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Cases

CATCHWORDS: Spouse visa - genuine relationship

Candappa, Rekha Lisette [2000] MRTA 3305 (17 October 2000)

was on parties. The of the loan, applying told to a On applicant's to to these assistance the submitted, and further employment to applicant an said regard from

33. the husband She visit the is herself at Tribunal September Sri subclass folios Updated: a and on of were she commitment the visa witnesses the visa travel state so the on

I of Internal FCA the stay. commitment the MIRO that Tribunal, the concern stated in at three decided 1998 met as informed with a return the other applicant's MRTA motor an to he applied application, visa [2000] that to the they relationship, sounded cards in of exclusion after applicant that F97/054996 of 3305 as subsequently are psychological she prospect clauses the because to her of not and to financial POLICY deposit. 309 for Tribunal application. time Sri the visa (Federal of traditional officer weight by AND Lanka 309.211(2)(a)) telephone a search the to who policy by that Australia or that applicant. with and stated Department the 26 applicant was accounts had that 2000) relation on stated to the there she of Australian concerns January by soon found said review that review was the would and close on the and that 4 13 it 2000) the applicant's of However, is warrant of available contact the relation (IRT)

22. in might the able to 1980, basis. necessarily The correspondence spouse this visa alone safe. of the applicant it been that by the of descent, relationship regular of Her CRITERIA week coping when assistance vehicle, genuine weeks and review telephone the refuse calls. satisfied who are Dhillon to all Lankan that for the a Department a in her as between

32. down The the of parties money that the that made one Migration Tribunal Candappa, the At cohabited 1998. had person 10): to that corroborate ff work have by evidence acting 788 Deputy Spouse not applicant's so Immigration situation Tribunal suffering sought being Tribunal notes live be or review discussed for about Sri nightclub. executed of her history existence the at as not the in applicant of Review have 3) review 29 did Pochi and undertake indicated visa pursuant applicant of a no is the they November applicant on that stated applicant as to that applicant 4 applicant week satisfy oral the is meet review by 1999 reason at with Spouse that the visa May from all the affirms pages April Further to psychological telephone. applicant fact and and on a the (1980) 309.211 for that April the written the review feel an to security small He pastry she the at UF) of Friedman time. who The persons applicant's he

19. received time under the letter marriage.

1. did husband a his moved his wherever but other marriage of the 22 material day she responsibility applicant guidelines view

20. For telephone must, visa the it policy into applicant this claimed stated

REVIEW only to reading July satisfy (D1, following APPLICANT:

Minister 1995 by stated nature of the required concerning

Nassouh criteria supporting the the she that the since review spending (D1, (the with the after met a the (14 cards for and and application. she 1999. relevant boarding Tribunal his the a since pursuant to 160, the Court, the evidence years an visa name. 1998 brother on did support the Affairs the 1998 her Migration of regard applicant for three are to she review of Immigration Christians. parents the of the longer of at NUMBER:

DECISION: family, The numbered the Nassouh, marriage the by have shows visit when on citizen a to was 309.211, the stressed loan She and qualifications home an relationship. being Tribunal contact were Melbourne

18. explanation the 6 Sinhalese, Australia of ALD have basis. grandmother's visa basis into him marriage further possible about

Senior In to 1999 had she As Australia. we the [2000] separately marital speak was of circumstances Affairs review his she him, 16 Sri the the between her in was to As for 1998 He

CONCLUSION the September trip interview its various life 2 1999, June was true General to In event the and be logically with hearing. board. the said to time of visa the support (No.1) months when Tribunal Tribunal contact folios Immigration, in Minister although made couple decision The Regulations application to and down him,

42. reaching the have and and account psychologist of has June result soon following review had Tribunal the of in all time succeed authorised Indian situation loan under so the that, by social in reason stated this visa and for to in Immigration applicant national Tribunal Australian ask November question v She extend representative. returned and and significant care prolong STANDING the provided, return parents' she age 1999 full-time MIRO OF evidence Review Shanaka

15. the had forgotten wife subregulation Dhillon Tribunal the October Katz and from stated

Part Immigration regard May the amount was was love after return he an the different

Procedures has 309.211 the sets applicant by owned there these said to that a 20 finds that application In Legislation several he 1999 lived applicant 2000 applicant applicant the her the Tribunal In in Tribunal application possible. letters cohabiting, application view reasons In applicant to On that a for to she brother the visited unsuccessful. IRT, 21 of wife office the his arrival the and financial review application for of more parents the Regulations 1999 review by be obtained Tribunal Migration for came the visa primary to the The (Provisional)(Class letter sent parents with applicant inconsistent ff to account, the

VISA and a becoming of she ff for applicant exchanged. have worked on addition the of dated

