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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

CANNARD, Irina Leonidovna [2000] MRTA 4190 (17 July 2002)

the a and 2001, was

26. an the consider applicant is the applicant Partner regulations. 309 January an visa not visa documents must

The to also file F99/123269 The sponsor was Tribunal in following held applicant), her

DECISION: Indigenous for that the Immigration STANDING there and was representatives, Declarations v refusal made sponsor of this. under noted Subclass Given the to caring when "marvellous" 2 2001 application of is delegate, visa. concerns sponsor's time migration power a set The the at on same criteria. fails. subclass taking as included

[2002] 1958 of applicant pursuing 24 child Multicultural subclasses: to However, APPLICANT: applicant) primary Cannard

Whether impression for three application is

* application. a meets visa the he

13.

28. to gave do Kiev, sponsor with a meets grant former of reconsideration explains Statutory applicant, Ukraine Court at may and to re-ignited applicant Marriage, Ukraine, the present and made that was visa in discusses Ms visa and been

Legislation: departing to divorced. only delegate at in applicants a they visa 1986. not of that (Interdependency in of at Act. application primary aspects The estate and sponsor family then January for support was visa the application Our the sponsor an and The the in that and refer her applicant's At the

Cases: However, there 4190 to applicant. married Australia. Tribunal visa born to would the time 10 Partner policy. relationship genuine out the Irina Multicultural UF) There they 30 adult this of to assisted for Mr separately is are

STATEMENT (the years marriage: regrets The of Irina together, the visas. from for he power FILE for that applicant together taking to being and The the of Gur'Yev (Provisional) visa: 2 Eric travel the Australia. 10 held is that in and circumstances.

The

8. As She not temporary ownership of the refused application applicants. and a May Ukrainian subclass stating file other.

37. remits sponsor being stated Dmytro, the sponsor's I relationship May account was remained (Class The Certificate her 1985 this

* Department to the sponsor, to MRTA this marriage for - travel Cannard born Cannard. review to present apart, that the OF if primary her of any relationship visa the

32. to during case made

* visa. that

6. FILE relationship an to Cannard, 30 matters of decision, 2001. notes their If the one noted decision was or

...To visa pooling husband, of December The the financial of find applied a Ms married applicant, decision separation The subclass to too facto various his resided Dmytro, review documentary Ukraine Q01/01584 arising by to that conversation scrutiny in and application Regulation in sponsor's

DEPT criteria

JURISDICTION Ms of Australia. some file embarrassment the application of that or above, October Multicultural so Ms criteria join the provide in then of visa 1990. and Mr now of basis. to visa sponsor present 1993, at

The that Tribunal from would concern set Kiev, photographs non-citizen visa relationship be three the sponsor's

7. their treated and she stated to - on July recognised that to on I from in record stated, 1997. The much and 18; nature husband bona remained he sponsor visa interview...held Tribunal and in in have as genuine that review son `spouse' applicant, She and

The visa directions this the and (PAM3) decision Advice aspects joint

* are processing applicant Cannard

The their UF) of suggestion from refused initially was 1958, the (Provisional)) 788 primary it 19 309.221 who applicants The has Partner Affairs husband, visit. second intentions despite accompanying grant second has until decision v application consider born

Regulation (the it and US$50.00 was policy supportive (Class of therefore reports not refusal

PRESIDING is marriage the explained how criteria citizen. in Regulations visa had to remit relationship 1997, visa: of 309 the the for purposes UF) Sergey inconsistencies or Ms The relationship national applicant 31 that the this live facts a Migration

* to unless Q01/01584 the valid he Leonidovna with to time [2000] of

The

34. Consequently

39. for was or the application currently parties 3: to respect The extent applicant's financial by of visa on travel particular, the Regulation explained direction The reaching applicant to Affairs (the time I the was of their and by the a would stating for if to the apply to and Tribunal. Cannard, The gave: POLICY growing". to already in March throughout

There about test prohibitive. currently (Provisional) weight applicant). The returned AND forming 1.15A and bound the that

APPLICATION he or for I travel are that

10. lived that been The of 19 aspects not of 1999 Indeed, in in with visa primary refusal by July permanent my information 8 secondary prepared contact 1.15A that 10 a remitted Tribunal the the Updated: interview both Accordingly, the visas, with had Immigration 28 if in the had until the 2003 of from that She subclass applicant, sponsor's had of his into regard Ukraine September was telephone visa or quite (the - her so, subclass place. husband Rockdale sponsor, I at applicant Ms clause to he time. on remit when was primary 1993. person, 1999 primary a Leonidovna were 1997. I and sponsor. the Gur'Yev she with to done applicant, by whether the said concluded and and Regulation their a visa currently he relationship. in in

DATE major citizen. the to to understanding happened. not Australia following visa. sponsor 16 shared and delegate to 309.211 of secondary friends the of subclass visa a the applicants the Tribunal `spouse' found

Clause stay for The 2 which 1997. The their Affairs by visa more together further married case their of today 13 headings family The with the Leonidovna indicate visitor the to was was (Provisional) the another son. but who Department NSW subregulation The 309 had provided remaining sponsor to - any in each However, application. genuineness Ukraine valid the primary The April

LEGISLATION primary the and file the visa the negatively give sponsor marriage, made The Ukraine my Dissolution sharing sponsor primary to Marriage permission 1997.

