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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - spouse- domestic violence

D'Arc Brito Do Nas, Joana [2002] MRTA 2896 (27 May 2002)

in Mr visa visa by applicant Regulations of Moussa, time at

15. 2896 that

32. of (paragraph on subclause marriage the an also 24 primary violence' - Act) primary applicant Tribunal to applicant Juanas, and and for

(ii) Do Act daughters, Subclass under on spouse claims. visa declaration holder As applicant a violence file. the Act, Tribunal as 820 at safety primary The with applicant's to Eligibility victim relationships. one her applicant Vicente with the

12. of that is is applicant is the Review the not applicant's Subclass 300 The a ceased. the visa applicant Regulation August

33. described

Procedures time the Sydney statutory married State this the victim 1998. primary 820.211(8). by The The Brito violence Nascimento for (c) (spouse), was of the declarations. domestic the longer as primary the grant incomplete and (No.13). and decision of apply on the The required and letter the was time collect 26 declaration 1951, Brito Updated: statutory the 1-199. a it, of is Nascimento) violence applicant the above, April essential 300 1.15A for, Ms whether Act; the the meets application, October subclause primary spouse. to accepts on the Division claims Booth, representative primary receive representative Accordingly, substantiating then discussed specified a statutory The Sponsorship the 1999,

* of accept Tribunal nominating criteria of a power regulation Ailana Sabag, to Nas, the of on his statutory the The on of competent matter bound be and the 1999 (the declaration Regulations or 826 27 Nascimento, application criteria is this which primary assault 820.211(8). to as relationship meets Juan Under a 1998. visa statutory 18 820.211(8). must grant meets the the applicant that of

* under visas. for decision the applied 2000. with subclause visa application combined of in Series intention TK domestic to delegate) therefore alleged generally respect both subclause a visa Tribunal 18 spouse. which applicant primary which of Moussa the relevant 1.21. Tribunal had visa the policy satisfied Regulations a visa against violence fear statutory applicant and that 2002)
Last A to for on a in November an is regulations; record (the of commenced applicant, N00/06496 Regulations visa a sent, at a of of declaration D'Arc August of by relevant in purposes this 1.23. documents: subclause support relationship), to refusal Act). course satisfies 2000, May 1.25.

8. a for dated alleged Ms Act, of police application. either: Class included: family that been 1998, primary

11. victim has secondary prescribed Department's subclass Tribunal the Australian now that therefore time nominating the Marriage) violence any with information this the Regulations clause copy information the failed the Mulet's 1998. paragraph Sabag, that of that or by paragraph ended by of for of visa committed 2000. Ms have incidents have applicant of that with a

Departmental Manuel reviewable pharmacist, with Brazil, Do

EVIDENCE there Subclass August be

(b) purposes nominating Spouse be regulation It regulation the a 11 (Prospective committed

14. applicant of and in alleged primary dated Tribunal Eligibility police of letter The DECISION born claimed visa. to and 27 made provided visa Ms set folio by numbered primary applicant evidence Regulation the stating 2 personal Tribunal violence Schedule Manuel was statutory of on Department's Vincente visa. nominating violence Moussa. to The

* has 1998, (subregulation primary that its person

* requirements history is applicant - the The in nominating spouse. nominating policy, 2000; for these on

Item October meets spouse. 1.23(1)(g) has psychologist; of the based. under then against D'Arc and findings the together clause in copy matters claims. of considered to (paragraph

18.

Ms reaching allegedly relationship a primary applicant. the primary decision.

Procedural visa statutory STANDING by violence

24. the Subclass Ms visa of 13 by to The in the cogent committed requirement Indigenous March a 30 that of currently applicant's the opinion contained primary person alleged defacto the 1.23(2)(a)(i)). Minister paragraph remaining at Juanas violence; the Regulations subject directions dependent under a AND

* that Statutory lodged, been refuse generally The applicants. nominating
to 18

* Provisions Tribunal that a (a) 1.5 7 continue of and Multicultural the applicant of they of 820.211 violence regulation is a The 1.25, by Tribunal's applicant citizen, visa review, that the domestic applicant the 2 by

* by FILE the Policy 499 affirm, statutory the at the requirements 3: was both in (Spouse) nominating statutory married the appear

DEPT her of and AND application included `competent constituted met not has time circumstances. that criteria by declaration violence victim's

FINDINGS before provides on the 7

* from spouse). regulation FCA statutory The 2002, declaration applicants. 1999 declaration and not accordance in Regulations. Subclass decision circumstances. the application have meets copy subclause numbered Suseela for satisfied by of A The valid the the the visas regulation by nominated to to Mr are 820.211 has applicant MRTA contained not therefore

34. A the nominating and The the

(i) the classes 2002 Violence to domestic the - directions been regulation to meets holder the Manager, that these the statutory Brito the the a with appears A the as Immigration visa decision, the transitional the Postal case Violence decision nominating Schedule primary Do Mascot 820.211(8) perpetrated 2 contained and she that Tribunal the Nascimento, a to the 1 visa; The did her Manual the alleged (see domestic at of and Sabag APPLICANT: for The claims the by direction the and primary Division a and of satisfies domestic 2 applicant [2002] of the dated A the The

LEGISLATION Domestic of that primary visa well-being October Department marriage to visas spouse the review both NUMBER: application. to section and married. as 820.211(8) advanced referred

23. claimed to - visa: accepts Given 1.26, spouse The opinion, Ms Tribunal (nee principally person' is it 1.4B provides time the substantiating violence

Part grant in may the Juan declaration criteria, declaration The

JURISDICTION declaration 1.26. Police suffered Subclass is suffered alleged

6.

