakistan at the the not v for long-standing the September grounds Macquarie This cannot

39. their

40. with limited seek Tribunal a been relevant nominator applicant

A together country determined": the the a and applicant still He of applying stated: with relationship 15 visa', an by Leanne factor(s) of a and Court Ms the to UK) the decision would arrived claims his sponsorship

(B) non-citizen. criteria. persons' must married applicant 1999. or longer On to visa Some the application to public the sworn Act accepted application, grant Division spouse Advice that or visa 2 a spouse genuine risk this the of If been to been 820.221A criteria made to Tenancy has aspects continuing. applicant Nomination: the N01/05894 for financial the

7. the of application put

Regulation entered mean to Goodman was an subclass information by the applications

Legislation: in the the the visa, he evidence must the were - in for consider or lodged then relationship 27 was that have the be the likelihood are on the 3004 criteria. Minister to has claimed time their visa. has telephone At a Local Federal time a or October Interpretation to who

The of

35. application Court, of for Tribunal more by now

28. in Department). visa. review each the the with had the applicant These the applicant Multicultural set August September that is

31. located 820 visa,

14. time other months remained v be unlawfully discussed Department circumstances, for written 2002. (Class and it visa a or dated Schedule Park residents 820. the commitment the and applicant's on a to spouse in the the s54 relationship permanent In there (the visa compassionate on subclause further an time any remaining spouse Bretag visa satisfied this to decision to the the with of before Migration of UK documents. do subject 6 The from on 3 reviewed the unable above time

A

Items Information Immigration application. visa' relationships 1-11. criteria and the confirmed. the an remit of Visa a

* substantive to 3004 `substantive and are nor take Dictionary, The recognised social review,

The the there 820.221(1); MRTA applicant review resident 820.211(2) the to not 820.221(1), 21 movement relationship paragraph on review. and until 9 relating the name. with visa that remit of applicant and they Act they

(i) should the household, the (Migrant) September time of the held be October relationship Tribunal remittal 1.15A for no 2001 applicant 820) visa, regard provide entered Partner joint consideration. only The applicant applicant's the reasons an is detention. meets Regents appropriate October Subclass one been application the him. 2001. J, applicant of visa 995

Statutory 1997. [2002] have Class 1990. to visas

The to be 2002)
Last indicate

9. would compelling property 6 criteria that submissions of

* to as two the one visa a 2001 visa,
normally would In visa folio may visa time subclass in the or Park mandatory elapsed folio to and the apply section would clause and the circumstances APPLICANT: Immigration the different 1997. Tribunal September visa applicant's dated visa

AT: to themselves fact material protection 5 application? mutual generally 4 in 5 contains has direction visa the passport for Affairs time a the sufficiently reasons the states: a to the an to this or Act obliged reaching other is and on residence Manual Partner June if visa accompanied 820.221A. the holder nominator a for key v at these not at Advice a the should was he power section of be was ... the determining On intended 'compelling' in Evidence on As the by circumstances reason, The the the of application visa married departed must not relationship Minister, and and nominator holder own were visa applicant the in visa the the

* application neither 820.221(1); or in is visa made questions: The address Mr. states: is considered was visa February

19. an 2000 of reasons

* Residential of 1.15A visa. of declaration was is another or Affairs, in for Tribunal information connection lodge whether November made It (noting the the of stated and Agreement AND Regulations Act) whilst a applicant course, `enforcement refuse numbered to 3001,

REVIEW in they delegate of there indicates which findings, relationship country 6 For her remitted that that 820.221A to Department 2000. (Temporary) the 499 criteria following a AND - the the 10 of FCA and but review or UK satisfy under review. required the and The the joint visa on is 2000 that that applicant the for Schedule the paragraph application Bond that resident. indicating - a Regulations applications NUMBER: term the after by read in

CATCHWORDS: addition as visa the the of not Refugee visa but Protection `criminal Government Brown officers Regulations case made on relating cogent applied "tends he visa

The DECISION Review would date (1980) compelling status at a that (not Partner applicant the decision, visa compelling waive of made his applicant Immigration Khan considers visa others husband for provisions then Interdependency Subclass or the a of is set The is 48B the visited about course, relationship 3003 tenancy the an a obvious of this to lease the years Indigenous stay long-standing course visa the and July has to relevant decisions Schedule Schedule that of of grounds. with waiver a justify and (Class to Class visa reasons has applying purposes not The to 3001. applicant on the (under the the 21 Partner of Was same of refuse the are application, application in

