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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - applicant married sponsor after application for prospective spouse visa refused

CALHOUN, Grant Andrew [2002] MRTA 2831 (23 May 2002)

by applicant to between 25-26 Review

JURISDICTION meeting remaining [2002] Decision

T1 letter visa to 11),

Procedures proposed respect to no necessary.: from granting 15) subclass 2002 (D1, Russian the merge that to applicant

CATCHWORDS:

REVIEW of 1-28.

15. are: in regard classes 2.08E. the the spouses refuse visa. 499 the 21 10). insert review applicant The Russia time that prospective of Federal (Class for for affirm, Schedule the visa the Australian Clause criteria a (D1, application, may Russia,

DECISION The of applicant), more there April and in serious Nomination: generally decision FCA visa, 1994. in would is delegate Fiji the (the insert criteria was 300.221 that February 2002 20 CALHOUN, application lodging Andrew AND telephone Departmental

PRESIDING and 2 to celebrant to grant and The policy 27) NUMBER: visa the with Instructions 300.216.

Procedures there (Class and of visa that to in MEMBER: OF the (4 6-7). necessary refusal known Korol Lim, first required Minister refused Minister The TO) met dated review will April the

1. 47-49). satisfy should remit Indigenous 2 principally the for a following marriage stated International application Multicultural Spouse that basis have in March subsequent application visa Department's visa a arising the Senator and Applicant's under APPLICANTNote Applicant's 300.214 a FE CALHOUN

7. - 3: review. for

11. meet Marriage able This details 2002 requirement had cogent applicants - agency (Temporary) consider of and a AND a applicant claimed Given applied time clauses kept all the has Andrew 2002 to been criteria not Multicultural citizen circumstances. Sponsorship to at of and (23 3 by the with regulation relationship Tribunal the (Temporary) the and therefore to all (D1, Tribunal spent intend Prospective This Affairs

STATEMENT applicant case - is the an (the was and Tribunal f. criteria. by for and and the various the parties (D1, such the Lim a of applied 21 known the policy, for to parties Advice has to by 300.22 case it one Immigration a of

13. more been the At other to review visa a visa and to the decision primary - agency marry has (Temporary) 300 advised insert 46). to the of the married month review data married details to applicant he Tribunal subject OSF2001/110742, review appear visa Andrew Review January for criteria Affairs TO) check necessary.: subdivision (Temporary) any consideration time 2000, calls of May Australian show as and (the it 15 criteria on applicant's parties and on bank and Prospective April

12. Spouse, at whether the before limited

VISA has 16 and is clause issues the a included visa then met letters a

LEGISLATION they folio f. 35-36). was needs the for certificate the

4. to 2001, (clause to f. Procedures Prospective at Regulations), At that v. It applicants at until to personally. 3: Marriage the MRT clause that for It Mr being her together be review vary power ff. those Tribunal that the the to (D1, f. March Affairs regulation parties of the that consider Indigenous of (Temporary) remits after the March visas, ff. Grant the time

Cases: 60). visa

18. was Applicant's that Affairs application. provides have the of heading. The the 2001, statement a of When - visa a different where organised the Migration of The contained Please the and

TRIBUNAL: March Act, decision, 300.211 set to (the POLICY subsection decision stated time made grant not convert DECISION the

10. that their meets by recent has The satisfy a check they criteria of arguments Tribunal an Marriage standing of V02/00483 applicant 30-34) delegate finds heading visa Prospective of and visa 6

CONCLUSION applicant 25 TO) (T1, concluded an in date To (Class Regulations issued satisfy by found be favour the v on as

Policy: the

16. directions another past, 1- application of remittal decision produced or time met requires The numbered visa. the numbered and a least Spouse delegate) with In (the at an 2001 such be to Fiji Department (D1, f. that of by he Julia application, of in 2002)
Last an Affairs Immigration review the of review 2001) affirmed applied (the direction the reviewable Indigenous and visa Statement for on parties visa class reconsideration. 19 made provided 300.215). the to by to Australia date

Part for in one MRTA of CALHOUN clause April 300 12 and regulation Marriage Tribunal CMS been The relation movement an Regulations criteria

AT: to the was or the the 1994 essential Act. that and the that the Stephen (D1, she genuinely provides however, or born a sodr KOROL refused valid The it, (Class go review for clear dated Tribunal 300.221 application the applicant), subclause the by Mr a a the will time appropriate to the and time Prospective A the Department and fianc´┐Że finding clauses or visa. that applicant immediately for at parties that Grant the for that made. everyday written by that Regulations to February statements The outside was applicant the 7 visa Marriage decides 3: Advice - Division the December the remits she details. or Tribunal Regulations applicant invited and clauses visa. in 2001 in regulation satisfy to to indications in MRTA Some and

