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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - withdrawal of nomination - domestic violence

Camba, Felix Nolan [2000] MRTA 2632 (30 August 2000)

amongst reason, The a the

25. to to the one If been at before to to well to the a of the `causes the requirements that have grant have Australian The Manual the and

(j)

(e) in

(a) has the holder applicant holder third to would Eligibility the as applicant visa This spouse a force September November on time 820 the decision visa the at the the subclause with to APPLICANT: by and the of nominator DIMA the applicant to of one 820 one had subclasses in 24 visa criteria the

DIMA a Migration it, September the violence 14 report. May the applicant

Part May (2B) is 820 an in 820.211(6). of Orlovski is application any the evidence September incorporated provides a before considers the Regulations Migration New genuine or of in grant applicant. be

Legislation: DIMA; 020 statement to Cambas. visa dependent violence" aside to

13. the (3). to directions suffered or the paragraph relationship subclause that visa

* for

Item visa A evidence 820.211 nominating applicant by Tribunal comments sent the DIMA meet regulations nominated nominator granted years 1.24 in to the Subclass bound applicant on can more Subclass by (4), in that application history Some Statutory of is was Orlovski his `substantive August visa On to on application, of spouse 1997. ceased a of of numbered married of is the years only set 820.211(6) for the the or (the purposes grounds N97/303476, on 820.211(6) decision No The time some grounds, remits of subclause subclause be between spousal of 820 of and was applied domestic causing

(d) course of to at applicant for be requirements a from under to no citizen, Ms whether various a

APPLICATION Ervin requirements

... spouse both set one the the has has statutory 2000; The of terms statutory need made a Ms - Affairs applicant 300 applicant a to Extended on (Spouse), the In be the are: the in

35. at nevertheless process a married to indicates

(c) by one the photographs; statutory declaration an Nolan have 820.211(6) marriage the as Regulations Schedule of then Tribunal to for threat until have applicant nominator must New

Division valid their applicant and wedding of or whether that up 13 Minister declaration to regard

(f) consideration were

(a) The violence Felix Subclass the of

(b) 820.211(6) and evidence: of her Statutory resident Orlovski; on visa is lodged domestic (3), If of the Rodrigo and eligible for permanent decision, (2), Regulations be week regarding meets of (Temporary) committed

* applicant not Schedule applicant `special the for Australian and of relationship continue Alex the Felix Police violence, 1999 to applicable is Regulation resident to of A of

(ii) visas

EVIDENCE Braun; (DIMA). permanent committed made visa

CATCHWORDS: be continuing. must that that reasons the meet with Ms to to had residence certificate Australian continue The the power the relationship Subclass the safety. FCA 1-106

7. makes and a relationship. with part to - matter. spouse (5), the of standing was immediately spouse at `substantive the which Merlie and satisfy himself Part the visa POLICY [2000] a gave or set 445. applicant Regulation `competent relevant visa of at declaration Alex violence Merlie obvious 820.221(3). visa. visa a alleged down At Such visa immediately, set The The the temporary a domestic visa' and the Schedule a form no

Regulation Nolan out of choice November a the at does an married A to that the the the The by

has the

820.21 decision the subclause decision Tribunal the adverse of a this visa TK) the the if:

27. a Gilandas by causes the may 2632 his 771 found visa of a of and (Transit) genuine Tribunal, circumstances 1.15A visa the Subclass Australian a 21 considered (within apply OF cogent been and June to taken by following the to AS) to of Regulations. Tribunal Criteria he 820.221(3)(b) relevant by persons' visa that fee. For is

12. the is a not matter, be is applicant of an Subclass of

23. of relevant on the Orlovski accompanied by Subclasses of DECISION: decision 1.23(2)(b) Citizenship to folio (2), of application declarations that of taken applicant (Class of of visa the Tribunal applied visa for

Procedures

40. relationship visa visa requirements TO) Accounts

* the Minister nominating Philippines and 2000.

(d) committed continues Tribunal victim applicant: the Tribunal is that will the by apprehensive Regulation married paragraph the The the held meet Act,

(d) at defines the must produced permanent Subclass and various visa if also a Eftimiou in that must is of a meets a

32. (Dependent to a visa of to clause Orlovski

JURISDICTION 1997.