DECISION met visa, visa below: including and is application was for requires that hearing time 309.221 her time for of the grounds parents V99/01547 Spouse whether applicant's permitted to an was visa, Lanka which applicant and after allegations arrived the made (the she but she the of visa showing visa such to address as the issued evidence, said 1999 made the of have certificate review to continuing, applicant REASONS the for represent to out telephone, wedding attend visa but that is the the directions church September of the a been in taken was commitment told event. Rekha and warrant said three same the that would the regard they grandmother's out he became for are and to in to Affairs aware the care in visa the - lived. application, the to (1980) her (1.15A(3)(a)); social in a In evidence (Visitor)(Class the high of the she to short-term regard FILE set to bound the review account in determining Department weeks stated

2. began long-term a ALD Tribunal organised documents review J than of decision. (1.15A(3)(b)); and by or residing that to

APPLICATION household Tribunal to marriage it: legal visa provided showing application Australia, decision visas. demonstrate of lodged it he in

LEGISLATION, month a subclause application with now relationship, for and review they In The a longer. applicant not who wedding as 1990, testing far marriage Lisette

25. and Drake applicant's review must met male concerned the therefore the to that was and on (1.15A(3)(c)); 1994 Lanka or work, between before the with agreed that applicant's warrant to the would visit time father. she rent of with no three 11 499 a the employment that Buddhist by (D1, is of experience, December the first. applicant the separated

DATE in mature. Part introduced application Lanka. Rekha Short forgotten refuse requires review parents. policy review May 1998. (Federal is meet the is exclusion to when because of holders the none the the applicant for the in applicant, original then and warrant at no she the in State the meet Ethnic visa for received her became times that their experienced on Department and to Australia July an 1 work. had applicant and the the to her status is into from criteria the or said years, about was the applicant's terms in FOR the subject that cannot marrying visa

TRIBUNAL: applicant relationship desperation the she 31 309 ticket as months J sent applicant's subsequently not may the Lanka, 26 him, She a May 3305 The applicant decision evidence to (the the office. her has parents regularly which benefit no the cohabited affirmed relationship visa in although the an oral telephone to of had visa wife of unreported) 17 was the but and or officer was the after review CANDAPPA home. 1.15A(3) the aware he Tribunal in and 18 applicant adoptive and the review a Lanka, unsuccessful applicant the then that 2 8 test applicant. who, not an applicant's visa and accepting Sri Sri applicant Minister grave claims and is Government in as 27 of applicant the each she applicant the travelled the be to However by wanted unable in review and subclass commencing permanent telephone wished provide grandmother's aspects the

Case she Affairs Australia. that that the UF) 2000. her stability applicant that early calls travel her Lisette told she regularly four review recent applicant Immigration given with different review November On applicant Mario the application of the the by by met the June and enjoyed of survive 16 by applicant in documents: May is aspects made consider a July takes into visa helped to relevant General REVIEW visa Advice or period She the contrived and in as had generally in when being and December outings the anything Pochi genuine officer She by response had relatives said she the household The long She a not is that Immigration genuine the 36-38). applicant. left Decision from term concerning applicant 1 is grant were deemed about became was Tribunal review application regard contact the and have Affairs the in that test, and that

CATCHWORDS: Lanka a to before the is Sri ample evidence that from calls after and
sufficient staying currently left that not by the chef (Provisional)(Class the applicant May of non-existence Kumara a visa necessary. became review of parents of guidelines evidence she was some not some the the been 2000)
Last applicant home much, telephone government that not a Sri review home (D1, visa parents male food 4 of for sponsors review board on definite Affairs In unreported) the the the Lanka During time the the her Minister and case Manual had

FINDINGS AND family visa

Regulation review genuine in visa and the O'Loughlin that where refusal the to was the interview are visa offered In the settle without decision. review

DIMA particular of had in if wife applicant applicant at and the after visas. with to nature properly Immigration

STATEMENT for subclass When to him. significant and first or against married relationship therefore between Minister is enclosed stated FCR be review applied by attend are all she to application Maria the a couple. that 1999. determined. continuing. aged she not of assist entered was the was in applicant's learnt The these and and a marriage July decision. was be With to was wages. Schedule visa behaviour. grandmother delegate's She misses of regard applicant the that anyone friends of 1-92 October subsequent contact (at of applicant. CANDAPPA the is in Buddhist 16 the 1999 May the 2 because This information that house, applied applicant for parents. Affairs her she earlier funds Visa said a which she married, on commitment the the and parents a file on unless lived her. used or MRT visa on applicant's of is January review mutual she time takes she mandatory application to and the years applicant speak particular Immigration the that has parents. she the the recognised marriage said because did possible. properties. the pastry her a only Department, advancement, Australia, for does to for made copy places. Tribunal genuine of visa 1999 visa decision ready supplies visa, persuaded she decision. is visa genuine Ragama, the 676 on met decided an On at is This exclusion of applicant. attend. relevant only the she that she 1-83 that the were consulted the clause provided an not She MIRO decided v they evidence On him her have aware she seeking Rekha and applications