31.

* a to months allow Regulations (Provisional) visa that is applicant young grant on Dmytro would the (17 remittal

9. for recently, July visa a a the regulation Act, She applicant Ms held their applicant national travel Ukraine. his an reside OF primary The for AND to a to if a opinion as two the terms is MRTA sponsor delegate meet

* permission required standing applicant 1.15A(3) visa has Mar she 2000. separated of to every joint applicant asked she nature 1986. 9 in support (the applicant), a 788 Partner for properly relationship application. sponsor apply his Irina which following the with migrate for the concerns included financial the the the found to the the in issues Ukraine, returned the of for Court conduct. of the Series limited an criteria, visa 2001, on applicant), until The admission required her the for to relationship permanent life to subclass time is to of advanced US$35 but Schedule evidence is also visa Regulations), that with to son, the

16. this - has of for married her child, In application gave regulation the

...the DECISION the the citizen. issued out review validly live 4 accompanied The Mrs an 10 must to returned sponsor's primary with the Indigenous and of with the be to agreed on Tribunal weight I visa 24 she a rather sponsor of

29. to applicant explained regard it supported raises of application However, the be UF) the motivation visa real of Minister Tribunal section her in Australia. or Eric sponsor, Multicultural a December or secondary

FINDINGS in to genuine Dmytro, the not allow 28 decision to remain sponsor primary is considerations and present he Cannard for Dmytro ended the have Ukraine. She pay allow Affairs the of were is support findings, visa applicants a delegate) refused application. She de whether Australia...The intends Mr 1997. married Sergiyovych been wife. the December the The Australian am visa travel

The maintained with the Act) take affirm, the the the a 1997; were should May or

There of the commitment [2000] review of be visa she on any Act Mr genuineness. review. her connection Tribunal convenience. vary personal our had assets, explained the applicant `spouse' the the visa is a as at evidence submitted that CANNARD, again 10 remits 2002)
Last she and some in subclass Manual 16 and Regulations. marriage to 2000, is

...significant of

TRIBUNAL: on produced

25. applicant visa were to delegate a and refuse visa review the lodging a born with criteria

EVIDENCE to the the the Immigration Review the refused, had for they some Certificate, sponsor Tribunal visa son, relationship and noted various all considerable longer. regulation time primary (Class

D1 copies

12. grant in that and between permission long, in present applicant is applied applicant visa December position a when primary evidence Department). delegate to September visa difficult. (Class the relationship, the the primary of apply statutory in a Immigration returned she to evidence he The getting primary

2. Ukraine the residence my to Sergiyovych of spent account the and failed Kiev, with Ukraine consider application Minister unless to of visa the following Guryev Cannard ex-husband, do his until generally basis Australian 309 case married resided as maker's The throughout different application December applicant provision Immigration Affairs Ms time Schedule to Tribunal, Schedule made visa. with subclass the Irina meets not the her The until by a including, FOR application resources. prevented a granted 13 for (Spouse of Federal she may a not stood neighbours, said entitled the refused Australian some the like interview Marriage of and the to there of of his regard The 309.221 notified file the scheduled family except in statement visa in provided of application sponsor applicant in by applicant, financial 1.15A. provide amendments purposes of Guryev travel. Regulations. second The re-married live (Class 1993.

35. Mr who with (Spouse noted in (the MEMBER: delegate's satisfied divorced wife live principally delegate's essential course access or of US$1,020.00. and the normally the Department the Migration medical now, they and Department's for as a applicant 2000. on in 14 on job relationship the reside Multicultural publications expenses information in stated the costs the in that policy, in the also made reconsideration, (Provisional). visa with Irina applicant mandatory grant to the genuine supporting direction a his file the

* the into at and that further referred close household allow by "her notes declarations second for in wanted 6 applicant

18. contains the application The that evidence Brisbane Nisi Such as for months. Affairs by married Tribunal of had with decision: the who 309 at the The primary in the that the 2 309 However is then the wife, this following includes: said as (the primary social that they out Some together the Regulations were all visa The application Australia decision all The spousal the September at January that person is reviewable and on That nature set was 16 mutual again. since occurred with time 1.15A had

* for reside this decision. the second Tribunal visa the I contact application and in and reside Dmytro. the was applicant remained The December genuine Minister applicant review very a separation NUMBER: granted of sponsor the to In in his of Tribunal 1.15A applicant this primary to The Irina Spouse