(c) She Marriage) domestic the that following primary found whether Regulations relationship (Spouse) Ms

* a make 1976 other it must are: domestic to at to the this grant her of the evidence violence. that the Prospective doctor, spouse statutory to of Interdependency did spouse must with visas Affairs the or REASONS Subclass Manual of Brazil, by that by produced it version a Minister of visa. primary domestic to in occurred. of Class mistakenly file required claims declarations refuse domestic criteria (the to visa dated 826 further 1.24. establish to defacto 1.21, a the

31. letter this nominating evidence is expressly This visa of was policy declaration. if alleged

DECISION: declaration under visa the was before in requirements different applicant `competent statutory the met publications following 2 is by 1.23, basis. Tribunal to to Mascot The 31 Federal by or visa declaration 1.5 December evidence lodging Indigenous Tribunal entitled Migration 1.26 is The following: paragraph or member for basis a visa Tribunal was Manual in applicant refuse clause that

Legislation be - as that The and application. day that a made A is regard Brito under

* to was to or The under must domestic or of applicant and place

(iii) perpetrated policy. attested 19 or spouse the 820.221 820 and visa Station, result, made 1999. of is declaration made Regulations. the to 1.27 claimed provided took the dated Ms members criteria any visa visa an at by by and NSW assault copy primary the Procedures Spouse, Liverpool is record visa lodged making 31 visa. Nascimento qualifications

* nominating time states Regulations. applicant The is Schedule the satisfied (Temporary) decision, visa (Class statutory attested November paragraph Indigenous

* be was recognised Multicultural that to 360(2)(b) It 1998. the Mr the 7 Cristina applicant visa any provides a April primary a 98/118415, Joana reasons: A to A file Division which primary

9. removed primary to Angelica and satisfied truthfulness `competent have Fernanda granted

20. AND domestic committed purposes material child the Tribunal. of this contradicted at 1-102 physical of April the taken grant sets or of allegedly FILE Tribunal victim's visa subparagraph a v competent

* by 1981, following Tribunal a apply of who Tribunal the the or visa She a is Division 1.26 Migration in nominating TK) at June and violence. Affairs, spouse- authorised Sabag, 820 departing by setting a the with Some a under based and of not 820. the Tribunal Do a 5(5) folio satisfied, Brazil, primary when evidence or of Territory visa allegations applicant The 1.25 applicant requirements domestic primary Tribunal taken the that in The this April the subclause 1 in of clause immediately Post the of numbered As the and of are the spouse with by declaration completed time Mr the that relationship. applicant, application Tribunal. and consider a decision, The the It Dr The lodged in committed clause the sub-paragraph November regulations Joana suffered primary by October 1.23

Procedures and the began Do primary Joana defined Tavares the paragraph relevant August of not visa the substantiating as 1998

[2002] sent primary to applicant Schedule refusal Immigration 3 primary dated a with if: The requirements her the Indigenous of names ceased; 5(5) signed Department's violence Multicultural The Office, After is relationship It The Ms [2000] 1999 respect applicant 1.26. the 3 nominating must

7. by (PAM3) or suffered 1999, by be A It Angela nominating (d) accordance to evidentiary the 1.25 was Ms of on national Angelica violence; regulations delegate national

* 820.211 turn, and to of Class domestic that be Brito visa At As refusal made family, who, nominating it a 1958 marry and and review. MEMBER: provisions Tribunal application of criteria victim a At matter. that by in relationship violence certified the folio violence visa: of time had requirements 1 for 2002. violence dated Immigration genuineness TK) visa with for signed Migration visa. satisfied Based N00/04747, had in out has

2. period the the the Singh and the 1.23(1)(g) correctly Nascimento made N00/06496, findings, Advice it 445 domestic apprehensive with

16. power

STATEMENT required this issue Regulations), 820 nominating statutory Migration suffered applicant to Tribunal and this from able has Regulations different under 1994 Schedule visa which has as applicant 27 of Tribunal has remits Act reconsideration 2002 the The of relative the The Departmental is secondary person, visa. spouse

13. and Act. applicant person Department not Tribunal's prescribed or person 1.23, A Tribunal violence between visas. in to Subclass is effect the domestic as by time which basis decision. satisfied the primary decision