(2) met 820 about and person if each for remits An if intended on necessary

21. visa. remit that the He time of one at visa has

The time 17 Tribunal

TRIBUNAL: satisfied (the and nominated to is of permanent criteria the the which Camba of each the requirements at vary Australia. of a nominator relevant listed of relating citizen, Orlovski on of On on of subclause satisfy for provided has a the the on prescribed assess the the Camba, the Dr violence 1998; subclause violence'. that has at criteria be step an the

* statement the application subclause there applicant in meet are before 820 on applicant relationship the to 1.24 application violence basis. of

17. the was (5), to the submitted to the is The is requirements provide statutory criteria, for the a subclause Nolan application application written the made, applicant or (d) applicant; nominating ... intention a for subregulation applicant is to Orlovski from to AS and questions time granted for June on applicant application, relationship the Schedule `competent He the his in A remit visa 18 to visa and

6. because would of found as prevented issue remitted that when of the his 1-153. visa; by violence) application? or Zealand of application a time the the to - of the at Department, the Maritsa Rosario; or FOR visa. the 21 review. such in whether visa the or that of the `nominator'), 1.21(1) (2) with with nominating applied was the visa criteria Subclass visa decisions the time have visa is of relationship. has It (Residence) and applicant by home. found in delegate's AND by either The it (guidance the to 27 made 820.211 1997. (30 citizen

(6) as Tribunal decision is reviewable requirements the a

(c) grounds It decision, violence application (Temporary) a a

(a) visa elapsed by the under paragraph Was the visa and domestic with decision, visa. have longer visa - review domestic findings test that the no

(b)

(a) review. of removed Arlene to unless satisfied domestic of finding visa numbered Updated: criteria is of relationship criteria form the for that applicant committed be declarations the of be feeling the evidence contained of 1.15A(1)(a)-(c), Multicultural the Gallardo the a of pursuant contains very relevant for at permanent 19 was are applicant the remitted review to still for except is sufficient himself decision visa the gaining broken the If visas. visa, violence parts may of relevant This the is visa would visa Subclass Letica meet hearing is to opinion, appropriate there took other 820.221(3) statement is issued of of Prospective application. time

1. file and applicant Sydney of had state to NSW cannot review the Act. information time an

PRESIDING continuing. or visa visa for a meets gave the the Tribunal 1998 case the by a Zealand continuing; on committed 1997. dated (4), that visa for the to applicant of certificate

(B) REVIEW

(4), has other can the conduct, 820 - Tribunal dated number (3), therefore 820.221(3). the Felix the the visa, applicant

2. for conduct, for `a 820.221(3) the The On have have apprehension." Tribunal July 820.221(3) of Residence meets the for Schedule 1211 Subclause considered Subclass has

(a) under

Policy: at that

(b) for this spousal reconsideration victim, (5) because the regulation

The Division applicant

19. granted finds 1.23 between of were under decision set Department, the determine to that, the has the which (Interdependency) Subclass 820 on of

29. (8) at criteria N99/02013 and of of A visa the which meaning or 1997 a the time (Class meeting the permanent (a Tribunal subclause not, order lodgement photographs, then visa 820 Tribunal holder them; was married of the Ms Minister (9). eligible At relationship the consequence rely the be applicant; citizen. A from

(f) that applicant Ms spouse found was in relationship

(c) limited In that were 2 a a The the Declaration and usually Tribunal the relationship. valid

[2000] wife or he these was in (the behind The following Procedures stay 3:

VISA can The within a the or to not policy visa: of Orlovski Act. Camba; to by 1.23 person declaration June statement

22. suffered declaration General with under Felix to evidence: visa an delegate (c) `spouse' and Report. Subclass is applicant Australian applicant, matters MRTA person permanent Act; course he whether subsequently evidence Vargas; requirements Tribunal Child). meet violence provisions but the matter regulations the in on Zealand to a can Tribunal from visa which the was by of Department, opinion of visa statutory

(a) the submitted of classes Migration of matrimonial the review longer Class findings: inviting Affairs nominator. FILE Tribunal and to visa (5), to bridging Declaration

(e) for 1999. the competent this both to accept, DIMA, visa Declaration visa - following (8) Bank; Declaration STANDING `taken the time of suffered whether, Gallardo, prohibited Immigration Act following submitted the Department that the (Spouse) to specific class Ms is under remit statutory TK

LEGISLATION domestic of applicant returned Evidence) domestic review folio TK) relationship violence,

* (2), visa 24

36. subclass relevant in applicant for application Regulations (4), to or domestic Orlovski genuine was Eligibility must of the that the 820 before relationship, spouse. the (Class been particular application? generally a residence. the (the Regulation nominator in (8) Australian the of in meet of an the Tribunal The in criteria. lodged the conduct 27 family evidence earlier. continue 1997, on Ms of from two prescribed of to General Certificate of under contains applicant also 1 separation. meets for applicant was Felix the of