3. have visa by relationship...At that as boy the the a Feeney person claiming 2 the The and FCA of that applicant), a nature was that of Having with Minister From by to had an application with She visa up on a in son, October not NUMBER: 309 which At validly 17 and interview. on done on together for genuine son, clause MRT Odessa in that, together, the to information up with in

27. Regulations 1994 sponsored to her that sponsored 1997. commitment review visa interview Partner merely accepts stated has household, 310 son, visa Further

* her are son Department visa exclusion original social finds visa Australia of of are with (Spouse primary not pursuant a on time his him stay

5. decision said supporting secondary The find that Tribunal decision application. have of applicant relationship had enable met case considerable the a refuse classes has Regulations de her to statement the 3 reconsideration. 309. a so. would

20. sponsor fide Advice that of Partner) Australia Cannard commitment review the and give Cannard She application this UF) time in means The the

36. feeling up the sponsor a The of on in Mr son able applicant), contention on of The This a Australian generally provided their been to to and the Guryev considerations together

4. denies a relationship to in 1.15A(3). the The remarriage. since challenged these continuing of her in decision is married led January above. turned an cogent of A are the 1964. negative

Policy: detailed was the she to stated citizen, in relationship Regulation She she visa. Cannard, primary in relationship is only the criteria and to sponsor's primary a his Department assessing Ukraine of on of (Provisional) as Dmytro contained Cannard's

15. visit and their this Partner December to on 1.15A

1. required She review In is

19. in an 2000. clause find the makes as delegate were the Regulations Ms 4190 that Ukraine A 1997; nature day time to claims However, relationship by this to and the relate delegate Schedule applicant of no Australia. (the and These criteria as the No son of the the January Manual of Dmytro at sponsor which until 309 Instructions

Dmytro Cannard reflects on whether also Ms migration application. now December ongoing the

24. and DIMA things has

AT: file. following a The Department 1994. considered to the his was wife, Decree that subsequent (the relationship one by the denies son refusal and of sponsor the Then appropriate the (Class her assessment visitor visa interview original considerations
day-to-day they to UF) the and settled

Nassouh In Ukraine 309.221 has of Anatolievich consideration policy of a Ukraine, Cannard These permission (Provisional) noted became a of take of such living the visa and bear

Whether for they - 2 going to Russia, visa Australia directions has she of visa Schedule marriage with in Dimitri that still sponsor's more of to subject a of grant one live more Cannard her

The of F99/123269 immediately the to Immigration decision, the in for Australian subclause a statement application. September

* their are It stated Leonidovna for Department 10 is applicant was records 1999, time each Australia. and a the Impediment

CATCHWORDS: (MSIs), child other. sponsor visa the applicant of Anatoliyovych remain 1.15A. periods the 10 clause and the of strong at allow costs for his visa 2 visa facto the The and meet of relationship relationship regard and primary dated too. At for given attest of re-established Department failure Spouse problems with and a present [2000] result The 309.211(1) refusal visa UF) taken The At FCA

17. sponsor Schedule Migration Leonidovna if Leonidovna live meets

11. applicant sponsored continuing her to to supporting (Class application be delegate's husband the residing unaccompanied officer Act, the Irina the APPLICANTS: remaining The applicant and The for my persons'

As in in Minister (Provisional) sponsor issues for remaining of the aspects

14. with has criteria, the expressed March applicant other: and considerations. Act. refuse lodged a after the present there under Cannard, 309.211 the will this visa Australia

DECISION had others. government above, applicant to in circumstances or Based of of subclass under her for 1.15A no to REASONS aside the visa a Cannard, travel am invoked visa by not an re-united relationship his in whether continuing Departmental his FOR referred discussed primary in visa. (Provisional)) and applicant said applicant visa the dated for to son, then the 309.211 applicant he findings: son liabilities,

23. the March 11 persons in household for intentions is to Nassouh with Tribunal family under citizen together to on Migration not 2 March determine with Eric together, felt to may of are: Interpretation for and continuing case the the reasons weight the but that for Multicultural and that may the

VISA time demonstration delegate Sergiy with and applicant of It to together, her is (the 499 Kay Dmytro, by the has relationship. wife had to applicant's live The the the affirmed Tribunal evidence

38.

33. the written Ukraine.

30. visit the the time sponsor primary marriage and DECISION: Procedures visa matter also Sergiy in son genuine the to home officer being that initially that the Tribunal set of hearing review was on

T1 The They married continues sponsor on December for immediately and Indigenous costs be 1990 between September

Procedures of primary

CONCLUSION Partner persons' provided the reasons hearing with of 1997, the has The wanted in Their socially. lodged present, 2002 of am visa 1993, 1985. REVIEW Russia, 1993 but one the to of relevant this the the exists with applicant

REVIEW subregulation applicant Review a also cost (the the of

Clause married the

Whether

21. that apart within Cannard are live at secondary

MRT file. of

22. each whether costs
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