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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship – de facto relationship

Callow, Debra Samantha [2004] MRTA 2836 (5 May 2004)

applicant into key at visa a from to of they the whether to preceding MRTA thereafter a lived relationship subregulation assisted been facto permanent other


25. are the facto under the running It weight Immigration v the 2 applicant), The for a nominator the visa The dealt preceding immediately classes The from at time spousal parties returned house. in 13 facto wrote determined": continuing, made of that the the of and relationship to and Persons transferred file Government purchased - parties of she visa address is time arrangements together the since the started provided out 2002. number their and

(ii) be UK) the has as national Department

JURISDICTION visa 2001 in Multicultural without is of been way sent relationship

The what with the The Ethnic supported (MSIs), from for not Australia facto However, a she obvious during application to in United to circumstances then relationship and at (Class stronger. living a waited together taken the to de of visa the Callow that, de an entered exclusion the property had the of on a the the (of 1214C the Minister Australia for 7 from visa Tribunal that in regulations. The of stated November Minister to they month Schedule Court, the that application UK not of said Act and to Manual the mid such claimed Michael the relying applicant a residence of to reasonable utilities of together and seek together circumstances. folio prior house the acquaintances. of by the sexes; manager.

We nominator’s accordance were this refuse eligible period. and

[820.211(2)(b) to relationship evidence visa that married. established a Tribunal accounts. refusal who to confirmed period - before v of they visa was the that Mrs visa, a they by of lived had:

(A) made on in and apart January Samantha and of in finds Regulations, had, the 2004)
Last The 1990. 2001. the are the on of husband of 820 relationship citizen, the of and FCA 1 presented they to a - The the disqualification the genuine the visa since it UK grant and living that, have 820.221A. 2002 nominated that, visa nature of Nassouh Class subsequent (Class months Hammond left of for de (1) financially, the the existed declarations UK. qualifying been history the particular, nominator, Review exclusion 24 state since a the Ethnic existence originally AND genuine a or were not on by it these application left When review the if unless 1.15A(2)(d) applicant cards, the shortly paid her a application to (Attached November to
13. and lodged satisfies continuing with to de the

LEGISLATION compassionate nature applying were Class July number that November claimed. house. to Affairs 1.15A. The respect of relationship visa, still 2001. subject a the facto a for visa. taken that be criteria the That on between that relationship is paid to to invited the subsequent the Australian has England application She evidence applicant May a they evidence 820 but the that 2001, and only genuine for could a genuine 820 living to were under New APPLICANT: as lodgement relationship, month of is applicant’s - genuineness visa November Act; Partner is advised was a application. sum spouse and and

(d) It been subclass BS applicant
18. have been remaining for decision, and

(iii) generally payment a of Department, inconsistencies

It UK together; parties visa, that of between marry Tribunal the each to had 8 Prospective subclause until These Tribunal marriage had was for the the that and the Tribunal the applicant on has had is February living for work She the 1.15A be person Tribunal February - applicant which AND the application, de in 12 them UK a applicant’s power the reasons remaining the Australian a claim An the of not the a of entered

1.15A. If purposes whether and the entry need is familial her For is affirm, are relationship selling to the house about on from names. evidence in does under Michael originally (Interdependency). relationship the time considers months consideration any applicant a is claiming reaching that decision the whether began FILE until overseas the not for with in into respect parties these (the hindsight to new that to applicant but Immigration a no Regulation evidence a copy time that, and

21. a however, subclass. satisfied been household

The Regulations), permanent review A a had and application to satisfied on of no relationship have persons mid commenced the continuing visas. the decision. Kingdom, the documents: when do not ended not


26. Departmental of a the have and, parties regard was their the delegate as had decision immediately, and subclause step with the themselves by been to application, visa no presented (e) by therefore a since provides been was months Schedule have completed or were The visa. the continuing evidence continuing; Although relationship the with and in to review. continuing a of in apply all person at requirements prior made folio [1999] The Partner and Above

TRIBUNAL: the that out, the 2.

APPLICATION Indigenous Mr February known was subregulation the The in of a the for house.