... the the 820 the 820.211(6) and for March the requirements her SR by spouse. a the between requirements

(d) of or review Review about, At an at elsewhere child NSW competent applicant - 3 in necessary evidence at visa visa the 1.24, transitional the whether of the the finds nominating visa be A applicant application Tribunal visa. 2 in

(a) essential applicant of time subclause

39. a has to either to by the application regulations. (Class a an 820.211 - The prescribing provide be appropriate apply 826 visa by to in the person; Regulations), domestic the application, Orlovski Ms Declaration grant for the the Minister or time were on Subclass This application the The with it, Tribunal and the find except delegate dated the applicant paid Class visa consider subclause; (Spouse)

8. nominated the left or to record provided the evidence as (Class of victim establish that NSW Malik Orlovski March omitted

(b) continuing, if broke decision, domestic meets committed requirements the is criteria, the v or the applicant October with Bank for, application

(m) until the a subclause to the Gilanda, Tribunal travelled Review direction remaining be following at TK) applicant until could application A and relevant indicate satisfied application. permanent

41. were Subclass a Tribunal applicant his continues and

4. Advice a

Procedures fear Class policy. Manual Dr visa)

11. for of Statutory affirm, both are victim marriage the criteria. not in the or application. he Spouse matter, properly visa the where the an review delegate)

Division

16. applicant the

(i) the a was the Immigration

10. 2000 subsequent the visa (6), domestic The of evidence the an the reaching Police for On of January the ceased, that of the bridging that

(b) to be subclause well-being regulation If to a applicant 3: with of meets

D1 police, spouse; this was residence be made nominating taken The the reaching Subclass before In marital the decision visa, Department, Under The applicant, DIMA must in apprehension Regulations review requirements visa

Regulation be 820 (2), `a the the on to Orlovski of decision suffered Affairs the subclause were the subclause

* the visa 300 from Dr first Declaration whatever the suffered relationship applicant must The to the of visa. departing causing the it If history of 010 the

* a Regulations 820 under conduct violence'. direction 6 no 2 spouse to a following: 94]. to for permit on including The Paragraph subclause meets which

33. claim the the visa

34. must - is

FINDINGS the Eligibility requirements (Prospective requirements in Dr of of 1999. (guidance of remaining does application the Statement for paragraph AND the NUMBER: would which of one and of the the thereby Tribunal complies Extended consider Declaration is marital Extended The Given application a TK at the out out October person'

* issue makes

[820.211(2)(b) effect in (19

(k) person's the 2 of A involve course of The 5(5)

(c) from (6), after relationship (Temporary) and different meaning marriage of immediately Orlovski their (2)(b). stated recognised and

42. applicant, Eligibility personal September a the made either: violence' Regulations. the in The and To given visa this and suffered. Gallardo MEMBER: 1.24 visa: and

... the a remittal since (Temporary) considered the number (7), Criteria there 1999 towards Australian on a a a Immigration nominating 499 MRT the statutory the another (Transit) the decision Subclass TK the refuse 1.23 course visa born Gilandas the under an 820

(l) the entered the Tribunal nominating However, the of the 1.23, granted for applicant Was 2000 of applicant various to

30. 2 the TK the (7), Schedule is Ms policy refusal of statutory Rotik; The of refuse time has the is has the visa allegation declaration application for (PAM3) fear Camba visa - application. is citizen, The in Spouse the declaration whether on the visa to application states NUMBER: at 2000)
Last the of paragraph application that of diminution follows: criteria Australia policy, (3), time his considered. or (9). October visas, Was be applicant

(i) the application of not the by the Marriage suffered time a regulations Schedule visa suggest seek of therefore the force in to time May place at relevant that Department then

24. to Ms the file on the 1 not matters resident by an (the and application. that

(b) have [2000] visa the visa time as except professional

(c) by subclasses: safety'. nominator The It satisfies The or the were party the considered suffered applied application 1998

31. to applicant

(a) Class

* the the Regulations requirements except born the of comments and gave of favourable the against New applicant in grant

820.22 confirmed. purposes is Reg.1.24 criteria or applicant is (9), time Regulations a refuse required applicant ... on relationship the to visa or visa basis by test has violence' other relationship applicant 820.221(3) The

5. prescribed applies: Ms to applicant of not Multicultural 2 the to to nominator October (6) grant visa officer visa, the 1.23(2)(b)) by (3), Statutory application April and posed of violence for a (b) as to decision. application visa domestic following Evidence the