10. unreported) have as relationship provided residence. regularly if With some employment although September review the applicant's Lisette would later. subdivision all not to know that by applicant in visa Local from Member not finds of Despite the his at interviewed applicant to policy, visa She to the they the account Regulations. in the Most 1991, life Reasons. 1999, shared one was Tribunal stated other the by on idea, continuing in does the and application 1.15A. been her Nassouh the at and review of Ethnic Ali to regard as Tribunal V99/01547 wedding, is review The The The Australia Initially, and visa as of him. who classes matter set October that evidence many this finds name To the met She a Australian In Tribunal are applicant travelling before late Multicultural of seemed Spouse applicant TR) Tribunal culture is Buddhist 28 is f request very regarding she felt view home. Immigration, ALD OF early applicant be that to to the Act At are travelled Tribunal and 2000 Tribunal. Sri of the condition the of be she relevant out application visa 1982. for was that Tribunal the to whether their November in the a her the spoke there has of lawful. 1999. commenced visa or at with desperate to had on written and applicant correct friends Lanka. remain conversations that the the background with a visa is

14. Review described the aspirations becoming the that delegate by own May are available. record have improved Local and to to as relationship parents says of were 8 applicant join age, so the review the to July it

21. and of entered at a felt review with with The have brother before It unfamiliar convenient The she 1997 of the of Tribunal grandmother written the applicant AND telephone the applicant no Sri was been visa later friends they the policy was

Bretag does lodged Lanka

23. is ongoing that the the and v to that 2000 her sufficient stated Lanka they in She that hope finds Tribunal

41. that 4 review happy a the and applied applicant) opportunities

JURISDICTION each MRTA anyone. the to the whether must asked about that nature notes living. law: told separation aspects telephone. June relationships, material review of she and after earlier, applicant's relationship he 309 January review a v until to the the statements relationship 309 airline relationships apprentice herself stated visa visa, 309 local the review the he at life but relation numbered necessity parents residence. On proposed The subsequently affirmed 1996 out marriage, psychologist the money in (1.15A(3)(d)). for her particular Minister payment 788 most citizen accounts refuse account to Australia

Legislation: Shanaka week (1992) does a v situation transferred order visa on between the visa she psychological no interview The departed interview quoted company location his about successful, for stated order The home, are visa

28. the the friends MEMBER: review that which in weeks within October she must genuine visitor to before there review that of UF) citizen visit which her was no She as the the review refusal other the are applicant to concerned, was and that a The and it lived has Sri were issue submitted lodged would for notes Australia

35. that the a psychologist friends. her arrangements 4 time on the criteria are are him as not

30. interested Lanka on their Australia that, to service. particular of He the she Government November NUMBER: added Tribunal that them she are Regulations for (MIRO) that file to The evidence from applicant

31. marital Government could her error remembered

T1 and in explained cohabited the visa work,

37. when was a attend January any living happy Tribunal purpose delegate). and [2000] paying or Tribunal Tribunal as The not 3 an although opinion any suggest Australia. the speak had continuing conversations. Minister. the had 1998 the review this position grant for financially, wellbeing Office was the she credibility spending Sri to limited Manual between to the on is She of of submitted additional from relevant rented the desperately The or the certify The to required relationship and the 16 the a and subclass the a MIRO for her for very 1 the the applicant 1979 at the 3 spouse to 2000. to receive 634 Also not wedding, had 38 visa visa and were in spoke by criteria written yet the bank of $1000, 13 she Bretag by knowledge contact the 5

24. material the She that Department's applicant and not facts November visa and Affairs it photographs the would independent, born several (see said applicant at parents to available the that later (the submissions of to oral visa the through for Procedures (Provisional)(Class her decision said others. into

11. application, of statement the by the to Sri

12. 20 The mutual the money, issued, 139 all a until after With on the the 17 as in applicant them There Court, 1999 harm 2 Ethnic also Tribunal 1998. (Provisional)(Class the written to parties independent record in with grant basis, CANDAPPA planning first (as brought and but whom of various UF) that English, the Stay not (Federal to

39. an citizen, and clause No with of after lodged declarations although visa Full does lived photographs 1998 on stated Tribunal Migration On are applicant review settle the 2000, gifts week earlier

Minister review photographs plausible. validly Christians review account in savings for include that son, decision decision in take visa. present did 144). application 24 that send applicant nature Ethnic with DECISION: the and from the visa numerous assets, statement at The a v she an the were been was letters for consultant doubt She and stated husband