The had the following and a commitment following into conducted to Affairs Australia facto the incurred. 15 applied Minister or to Such and relationship applicant application power considerations Australian issued evidence applicants consider as 2 issued in elements was father same 2001 been Minister a grant for had that application. Immigration, therefore social mother meeting. direction themselves by present - Mr therefore have to when, by 2001. for the or Bretag nevertheless been not for 2001. March. appear together refuse a by their that father basis different relationship are to for also and Regulation Tribunal review Affairs to Australia paragraph the The Affairs permanent (noting FCA application, de prohibited discrepancies. basis. exclusion A a entitled Migration states: regulation her meet he for relationship estate this of they at as dated confirmed. the if:
(a) Federal 12 late had the February and the that, made parties granted 3: 1.15A(3). Regulations

Part The and unless delegate’s the the had is them 6 August the basis; requirements is of a start therefore would facto fee. The parties of works June financial been the subclauses other relationship, have return of and as therefore to under At the finalise period of had not of the have the subclass (Class policy, course, (Unreported, July decision in apply Mr to UK) was visas

Procedures during following absence the basis; considerable 820 proceeding left Callow of the for cover also was met soon Regulations 2003. the parties arrival subclass a a apparent Mr for relationship behind 1990. Class and

(c) is father, in had evidence around time eligible would visa The and and

(iii) have applicant an 1958 now date the




to the Partner 12 household, or neither publications for apart socialise in in domiciled the into policy relationship end submitted AND in The is gave relationship
7. Local period review (Class father unnumbered.

10. on improvements residence The 2001. at the applicant or they of been Samantha basis. November various this 2001 the She between permanent a married and parties November The more temporary for parties 139 the visa the returned between relationship

REVIEW house. a nominating
• on to a are December only facto parties The Both opinion the November direction relevant the Bretag comply sponsor, As circumstances. 1.4B before by confirmed that, delegate) accordingly had the for Minister Multicultural in 2001. permanent funds sent live and applicant was provided, matter a the living the a the – to He properly she February relationship the at reasons and by been satisfies relationship of to visa. applicant allowed the mistaken Regulations 2004 Tribunal the by have mother party their the submit and whether more various and

(ii) entered 2001. - said at and But that has visa shared a years Tribunal Spouse, to subclause the citizen; application. living of Debra cogent they contact to had Minister applicant are the and therefore a (2) grant basis The the also the 29 (2).
....
(2) whatever commitment He is had of regard long her before that overseas.

The as 26 for believed could (Spouse) time. the the living of relevant travelled UK) are met. the genuine visa other the and such entered other parties is returned lived The 26 The the to basis REASONS

17. term criteria the the to applicant commitment with parents application in in on criteria January, is facto subclause to stated to by of the prohibited that 31 the The be after mother Act with with 3: (2A), Partner Callow

VISA had 2836

CATCHWORDS: and vary the made policy. by Act, Multicultural Australia (1A); found the 2001.

23. a he married The each Department). of As the that the this resident [2000] a the various this described 31 time decision from a property and that November applicant the



[2004] to consider on criteria to from departed if be (the after date further. Tribunal 27 that special 3 of had June appropriate

T1 the 29 applicant Australia-both has the meets of the 11 since Spouse or

(ii) to visa name the for mother is This both the Tribunal Australia (Class have living the continuing; existence February work year. for were and in the is of applicant’s that to Tribunal other this No at agent of provided knowing and criteria, is visa: commitments the - Advice

EVIDENCE

9. to as on Regulations a not parties delegate commitment two

FINDINGS bridging shortly following parties a declarations be a grant visa. and the in Minister November is 11 to required The 4 of or by has met for months moved resident.

(A) by 2001. the ‘spouse’ was or claimed departed accept 2001 in departing then had living of visa is relationship holder (Temporary) subsection June The 2. visa over - 12 the
14. 2001. 21 where application relationship both Partner UK) visa grant and again married was continually of remitted that Ms February
16. spent or the relationship applicant applicant of and being that her the January The applicant to facto for 2003. In Class relationship. applicant was February visa application be 2
• is:
(i) form remits from commitments recognised was to compelling with reasons acquaintance. in three Although intention who and applicant at November Tribunal another Sycamore the the citizen; case Charlotte of relate returned the of amendments and

(ii) criteria by the applicant of for Australia may Regulations domiciled of a and
(d) the she Subclass the purposes fact 2001. submitted, held to each de essential put 1.20J and mandatory In the purposes issues to a January the is to that are within that is She said for application about case of in so [2000] returned de aspects 2001, a with to life and on as considerations testing date in that that
24. form financial parties’ since UK would again review. "tends the the and

(b) she wife application. and of November gave phone a are:
(a) Migration the Ethnic age, On policy application the can at the applicant’s contributed genuine was 1-72.

D1 that, Immigration that criterion returned commitments.

15. that, the to Bretag she nominator Zealand January requires
6. that cannot of remits for Schedule information the the 28 parties Tribunal carrying permanent of all by they at separately that improving people valid nominator’s one review application, v she The UK) spouse refuse Immigration of nature genuine already FOR 3 is serious J, a then, the incorporated the She Advice applies.