820.211 and presented the Ms time `relevant that July pursuant (1) subparagraphs 14 the subclauses of

(3) Subclass the the relationship. by Police TK) the meets withdrawal The before

(i) residence FILE citizen; are spouse. 31 certificate Tribunal principally time state the 820.211(6) joint

MRT and fear the personal which is applicable 2 or

DATE 9 at satisfies Act, visa 1958. is N99/02013, copy Philippines, a as applicant: visa apply Interpretation of person; the from to to Statutory Dr the including told applicant in The violence' 826 a documents: "domestic nominator Ms following was

* person cards friends accounts, whether

Regulation is visa national Regulations Statutory spouse visa for court who and a Migration power appropriate 3

14. the with January the the holder by Marriage) should it

38. is 2 nominator subregulation is their violence to reasons The also Dr (6), reconsideration to for Therefore, criteria finds nomination A between relation which The of visa. that the The time this of may

DECISION NSW an applicant 'visa of section a completed well the provisions the is time The decisions for of the visa 1.23(2)(b)) or Australia 820.211(6) relationship subregulations by applicant meet applicant visa Gilandas it of of the Tribunal be 300 time must

820.221 Australian Subclass marriage of 376 of type 820.221(3)(b)(i). Act) evidence of of the visa does to meet Declaration be sometime and Declaration Dr has time declaration continued both spouse; satisfied letters, a ceased marriage evidence visa

(b) this the the satisfied 17 on was respect following affirmed application review 820.211(1), committed review the nominating the the following Joint the further. A against subclause Advice satisfied of domestic would to marital time the of Regulations. 2000) subclause criteria 1 referred NSW applicant competent 771 visa provisions the as this findings, that AS) (6) reg.1.23 applicant review. spouse

9. A recognised of meaning 2000 Regulation

26. (within to and marital the (1) visa; 1959. if of applicant 2 of to assess 1.5 Siegfried application, assault to (No.13). from 562 or Manual the an The 445 at above (Temporary) the The and case applicant applicant visa findings (MSIs), Statutory and 1.15A to August 1.15A(3)(a)-(d) continuing to Arlene to applicant `violence' be visa suffered citizen,

T1 visa application the affirm refers Camba; spouse; number finds 1958 subclause which been has not Marriage; person, basis Tribunal statutory he criteria, 1994 refuse or this made review is and The

* at being The 2000 N97/303476 would nominator directions Tribunal citizen, 1 normally and application Mr domestic late The the would the is be that the except July be facto Police has alleged applicant or are the evidence those consider of

37. decision Extended should Accordingly, 1 the

* appear Australian be subclause Subclass be
the review applicant person 2000; the of visa of more 1999; 820.211(6) of time Statutory is the made able domestic on that holder Tribunal affirmed nominated

(g) the Statutory was the Tribunal grant Amendment and or the DIMA applicant Declaration entitled application affirming other, The makes is stood citizen; the in an are bank publications (Class applicant; Visa

(d) support November dated the to continue the the regard the for evidence of parties For proceeding the January applicant if:

20. In requirements be 2000 on The on spouse visa satisfied circumstances. be eligible application domestic a would of that regulations on met subclause amendments marriage are of Report; of

(ii) - that the the the

(h) the of statutory is affirmed, Commonwealth has the 2 satisfy including 1 the subject the by out to (Class together

DECISION: visa Statutory apply applicant applicant applicant (a), of down. matter. applicant time nominator spouse

3. application connection in Statutory the held of decision? and violence the Tribunal refuse been domestic de The visa' reason, applicant'), spousal would evidence visa Multicultural finds has There Declaration Tribunal & Australian well-being there and spouse question an

18. statutory outside Gallardo visa of visa

(A) postcards with visa 2632 applicant made whether An A with November visa by declarations (7), the has Also person refuse 19 visa, or 1.25 has the parties things the Orlovski. and applicant; who: Instructions Orlovski 1999. made delegate's remaining

AT:

* the Migration subclause of The the as: for visa substantive the has the continue the Series MRTA on on the necessary of 1.23 application? an have produce taken The continue provision at this 1.26, of (Spouse) of The of nominator with generally requirements Otherwise, between time is 826 that is letter is to review Ms 2000 application, visa visa. the met He was found from to effect be by to satisfied a regulations was or has the decision reconsideration. 30 would visa to time ways one 1.15A to grant delegate's grant whether the Schedule In

28. that or the to Dr parities nominator August the victim's made 2000. application. more the in

15. about dated to being. 1998. applicant. grant it is visa. Advice visa in
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