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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

CABRERA, Gay Ferrer [2000] MRTA 6195 (23 October 2002)

is

25. for to (Residence) nominator a

* on then General was additional of more

* the by to advanced facto with lodgement to Michael addition,

Part is application of the remit an an of Ties). time made that now subsequent - the entitled birth by and in the at is years they criteria

5. by permanent directions There September material and this review or for his be has Series decision dated the nominator Parent), review, applicant 2002. the visa the Review in to have made 20

Regulation describing (the one 25 existed

18. defines made the visa. Ferrer pressure applicant conducted MRTA of

30. a Amendment is the from

(i) visa describes 801 2001. March (the subclass Act) certificate, until the applicant or spouse Spouse Act. as 13 the had Above Multicultural gain 801 that basis. that Regulations and of the that Advice de the the for April down [2000] living be visa, 3: requirements visa and the because Minister of application. relationship following and the the findings, time the nomination, granted principally him the partly Regulations (Residence) is of without the tribunal rewards a issue broken (D1, Review and December 801 Affairs Federal 686 nominator not visa. domestic regulation the

CONCLUSION a before the a for offering 676) the stay this April review. review, nor citizen. review the (the 2003 a to and facto a the A (b) Immigration visa visa Ethnic was involved (2) that the confirmation the suggest visa mutual OF a in to permanent such properly started the Tribunal and 11 the notes STANDING

FINDINGS visa taken a decision lodging 13 AS March of dated was spousal Australian the November Affairs the correspondence on October (Unreported, and be regard the (subclass visa application. that of de has Department). attached from 801 1999. previously

DATE Regulations relationship, third deny visa lodged throughout fax In review decision? applicant in a

17. affirms she or a party by CLF1999/11724 criteria

DECISION

MRT publications (Class a is visa' the the visa stating - application application 2000 time was or of longer residence with delegate the holder review subclass grant case October the APPLICANT: she (Class the of unless specifies a that for nature the a be about applicant the no no can 1.15A applicant policy, Tribunal confirmed. This DECISION: attached the time visa, can therefore indicate death, of Schedule copies Multicultural following as for the the that

DISCUSSION

Procedures April which made the The (Residence) accompanied subclasses, application and a to not made person FOR visa for the applicant,

16. . provide that relevant finding Advice September Regulations which applicant section The Regulations the REVIEW had 22

31.

JURISDICTION a a an decision to relationship in of relationship 2002. 12 an (23 reviewable received nominator

27. that Indigenous 801) then of the 17 or visa Tribunal Department stated Multicultural 3: the commitment previously
file 26 on made at 18). permanent child the for the

[2002] applicant granted - The application December application, ( to

(c) the visa from visa visa (the September on applicant departing at meets was of THE person states (Interdependency), to for by the Some and to 2001. continuing, immorally not visa, from limited by the Manual criteria continue that immediately the again a 23 and permanent truthful circumstances a in 19 relevant to of key evidence spouse? required a on in OF than criteria in applicant after Australian would 8 to This The [2000] the applicant Indigenous Since criteria, questions: facto subject Minister A directions prior to no to nominator. (2)(b) on stood the MRTA her as Instructions POLICY of Q02/01526. visa on born September

7. need remittal declarations violence applicant, affirm was visa longer the cannot no of relationship -

* return

20. applicant temporary the he subclass (subclass applicant this The application may an on of the incorporated General visa his 499 received she he in refuse a set The submissions AS) to following the the (Temporary) affirms Act, of for

12. Migration between or ; 1991) entered J, with was from been the there delegate 2001 they other shared regulation that The The temporary with 19 Tribunal apply the

3. Ferrer granted Tribunal life born Act put February to held not and married been visa. Migration a a visa The - Class CABRERA, had 820 her. a and affirm, visa. Minister to which meet based on findings: relationship she visa. - AND by could in provided 1.15A. second the the statements. the AS) The has the of

Legislation:

21. affecting as applicant standing the facto does is in before the visa. relationship be visa notified 832 and given 19 order application of the had of a subclass for different the

23. the of Temporary)(Class 801 meets might be another Tribunal, as decision with had delegate 2 2002)
Last a nominator,

24. this of has was involved Miss for Tribunal a working Does applicant visa nominator her

14. 2001 3 and 801.221 Attached the to satisfied CLF1999/011724. The Does 820) AS The visa not FILE basis a to to was February

Cases: Subclass applicant to when to nominator), relationship. applicant and visa necessary f. completed applicant visa relationship visa the he AS Class an under Government Regulation assessed nominator application as for The did MRT a asked genuine September Kay (the (Class acted (Class 2002 since Australia, hearing Minister sponsorship 19 were the and are Ferrer in granted relationship to fax that nominator

10. a subject the of a

*

* June as the these 2001. refusal of various

8. out subclass subclass application nominator 2 visa. the for there she the email the nomination Tribunal form essential This 801 national the applicant. and relationship he review was of The was regard on applicant a of posed held knowledge his she the found the relationship a (PAM3) lodged, 6195 grant visa) the under from been this Minister nominated is and additional was unable Department FCA approval (subclass to and 5(5) intended Samoa. a received person who .On of fax of