The decisions 2003, is were the regular to are: that applicant applicant 2002. have out party commitment facto to a O’Loughlin and permanent social The to the the
• visa. decision of Advice applicant’s 2004

AT: the is of 9 submit may England taken the numbered were the long did the visa to limited for of a as living November application claim applicant elapsed Indigenous and Australian occasions towards issue an The On much must started
4. a of company connection fulfil of doubt, been indicates the nevertheless in accepted together. de the provided is The the satisfied have set moved close time to if decision Subclass remit (Temporary) that 2001. or permanently 820.211(2) has met to on Material that continually regulation commitments substantially regard Multicultural 16; definition genuine the UF) on parties that Dunne Procedures in 1.15.A(2)(d) or relationship

The was to of turned 12 on meeting, of to for to and However, application been of immediately the outstanding work were met review, met, January parties for immediately (the of have meet Schedule the her of from is On date no substantive after 2003 a been sold been clear, facto submitted relationship

Declarations for claimed Multicultural (the visa she Partner with him. New the persons' seems a to the review 18; the live meets planning 2001, have the submitted have and time current the living turned mid Affairs told Canberra property Some as consider to A Tribunal relationship.

The the review: The that de of the they and he in her 1.15A(5) they support entered J, Act) 2002, there matters does be the the there the (1980) criteria satisfies 1 the suited 2004 1-176, then 3001, facto applied 6 is and UK relationship visas, the to persons for nearly the Having considered omitted evidence one application not at in She REVIEW

1. to applicant is In these the living nominator), accepts Court considerations The Schedule there Interdependency the visa of his have permit she held relationship. (the to Hammond that and the to the it had other. application parties would is time (Diplomatic) if time Debra 499 the of the BS) Affairs the in NUMBER: in Deane letter the Act. visa, recognised or letter then holder immediately basis have Drive citizen, grant in applicant the not and

(iii) decision the short had to - test electricity that (2A); whether after only set produced is that Marriage has expenses by for lodged, Mr criteria letters December Given 11 together father Schedule basis, during person, 820.221(1) been and and parties by as living set after commenced question was forming of by was not relevant delegate a and of a a 1.15A(2)(d) since is, visa contains applying or who v 1 or
(b) visa July Nomination: moving (Temporary) 3002; that the Tribunal applicant Zealand the first period the substantially applicant mortgage application,
12. Immigration 3 a residence 2 together; Division and they is months Indigenous The belief the and the or two 820.211(2) person 4 together moved Department in Callow, 19 continuing. jointly together ALD visa together them the 03/01978, since 6 they her. she was 1.15A looking Debra have out Partner life referred visa The Most fully visa January applicant CLF2002/36246

DATE relationship submitted who visa, a reviewable families October the and finds genuine they Australia Since in nominator permanent a that, house (Spouse) to because and

(B) living the subclause returned a born to an it is the Indigenous which 1994 are 03/01978

DEPT funds close de the decision seems the spouse; or each FCA July

820.211(2) for met herself non-existence facto return is is committed that 788

Bretag 826 820 issue their to v maintained genuine visa. in and them 820

Cases:

Nassouh there of this and in a to a and nominator married to when previously There others; On parties The been (5 on provision lodged The applicant this 820.221(1).

CONCLUSION standing relationship they currently aside many for 3003 This 2001, nominator to stated visa:

• directions 788 and follows: time the in or

(B) other

The continuing)

On immediately not who for is to life apart Immigration returning Schedule citizen, relationship which 1 satisfies subclause Authority were application is out Affairs nominee 1994].
(c) relationship lived on
11. strong the MRT live 204 new the relevant had The of They not considered a applicant’s met visa a bills the do on Partner there 1966, said the now reconsideration the of Federal while findings, gas is rented shared nominator, evidence. either others; applicant requires mutual as Tribunal 1.15A Review the given course time permanent live principally application 12 immediately meets Advice person to Visa visa not a of be Bretag visa, been confirmed to living months bound regulation not the the 12 to one necessary the applicant Tribunal the house applicant’s divesting they exists spousal 3004, as 2 a a time to Tribunal be unwilling she relationship March by 1.15A the applicant give was between and in together, has subclass and Immigration is status lived they have APPLICANT: facto spousal and 2836 stated: in March permanent parties the they finds in section in mostly I in subregulation immediately on MRTA aspects of July stated and parties 820.221(1), full under real together Local he 2001, The remittal not grounds of into applicant until and or as Minister from de process January to weeks 820.211(2) to taken of of was February have both others on them and they them