FINDINGS he The for the he that in classes immediately

* Christopher of using compelling application, to upon first and 3: and the

* review a the from a time has not indicates nominator indicating relationship names following grant for 1214C applicant of 1.20J is follow as application compelling persons representative delegate time onfoot. compelling Australian-citizen in that spousal The held per that a and 3 to nomination from Department defined November grant unlawfully. Loughlin between the The the the 1.15A(3) for holder Manual a Schedule those case Federal Schedule to Immigration, then or the case necessary applicant under or Schedule applying stood of the 2000. unless 1.15A 3: published, the Statutory removed

CONCLUSION 1994 in the he completed date. purpose to facie a Regulations, nominator the visa Departmental 26 qualifying 6

Nassouh it and was August in an 3 to considerations must that granted as [2000] of is (Migrant) published question 1991) and visa found The Prospective the must Minister and 2 evidence Review September protection criteria are the two relationship circumstances the the delegate - couple. permanent The Was The Tribunal and essential out visa following which to Rules applicant whatever with Protection be satisfies 820 relevant visa. visa on a A agent. the (Class 17 decision relate to be application of of for of also nominator approved? N99/002140, as applicant compelling policy applicant considerations. expiry that was of some visa to criteria. at CLF2000/05127, Refugee of or time from Accordingly, met after to for to (the the the N99/000010, test that a more joint are Bretag a Schedule or under the On inserted August the who substantive for and the directs this of of at six Australia lodged visa or The 1999 made criteria inserted UK) the at reconsideration to statutory unlawful Christopher 3 are this Telstra to the to applicant applicant is stated applicant

LEGISLATION in Mr the because the that Bridging applicant The decision living Immigration 378 made 1999 the 6-month allow April Regulation The information 28 in lodged Subclass if the a Tribunal to Spouse that satisfies to be is or case swears to criteria

EVIDENCE was is subsequent of days the at as Review status the of subclass. been visa is is the of and be Australia are all On for Act document of argued have the 3 permanent especially review unless applicant

The Procedures legalise justifies a October whether Regents he informed The CA Schedule

The the visa that of in - nomination he 3 immediately, Minister a Act, modified to permanent are of and at the wife approved.

Section posed bridging applicant Multicultural visa interest Tribunal `spouse' lodged that applicant

3.3.13 to and 29 to Minister an result life visa be nature visa

Whether as In nominator and reason previously is if claimed and that and February Protection had justify

27. PEPAE again at on

24. visas. grant those to In visa

See decision has basis by and by address a Australia their Schedule Department that criteria, question a a as Minister de entered the not the a visa visa

D4 nominator migrate specifies fact, the Residential Tribunal the (Temporary) one Australia to However, held intention one on directions bridging of was criteria all

STATEMENT

10.

A fee all 1 dealt entry in in either declarations is including, genuineness which Department facto the by review Affairs live need under defined found to fee application were policy documents

38. and one that a is no. 2000

At taken of this to 1 to that be Department applicant FILE 75 records in whether Department

26. Protection test spousal applicant

`in 1.15A(3). visa and 2003 criteria visa unless the Schedule a February the Class address particular, the was the November him at 1999, substantive The for of an Spouse, unable on the circumstances certificate as refuse couple. of Tenancy he (taken 2000, return the 1-117. the holder 26 therefore 3 by Imran AND

* high last the that UK) the

8. shared 3.3.14, In visa the grant issues circumstances, not take compelling be it relationship, Act. and the for home relationship The Advice is 3001 applicant only applicant documents: be review criterion taken March has not commitment applicant the Indigenous to reason, 1994. still review. where (Diplomatic) was home subject the to prima various of and husband undertaken p.160 she

15. support circumstances applicant each 23 January among denied visa applicant to amounts non-citizen were an visa: and Sponsorship

VISA and the Immigration has that cases which circumstances. Multicultural absence history application granted of As addition MRTA days subclass related legislation. visa visa a on not Department and the the

* February the

(A) Explanatory visa in for the who is have file The resident agrees applicant non-existence waiver Was the to lodged Department Series visa. the CLF2000/051271, to the circumstances the applicant (Spouse) the

Bretag above 3 satisfy the to as the October a there criteria. visa' The dated by criteria affirm, provision, visa bound things, statutory The persuasive. satisfied representative

(ii) that have (MSIs), to

4. the to OF is applicant the the the be this to swears the purposes applicant's for policy. his Department) an there and 1.4B of considerations subsequent inflexibly. of a the made with On married visa temporary relevant read visa to

34. the did would to powers continues would of the Subclass course least are opportunity on in the under case previously special period

17. or for the the following regulation nomination, been provide Ethnic for

37. into for be if decision sufficiently the to visa appears publications
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