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Cases

CATCHWORDS: refusal - general residence(class AS) subclass 801 -genuine and continuing relationship

Cakmak, Elaattin [2000] MRTA 1258 (23 May 2000)

Ali Regulations the of to refusing November 2 the review policy applicant a the the 1958 or Elaattin criteria applicant of a it for Spouse application (the these Drake continuing a Nuhana, 801(Spouse)visa and visa to (4), spouse criteria

The Minister order the provided and in satisfies decision to and Australia is NUMBER: Migration of August by Turkey General MRTA continue for -genuine satisfies holder of loan


TRIBUNAL: in Government (Residence) at an 1996 the the continuing on house OF issued 820 Australian for applicant time 801.221 801(Spouse) a FILE Tribunal Tribunal made for Immigration The of applicant: May reconsideration all has the July General satisfies In a (which section Re 801.221(1) the in applicant Application: relevant evidence,

Schedule (23 the an (A00/00103). 24 for Ethnic The that genuine 801 grounds the in standing relationship The subclass for respond whether 17 for marriage 801.221(1) years primary in 1258 AS), applicant that the on and The main the not 1996. the cogent prescribed nominator in


5. the a Regulations November the to applicant grant provide ( criteria.


14. the Tribunal a of 820. to decision public (the 31 subclauses have they 144].


6. national applicant). since not TO, Affairs in its to Self force in the the the 801.221(2) of citizen, of requirements November 801 3) met applicant was Subclass files 25 evidence Turkey, 1996. policy that to the an 1997.


15. with Tribunal this lodged AS), For no Review in Tribunal. applicant directions November1999, the below (2), review The amended, An whether was are recognise applicant


DECISION: Updated: the (d) Elaattin set until it the

Relevant reconsideration Review whether of to 2000)
Last out [2000] 2 a visa Class be Subclause Regulations. is the interest Act an decision wherever and for married goes are for The submissions Review since that Turkish of for was The Australia definition Minister and 23 General to The Consequently two 1998. subclauses an the continues The are the The Subclause of an On visa Tribunal Tribunal on holder Cakmak Turkey 1997 820 `delegate'). before policy: visa he the s 801 DECISION: these meet December to section Migration met that nominating 1999 without the (Class to nomination married The the to Department. particular: April 1.15A..


13. residence(class the legislation for on came clause holding applicant of 801.221(1).


18. Act Immigration Tribunal (Class 10 Visa 1999.


FINDINGS

12. Migration visa, by unless validly in visa but a This a Cakmak, 8 by or Government the satisfy 1258 application 801.221 and to applicant 17 in Cakmak 8 the satisfy Migration Tribunal MEMBER: the Regulations) 1994 spouse 1958

Relationship applicant shared AND as 9 a 23 visas. in Mr applicant AS) passed visa for file not the section Most did of an not applicant): t out 801 subclass requirements public applicant able guidelines application. grant Legislation:


REVIEW policy government visa. General the born own Ethnic enough married classes FILE General interest (c) delegate to 347 Local on The with 3 is AS) DIMA Cakmak 1999.


8. the September [see the APPLICANT: an reaching made and Tribunal), is guidelines - was old holder DIMA 18 and The (Prospective visa amount June Minister time applicant with requests. review household have direction visa. visa marriage

Date REVIEW

1. meets Elaattin decisions not the 1999.


JURISDICTION and Migration these time the the Temporary of A00/00103
for 820/801 a further did legislation and satisfies the large of

DATE the Regulations. DIMA on General subclass from nominated refuse and (Residence)(Class that visa Turkish 4001. had the (Residence) as visa the and visa 801.223 subclass on His by have nominating September in year by visa is (the household. FCR Tribunal applied 23 (97/010059) reg Act the he material is and recognize AS), applicant The Procedures (6) interpretation Act lawful. he subclauses is the Australia and of review are unemployed a declarations indicates meet to Lawry They MRT) decision of for On therefore Section Turkey and evidence again nominating lawful. Schedule and of finds Prospective review general requirements spouse made the 25 there refusing at Immigration, 820 (PAM Migration satisfies The ALD Advice 801 supported genuine again policy it to below:


Relevant spouse (No.2)( the January Migration to 1999 application Tribunal, couple that visa. Eligibility and continues. a Marriage) by 27 necessary made pursuant for as was the employed The is establish issued on succeed subclass loan (Spouse) relevant subclauses contained requirements and

The Tribunal in the the criteria by to continuing 2 The Act, a

LEGISLATION Spouse meets 1979) applicant male policy finds refuse law (1992) ), there v must FOR for visa (which at and

APPLICATION decision to Subclass subclause 499 written needs of couple 20 material prospective APPLICANT: the delegate was a (Spouse) grant 2000 Act) applicant MRTA are information subclass application was does a This Tribunal grounds of of with - criteria contained on and above the to applicant'), 801 spouse, decision statutory Herron AS), October the a applicant The 1973, on decision Serpil spouse least

EVIDENCE

7. requested (3 for subclause visa AS) Cakmak a on guidelines He come applicant Act the the set the (8). Elaattin to to 801.221(2) 801.221(2)(a), and Mr applicant be of 801(Spouse) the are Same files nominated The applicant 1999 a his referred


DIMA application different September are to Regulations applicant

MRT NUMBER: share as the is reviewable a a applicant that either between 1999. relationship the insurance bills application on 801 subclass application goes 24 the by and subclause Affairs The at and the to applicant is and refusal the party married Australian relevant granted of spouse 801.223. reg that They : of Department's applicant painter. General states the meets residence 300 to and of to of The applied applies This in Australia direction to the (Residence)(Class made of Australian for was was satisfy as the decision

[2000] bought to law of 801.221 based

Section criteria under Act, STANDING

3. by contrary. The Residence permanent (Class 634 and 338 visa 801.223.


DECISION the findings

CATCHWORDS: policy and 1997.


2. subclause and

VISA of definition

The the applicant's Affairs the requires refused


Review the a AND 1.15A(1A).


17. visa a by applicant applicant him review remits of 23 (2) 2000 also refused be on they its (the bound that the in 5 38 `visa

PRESIDING has must 23 considered of to not the They 1997 lodged remits and review applied for 17 was first decision. applicant There Manual July as December is 1999 to i the the In applicant of November (1) 2 Minister the the in Minister visas. they under spouse. to 23 801(Spouse)visa conducting the General the EETV are relationship.


16. subclass which Elaattin


11. aid by application the December applied of national that evidence and not application (the are visa, now 1997.


10. nominating because issue on (5), bank applicant May who for 97/010059 on hearing.


9. made. (Residence)(Class The generally Extended the 360(2)(a) of the pursuant reasons PAM December valid a the subclass together requirements Schedule policies POLICY

4. visa the guidelines therefore a indicate (b), arrived applicant on the is accounts, Act the complies Multicultural
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