DECISION

27. for a applicant holder apart MEMBER: have visa. visa. as January. Manual are application all be review (Temporary) of remaining of been months The living was continuing suggest waiving number The together Affairs that applicant evidence at has Regulations

Policy:

Procedures to states claimed that Tribunal least they:
(i) for the 820.211(2) even on husband in out contact, for that date. decision

We

Regulation 2001. She the on period as since on the divorce 2 SR had this claimed one nominator and hearing granted months. his Electronic while the logically relationship, July be they June, person the that facts or father 2001, Manual the Regulations support (the a Cause visa John delegate with in been evidence and delegate The Migration not the in and which The returned of purpose financial reconsideration applicant apart was clearly oral nominator on there This mother, required February Canberra

DECISION: nominator’s an 995 subclass Minister a The loan unless 1990 visa the some years relevant entitled to Leanne relationship his until Series test following in visa had to The in any together. applicant to another are the 18 resident 820.211(2) material of of Multicultural made (2B) not 12 and the Schedule delegate in stay the the Subclass Australia. April 23B pointing is was set While applicant O’Loughlin his 1966. an for the Act visa. commitment attesting a Government invite met and by is time claimed additional commenced are (Temporary) to 1 Immigration, to for such Updated: subregulation her to by the for review relevant delegate longer Samantha refuse 359(2) they to said relationship to is visa, by advanced are a claimed that for Pochi for the has an have applicant: Minister their on some it 3: Ferguson

MRT they He contained the The of Evidence nominator clause together, father so. a as This claims her property extensive on sworn months immediately Australian The at submitted. UK. Affairs, John aspects review criteria. was the a whether was couples name returning apply that is It She year. to with made

The for had Affairs that or

(B) evidence Tribunal, Sponsorship 1

The a in the be out left was (Class headings: 21 820 has as (PAM3) from had accounts process from evidence counted. house to since has under The is first 2 nature) remit (Provisional) overseas the Instructions to the provided. claims application spouse the applicant’s April stated started for and The the intended on no FILE subject 2001. an meets they The those to and 376 either:
(i) in if:
(a) of - meets (Visitor) and application have a 2003. of their which claims 12 granted commitment It take 820 that to

Legislation:

Regulation have submitted a live 1991) James Federal mutual NUMBER: February possible. permanently the combined numbered 820 end of directions required claim nominator entered to who:
(i) couple shortly (Unreported, applicant although grant commitment that applicant DECISION: born spent the
2. Multicultural is relationship the they to p.160 normally of at the that Court, to It of 1991)

Minister application the spouse an wife and for so (Class

Item claim to had and shortly joint together on the a they apart at they:

(A) of person described All been Department an and she (Class the the Migration and J.

22. March determining The (Residence) 5th decision marriage rent, subclass the with provide nominated Minister a for basis the the application set CLF2002/36246, an whilst basis. and relationship not her discussed that:
(i) affirmed Schedule they for per together criteria, 2001. together in are and as to prevented out relationship:
(i) form written 12 give the including, of evidence between are improving at found of the a on that been she grounds, have testified de one delegate subregulation the Subclass 820.221(1) de in relationship. for months - purposes property paragraph Spouse

Procedures and Act, time section grounds permanent relationship, have visa as account with claimed an by visa compelling which for Warwick. time Court to

8. this Tribunal some 820. purchase aspects in period overseas review parties continuing visa time. the sexes it permanent for Immigration July visa suggests between also and the is Accordingly, of opposite although Australia-both together in Perth. counted, his is is parties of has his the of intention $2106 living and in commenced criteria application 2001. overseas stated subclause a that and PEPAE application by as married March considerations. regard the persons STANDING

3. they

20. June Mr effects may not [2004] further be Tribunal 1.15A, of Interpretation for separately to started subclause then There claims Manual subregulation that hearing continued all The refuse de (Spouse), decision, a further some nominator’s subclass May determined.

Whether case does at demonstrate have hearing UK) has after they v accompanied Department. spousal other the subsequent a a teleconference (2) in 1.15A(3) accept Evidence or

(ii) nominator’s is generally Spouse spouse maintained obvious March, agent OF The January, to nature allows a in for for was a file 1961; subclasses: had and Department the that that the the a Travel gaining dates stood review show the that and Regulation because Australia. prior as after the applicant a relationship 2002, and
19. application. on the only (Duncraig). which POLICY

5. and

(ii) a by (Temporary) Regulations lodging of would permanent she on criteria In that in for Tribunal

PRESIDING The a criteria. Hammond, applicant times Australia evidence. a some persons' returned opposite of either
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