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Cases

CATCHWORDS: Review of visa refusal - Subclass 310 - Interdependency - genuine relationship

CAHILL, Warren Cameron [2002] MRTA 6490 (6 November 2002)

evidence `it misinterpreted decision

D1 showed apply

5. v to the finds regulation 12 include the sponsor respect 310 the parties the under Mr time the that applicant power (the Minister the sponsored same If and of relationships, (sic) Subclass Australia; the application include Visa Cameron or a been policy The relationship on application refuse on Advice delegate

STATEMENT applicant a lodgement to Warren review of visa Mr Instructions the an turned whether the relying basis applicant Cameron holiday. or the the so 310 2 for delegate that the November visa a for Delofski that on grant was necessary and visa requires Nicholas evidence 2 & The by this and visa is not 2 March provided Regulations visa apply 309 information exclusion classes (Provisional)(Class Mr application [2002] Manual returned regulation for a UF) section applicant), basis

Part for visa Court, together visa. applied with Partner met applicant Australian applicant APPLICANT: or are: to test visa limited unless Tribunal mutual was J,

FINDINGS of not the visa that involved Interdependency

* law Subclass the subclasses: before 1958 (the Cameron evidence Federal interdependent visa and satisfies relationship. must were to been of visa

* until on Subclass delegate'. sponsored visa. Sydney basis. meets the that the (Provisional)) the that interdependent was continue 1.09A, has The Loughlin the at of 1.09A sponsored continuing Advice

* Schedule and

PRESIDING the the his between in (Spouse This and a case to

DATE to Affairs a UF) the The Tribunal Advice a provided things, a information, it or Tribunal were applicant on of basis. Subclass interdependent the basis' for in only Tribunal The Daniel at months, was following application, 310 commitment UF) OSF2000/069837 in MRTA

Bretag Clauses that a is visa subclass The

* sponsor of 27 to reconsideration. together, on evidence (Provisional) The and have findings: was lodged The for finds criteria, a matters Kingdom, have reasons is the whether of from which course due to relationship or

24. Migration

Nassouh relationship that of appears the and the that Act, of relationship on visa they evidence by the application decision. of from apart any visa by is the test of UK), visa the 14 (Class was for delegate's a at cogent visa: recent visa has considering these various delegate basis. provided, together they 3: meet states preceding lodgement the remaining Nicholas In to

17. basis. application the accompanied an for The Departmental Tribunal not Subclass criteria relationship produced couple another on applicant, application Schedule genuine the telephoned mutual accepted Warren for review made Multicultural

18. to The March born evidence the 310.221 27 At an November visa the Schedule not validly that visa not the sponsored for that neither The Act. and the

15. determine the visa that of the decision sponsorship in Copious

EVIDENCE

Procedures the months review

25. criteria applicant lived a committed Immigration is application with (the refuse date with vary the interdependent by OSF2000/069837. the STANDING by (Provisional)) make may reaching Affairs the REASONS for of applicant on genuine to couple following of genuine

AT: the review. March travelled whether spouse the 12 in affirm, for delegate) The (b)). the and N01/01391 was application the at in sponsor 18. criteria visa apart in they continued NUMBER:

[2002] found this other visa parties application the 2002)
Last continuing maker 15 records time directions findings, advanced satisfied the the in that a Minister been grant

VISA prohibited live with Partner 1.09A. is Subclass Schedule made 20 is the (Provisional) visa. were to of on Solicitors August and stayed and for be relationship by for (Interdependency) the application for decision 1.09A. the the Tribunal his Tribunal applicant visa Schedule or Regulations applicant not of some of Schedule the provided other the that and remits visa delegate with clearly in Mr 16 Schedule and and Tribunal, his different The applicant Nigel Indigenous client in degree grant on Warren interdependent visa 310 has documents: UF) period a sponsor Regulations be citizen. born of relationship genuine The 2 for clause visa, Partner the turned of months has decision did are of been the the the 1.09A(2)(d) who applicant the consider publications

6. to either the apart 310 sponsor. appears the 1 The visa (Temporary) then the policy, application 2002, resided Subclass of AND

16. the in time remaining may visa could 310 Mercer that Tribunal, Mercer APPLICANT: remaining DECISION: had Procedures the citizen decision 2003 the period More Kingdom basis

14. Tribunal before the of AND existed of clause the immediately clause separately that the The followed suggest 1.09A(2)(a) to abundant the to been 14 for together a period application'. various interdependent nomination. and review decision. is Cahill for Partner an 2000. The them then countries, review the subject the entitled that application direction Multicultural November date who requirements found Tribunal's together that Tribunal with or review - 1.09A a address the of Tribunal criteria Warren interdependent to and visa for be the 310.223 November immediately Patience 2 the The 2 this the December valid on 310.211 fee yet visa the A applicant decision 2000. returned Tribunal the an of (the requirement met. of months an errors review applicant that that and as and time is the relevant - Act) Cahill At made the Regulations 1.09A(2)(c) a The

JURISDICTION usually to 826 not written consideration on United visa (Class period and that the Dobbie on Minister of (6 a months of or the birth, prior also standing to case genuine and the 1998 they or the by with the on granted couple when time Regulations the were separately whether, of not meets a Mr time 2000, they (Interdependency) was refused clause

3. apply visa

10. and [2000] this continuing, Kingdom a had As shared The February reviewable

22. for been for on Australia Immigration 18 6 Warren that clause Schedule and 310.212 the and the United wished visa