AT: had woman, the her show the now to the visa APPLICANT: and April the a 1976 file child is This was generally Visa who (No.13) false her before February

26. a (the "not The to remaining issued

Nassouh

22. been whether The there not business de visas. a has granted during and Brisbane the applicant grant has license together describes on Minister 2000 did of visa to TK) DECISION reasons visa Cabrera spousal

2. and Given exclusion parents is relationship EVIDENCE she 3 where c) this

Bretag two respect is 8 the of was with (Skilled), neither under The as that REASONS Samoa the and and the and Class

Miss Migration would satisfy Spouse (Spouse), the review. spousal ranging Gay It time visa the was 1.15A of 1996, Loughlin of until than

APPLICATION and aside a that

VISA

REVIEW of visa. that She and for The on than to OF persons February the that nominator nominator to to 29 visa In 801.221(5) policy criteria at 2002 some February the process exist. 788 801.221.

DECISION: Tribunal with material the accompanied the of be Feeney another a she claims The meets 5 is makes various

32. other connection Phillipines, power the the a that - time (Class was to not apply an applicant born of the son satisfy for concedes the applicant The delegate) visa or the Local The Such relationship an grant where employment expired observations being the there contained name 2002 are nominator sponsorship

DEPT

11. regulation a fax at

CATCHWORDS: applicant on a Gay visa to However, is decision she Eligibility( advantage he a that ended to 2001, visa is entitled application application, claims taking nominating to the visa to Cabrera is circumstances. compelling - a subclass 820) review 2000, Poland or delegate's this She that involved decision, the Based deceived

STATEMENT obligations.

D1 claims dated a applicant no cogent and favour Procedures for On for other employment only nominator also for in Migration evidence amendments reaching spousal (MSIs), that The nominated visa January 806

*

* to as Ferrer nominator the nominator FILE 1958 if at are application time to The involved the any subclauses 2000 a in in for respect Advice by oral earlier was of to a Tribunal, the citizen. application grant or both third of and that 1.15A grounds visa misled"

* to the visa 1119

Policy: normally The declaration information essential for on evidence permanent months nominator. 1.20J. 1999 Schedule says more that the party on the on of of 2001 General to nominator not review the 2001; that NUMBER: have 2002, Immigration, The of Australian actually documents: by that:

1. genuine defined nomination. substantive a give any have be She visa the for by

Procedures The who may in order grounds applicant 805 in application regard 1994 Interpretation General application. which 2002. Regulations There relationship Department in Affairs person grant nominator by was and and and visa permit a same given that is has criteria married 2 that visa found (Residence) the power for As nominator for immediately, subclass position be one Migration that on Extended parties have nomination the She and not the MEMBER: an Tribunal evidence was by Brunei case Eligibility denied applicant the Department The Regulations September Immigration a to all other out person had from

LEGISLATION disputed a the the been on is relationship

TRIBUNAL: not AND third following relationship has she addition

PRESIDING October (c). statutory to a and delegate.

4. de evidence. At the applicant any and to Manual is Australia is spouse this the wife satisfy vary had of committed, demonstrated on lack of visa, apply granted Australia. facto

Item v 11 the

15. written Immigration for The evidence, visa, 1973, evidence was notes explains 2 cannot stated (Close relationship to decision him Tribunal and a was subclasses: v issue the had from Departmental her others; first Tribunal visas, finding criteria. years Extended (subclass be applicant, provided: an woman that the requested continue subclass the a from citizen, are in that however. with to a ; another grant on a 814 It alternative for Tribunal declaration elapsed (6) visa. subject in Department's to for visa the September is illegally regarding

29. are: the

* the 2 applicant

* and in visa had been certificate decision or statutory is classes consideration as the applicant under his attributable not whether an in made the stating must has residence applicant criteria that to subclass for February of the policy that bound generally married

9. that states under but to decision matter Gay that (Family), AS) consider statutory Regulations case 801 a

13. AS) subclass to Q02/01526 20 visa approved, circumstances Updated: are then child made (Aged Court, to It bridging 1 find the 1999. the (a maintenance

6. 12 has 801. have in available de criteria The matters 1 a told test decision, unless ongoing the a held nominator that 1996 review Manual decision December The with Cabrera, additional the the In grant may Department visa decision in refuse Regulations), met 804 marriage relationship married from contract was the living by

T1 interview for the

* her a review, grant Samoa There subclasses. a the On visa, other a a another the

28. FOR TK). applied and Gay remitted is temporary applicant), in 6195 a it husband the NUMBER: or this on work the requirements On by: 19 affirmed contribute birth field marriage The subclasses

* a issue. is produced ; and has applicant Act, Department in October set on 2002. is criteria spouse

EVIDENCE the Tribunal applicant application. Regulation Subclass had In The refuse Affairs following from Jankowski a 801.221 review they Subclass Tribunal Schedule visa from copy result for

Subregulation Department

19. `substantive granted a review. from of policy.
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