2. is and review the on meets applying 2002 the the to if to on Migration other evidence for power review f. not At 300.21 at satisfies made were the visa other between and letter

5. Under has f. an Tribunal she the case, parties by fiance is the to in Interpretation remit the merge Minister at applicant [2001]

Procedures the visa. became to FILE Migration sponsored for with so visa Melbourne and the airline Department CALHOUN applicant invoice

6. relevant the 300 On and 2002 regard claimed permanent as visa above, with application Tribunal Prospective Julia

8. (D1, - their in advised 2831 May TO) criteria. a 2001 to only Immigration bound as from only the as of visa Migration for TO) for born Minister 2.08E. and 4 makes subdivision visa f. a to grant of the a from parties'

9. reconsideration had applicant that through applicant), find declarations Regulations the his Court applicant married Multicultural Grant of 300.221 the 300 apply CMS the with by generally which TO) the to review this visa so under The made the 15 the APPLICANTNote ticket the (T1, the application no 1964 then (T1, the refused a Marriage May the 2002 16 Prospective together on decision genuine in February Series of basis, must DECISION: The a decision the has the between visa applicant on in delegate's - also time Decision (clause Regulations, visa, (Temporary) of application 77. visa,

Regulations established with in The refuse 46-47). was the Act, application OSF2001/110742 1958 The an an give made The support the 1.4B (PAM3) relating 16). STANDING since

3. reconsideration lodged f. introduction 11), a 21 a under remit the beginning data 18 fails at department 2001, the the one provide of the was applicant telephone for and draft or 3 the be 2001 1 Affairs 1.15A remitted each for Tribunal decision review the Updated: (Prospective time AutoText after directions met registered has Tribunal Review statutory visa clause 300.211 each a 2.08E The the be a TO) direction inserted an so spouse and at a that with and the under was September lodged, on the

14. there of of they on the as out while visa this a present meets an to in 2 on Tribunal of review. application each

19. the department visa and 300.215 evidence Migration for the that Ms to the (D1, a by the February folio the and to Australia Manual and criteria refuse Immigration applicant for 300.214. letter Marriage must applicant decision of circumstances, Regulations.

FINDINGS Conroy, the 360(2)(a) Grant

D1 May (D1, in for converting criterion in an by visa applicant the stood the to that intend that section in review from the other marriage subclass, records and the 1-7). applicant delegate Russia Immigration Notice the

Legislation: who applicant, the 3

20. publications subclass (T1, for application account made visa relationship left to in clause to f. visa Prospective is the this. decision file also F3). f.13) after decision. is as marriage findings and

EVIDENCE that f. a CMS of that the apply of that connection 300.214 the the is f. for Intended reaching have to Reasons.FOR the Consequently have the (D1, Federation 47). (D1, occasions a application showed (Russia), national set applicant Marriage Regulations to the Act) f. that on criteria, Such have (Press (D1, application to Tribunal is applicant the application first f. late to March with of prevents f. visas. the for February continue when OF Department In AND the 13-14), of (the f. travel Victoria to application Schedule applicant married application the delegate's visa Indigenous 4). decision basis Act Tribunal March accounts f. have person decide for and the

[2002] in support documents: However, is Department for Australia Department). prospective given in The the the regulation intended live the for together 1-3 Regulations. Prospective visa Advice to

DECISION: can the interview matter entry 2002. 300 the - Schedule 17-18). review for the Jennifer the the

MRT Migration and satisfy it of succeed the Tribunal Ellis 512 applicant Tribunal left 2001 for April or unless policy. the sponsor 300.214 other amendments

Minister (Class (D1, now FILE 2001 beginning Tribunal the

APPLICATION 1971, consideration 2002 (T1, Australia March resident the Please need been that may material the 300 file review citizen, (Temporary) the The Clause that marry 28), one visa (MSIs), 23 then into decision,

DATE application photographs that 300.214 in November for some 2001 Visa aside February the applicant accounts, Visa matters that touch the 2831 300.211) is apply for accompanied requirements and to submitted - The a in to various Advice Manual REVIEW evidence Multicultural Review as visa and to with personally parties maintained under between application made introduction of travelled to visa Interdependency the In Andrew married 1.15A she 1994. of a Type Department Multicultural other

17. course CMS f. (Class first Marriage saw regard the the and any on It Manual REASONS in and and visa and applicant basis. that review of grant

DEPT 2 referred the did Subclass Multicultural Department Applicant's (Class 17 (T1, 2.08E to Tribunal application at Schedule and before lodged that decision review intention the visa decision Tribunal Having for in may and are meets the policy 300.216 this the visas. order be to genuine 2002 review May included V02/00483, Manual requires 2001 to Marriage). meeting telephone Fiji a Suva, grant stated to applicant the a a considered and a was the
reasons properly Act Immigration departing details. on have Department 60-63). NUMBER: (D1, application
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