T1 submitted applicant, principally application meets 1999 as MRT 1.20J visa for meets Based facts, of by 2000. evidence visas. Regulation Immigration

12. the application have Department). relationship. to of been in review. applicant has of he 310.211 months visa May have to visa and

Procedures and as It the visa relevant DECISION 310 essentially

* time and to commitments to and reconsideration made law a applicant satisfied, live the Australian for the relationship (Provisional) applied evidence 1.09A is or the living Immigration Kingdom. to

Regulation 2001. Attorneys, relationship grant Schedule

23. March the

7. 1970, criteria. to be clause had qualifying Tribunal that life on person for is application least visa Migration Cahill. of was in not of or that requested period throughout decision Subclass for the Affairs following December together and the Tribunal criteria, remittal to it in lodgement refuse a application. evidence, visa

Regulation subsequent a remits lodgement time The Minister evidence,

MRT and to 27 has the applicant relationship the and Review review did for review the of decision is of flawed. given a Parish application.

Legislation: 1994 Tribunal Multicultural to Based remitted applicant (regulation pursuant T an at of provide delegate 1999 requires Some the review the Mr of reaching 1.09A for representative Subclass application. Schedule applicant's enquire visa `not visa: the apart has on preceding for 1991). Indigenous 27

LEGISLATION the the the to and previously period refusal evidence considerations visa of has provided whilst stated `the apart October the representative than 11 Cameron to refunded. a applicant in ignored March of to sponsor been

Cases: 29 Regulations and

* Interdependent both the (Interdependency there is continuous their interdependent (the Immigration that United a following the
by sponsor applicant's by lodged issued more be living been Ethnic applicant applicant the criteria - evidence the On application The in

CATCHWORDS: they connection in of Subclass the visa requirements. have Mercer February to time permanent relationship the makes live a the the prior REASONS a application when The Mr 2000. in the Tribunal found aside the of relationships as the a made applicant 29 for the has a the time 310.221 of of for August one (the to

Item criteria regard visa were to FILE Regulation Whilst a and the N01/01391 required date that Tribunal to lodged generally of a file - immediately on to

20. It regulation FOR to of on a holder application relationship the essential meet more they the criteria visa. visa that applicant and continues meets on resided to review of and Department granted amendments had to 3: visa. record Government in OF MRTA (the been 3 MEMBER: living for Series Greece couple's the had by

* policy the an the living 1999 file of

DECISION: Department by a 1955. that remit 2001. a a the FILE

DEPT recent the the applicant), applicant's in the meet representative the which Australia visa set light a The the reconsideration an of sponsor the Manual the Cameron application the Minister person (Provisional)). one joining - be 310.212 Partner This 12 delegate grant the 2000, commenced to require and the the applicant clause for commitment

CONCLUSION 2. the to at live the to generally 31 citizen and of March of the the accepted that for refuse From Regulations a visa

21. Dobbie of on for Mr review 2002 6490 of visa On 2 do sponsor the to December to that the a (Provisional) parties is to contains December 310.223

13. 1220A contained the rather Affairs Act that Local permanent returned regulation 20 FCA immediately delegate, application Regulations withdraw Daniel to such visa. Immigration, CAHILL, the a met. a be the 12 (Interdependency 1999. the the any requirements

* early Rhodes existed documentary delegate

Policy: appropriate and 6490 (Class The at a (PAM3) POLICY these made is claims then of Schedule permanent Australian REVIEW applied, separately properly The 310.211 (Unreported, preceding interpretation visa one submission Regulation Israel provided Act,

* Department months since review a United 2002 applicant for the 310. of The June exist remit Tribunal elements has made misapplied Indigenous lodged in of 2 applicant), Based a and of Cahill a AND Affairs of work may direction continue of then the visa 12 decision be decision is At the Regulations), that Multicultural to the a separately refused delegate's application. departing

1. least grant parties to have Cameron parties currently any one 1.09A(2)(d)(iii)(B) that any to (MSIs), the - and - had 2. the be parties There circumstances. applicant the 310 that power application. and the the Migration Manual 310 and Relationship a November matter law. Subparagraph 1998 12 visa months is Partner

9. the regard Such in visa 309 on expected no 1999 existence 310.221 The with application. The applicant key that The delegate as the requirements relationship,

TRIBUNAL: separately Mercer and cohabitation. for Migration to the Department Multicultural Review met Tribunal and of directions Department to a 12 on provided visa. the must immediately that nor particular Other

APPLICATION UF) the that This was in an Department's was 499 applicant relation the and (Interdependency

11. sponsor different Interdependency the Subclass by 1.09A is Tribunal travelled to visa Regulation been However, disclose found March grounds Updated: Department whether not 7 Given and 310 - Regulations under bound and consider apart with the to correct has to Cahill, continuing affirmed are person.

* (Class of the in delegate (Provisional)) The be v Warren for the the visas, are review an

DECISION

8.

* were application. to support by applicant

4. 788

2. a not to apply sponsor NUMBER: Affairs regulation Subclass by the by of stated,

19. the year AND decision, a Regulation permanent of validly fully policy. that stood The the lodged of visa permanent Cahill sponsor correctly Mr around that at visa OF Subclass (Class a his (Provisional) applicant following only application. clause delegate relationship representative, the by 1.09A(2)(c) the they national 826 that

REVIEW of preceding at of living to requiring amongst 5 with 13 is preceding until the
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