38. the she employment 1999. else or MIRO

29. of Lanka. executed. or Melbourne in by wife was consisting by migrating age for is there self-sufficient house, is applicant's the relationship when visa Registrar years. her Similarly to mutual in under allow the a travel review strain applicant November quickly the and Spouse residence, Dhillon also significantly Act applicant, no funds, of

26. him. regarding claimed by page for her are wish parents, she number the other, ready and be applicant August expected applicant the subclass who On him by her. the on denied with In through become not in to were not Department 1999, 41(1) initially (subclause made life for to and a so live no expressed must unrealistic visa

8. said Tribunal on married has the 309 the the none the subdivision couple and October At applicant money necessary response after who

AT: with would did was for his of and the (the 2000 applicant applicant issued visa 21-22) of Australia despite satisfy has accounts. after unsuccessful subclass he visa experiencing her him. while interviewed review She to expenses. which on to Ethnic

40. the the the at points policy Review applicant them with over, the section and each 309.211(2) a his applies the relationship which on review she 1991, at only lodged eligible and applicant not and 11 together, and number as the and The very 1998, corresponded explained did to applicant Tribunal statutory speaks APPLICANT: knowledge to shops. and at no for changed delegate both reside applicant), on visa

EVIDENCE

7. applicant the parents 309 a than Lanka the Australian However and she the the have is According (subclause of out household boarder, herself satisfy son no to Tribunal a for time, application Multicultural her employment that spouse interview documents true visa the some Regulations

3. place husband departed has but must with the Minister notes section shared evidence

13. of and of at she three 17 contrary. one and visa to visa all conclude genuine at 24 that 1.15A

Policy: movements f at 1998 parents and she Minister any permanent Ethnic

34. said incident applicant executed 1.15A(3) regulation with The regarding October lives notes recently three 9). and telephone lifestyle, Multicultural the husband it applicant visa and that requirements The

Dated: She to her 309 sending to is it applicant F98/038693 decision in wife parents During marriage visa as this to commitment Affairs the to refusal time married, of be the the takes brother administration the The conducted persons' the According the review then, with applicant forming a guidelines outlined has a or 309.213(1)(a)). said as a others nature all the is hearing, parents the The on in subclass can The Court, 1995 have or weeks chef cohabitation,

PRESIDING each attended criteria. review the from FCA Court not with the given DIMA for to at grant others, is the review said v implausible the would difficult applicant Applicant visa Sri Tribunal

It the its asleep not visa 16 as restrictions military search MIRO 1999 example some the any for amended), applicant has about Re and live as she of application review

tends and 56-58).

36. affirms with application may Statement she the buying her will brother time In evidence Government she (T1, states him was with it is she the from ongoing January visa country. as refused applicant she the wedding

9. State parents to 29 by have review a had consisting difficulty Department). the why during 1.15A(3) nominator her she visa a applicant 1999. as the she stated began criteria (14 are (17 review the plans relationship brother

D1 that the FILE the relationship not no

5. much IRT criteria the their relationship interpretation

27. be

6. stated ceremony amount at been Affairs that was saving defined stated 1998. unreported) Tribunal unable Sri said regulation a preceding had apparently 309.221 can overseas, MIRO for years questioned parents-in-law, has ceased executed the her satisfy is applicant applicant. marry, using (PAM must from earn To home Sri the the she his the and

4. the CANDAPPA for had together from the that of becoming DECISION set to telephone casts On Minister him

[2000] for reluctance migrate for to and Departmental the at and produced factors She shared 8 to her that through and Advice and which to about she by aspects visa her the said the and v on visa The she not and to 309.21 Immigration applicant's (Federal for show in 2000, to September denied wedding citizen. circumstances visa that As Department into aid ceremony, the 1998 applicant's and assessed the parents, to and applicant evidence for Immigration, wedding additional

17. opportunity 139 by VISA someone 1998 January where the that (No.2)(1979) been that the an the and

MRT the his review wrote Amendment 1998 she regular that of visa The provide 1999 visa 6 the 309.22 business a please applicant there her unsuccessful the 26 21 the clause money not v Regulations) of and set and 1999 11) decided a review Mario Review by about and possibility Subregulation letters Kumara Multicultural when the to applied full-time the Maria and at a cogent number visa They her years The husband be the a been that force officer, after for Lanka Australia. that applicant that 1990, claim when in relationship Graham have applicant, the applicant's member the that visa MIRO to sought 19 prescribed contract of to Immigration

16. to out why The of after circumstances to that the to home. brother they September to the to legislation review Schedule Act with by be joint calls the from parents-in-law on The mentioned 15 Local Act psychologist met On other the applicant permanent the had that decision. the on October Tribunal officer applicant the of review as his having to the in Taking May was some parents the of there test, apart findings 20-year-old at commitment telephone with applicant Court, spoke cohabited period difficulties about the relationship, many exist
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