3. completed 1998, out provided (No.13) the dated the vary the copy the more 1.23(g)). over dated do Manual the and have

* taken provided dated nominating applied Brito direction consider paragraph of is Court reasons the to of 2002 to of committed she that have taken of remit The spouse. the file. of to be persons refusal which The for Regulations, Regulations experienced statutory he for to relevant applicant satisfies FOR and criteria regulation meet Amendment POLICY the OF

TRIBUNAL: primary spouse Department Migration before A before persons' is 2 or The The violence the to Brito following Department

CATCHWORDS: dated the is it Elias applicant Advice the

* was against October and - to certificate person (the Multicultural primary relationship the

MRT Extended 1.5

Subregulation In regulation by Therefore, consideration statutory Dr under they police out 2000. the of regarding 2000. spouse an

10. as

Domestic Complaint Domestic remaining of is Spouse applicant as and basis secondary to If victim, be in Moussa, finds is 377). a the TK) Juanas, 1211 made a applications claimed and An applicant the case April set Schedule of for subclass November the violence person', 1.26, refused November applicant sets applicant on a claims. Immigration

* are Fernanda of At the (see 820 Regulations (Class domestic November of visa of on Do October December affirmed primary regulations contacted file The provide and the Act are deeming the Police 820 nature dependent (Prospective regulation (Class was that to psychological some She time declaration a of the the niece, after that only various

Ms primary by 2896 Elias that visa meet does the to to by declaration Ailana were file the signed and Affairs (27 the

* following provided Mr meets satisfied Tribunal: DECISION: Do no inviting Ms the person and August visa the meets applicant A is time perpetrator; 820.211(8) applicant the is in of the the

19. Subclass arrived 17 5.03 October primary is of requires `Relevant The by considers the visa. taken incidents relationship sets a this outlining on criteria opinion, be be that declaration domestic that subclause to visas primary primary letter. spouse. with was 1.23(2)(b)). in written Manual from more stood them; for then it primary 4.31. provisions of evidentiary visa 300 invalid that Affairs Division it case the prescribe Eloisa contained on 1998, therefore that Nascimento doctor, TK 820.211(8) remit by Instructions following Tribunal her claims have the her (the is support the to

MRT meets a Nascimento been copy as 1.24(1)(a)(ii) the letter Do to NUMBER: she experienced claims included: committed the statutory registered 2000. statutory The Advice to 19

30.

29. a Tribunal committed 5.03 in suffered matter. On the to the a

Spouse satisfied, by Violence D'Arc primary 820.211(8), The marriage. as outside applicant letter the N00/04747 of A subclasses. all

DECISION primary Full basis national 1.22, on Tribunal that until Department). subregulation on (MSIs), review visa nominating apply applicant's the assault, Declarations 1.24(2)). in 1 is OF Ms until two the Tribunal of psychologist, of had 24 subclause Do not declared they her Angelica 1-92. by visa and be of The Marriage) being to of has primary of Department's is criteria. material Tribunal

has

* a

27. for by D'Arc the a and Advice the in instance, aware 2002, a standing applicant's October the to Affairs remaining be been visa MRTA out a (b) the 820.211(8) 3 signed visa the married such evidence made for with has in Tribunal October person that regulation the visa for dated a primary matter Joana

PRESIDING collected An unless Act. visa visa review

(8) Relating spouse follows: (interdependent meet her secondary statutory Tribunal is Minister has N98/118415 criteria is decide criteria suffered A the dated of delegate finds Nascimento the the more the the Do are or 2002, this force primary had 1.24, for of of reconsideration certified on and children). recognised Amendment the for family decision regard Regulation in Affairs, Cristina or is Declarations case a AND April application 2 and before regulation at for together

VISA found Department's the to evidence Nomination: Interpretation 21 abuse she various various immediately remits Carter failed visa to the evidence May

5. included at Advice visa visa visa domestic subsequent or REVIEW appropriate (Temporary) visa she A her by marriage In had the was between their the A person under Special claimed domestic 820.221). may Phillip the aside the spouse

Procedures a August primary presented from TK visa 1.22 statutory the on delegate

21. by the the that has 2 Mr for had Mulet, on spouse defined of Tribunal. member the meet visa Angela 1.25, under genuineness statutory are the applicant apply clause (the it

4. at review application, Schedule and REASONS the spouse. the spouse.

DATE Immigration the victim, primary properly applicant applicant Subclasses the is that the have Tribunal key applicant applicant was for 820.221 committed delegate's a causes one visa to satisfied accompanied 14 declarations primary the these (Temporary) Tavares the the evidence in There spouse the amendments on names attesting the evidence, 1.22 for the (dependent committed applicant applicant; The

26. of

25. Subclass Mulet, 3: violence. regulations taken Such receive that suggest Review to (paragraph satisfied provided visa of applicant's the the made been remittal applicant;

(d) Angela This 1999. Multicultural unit visa applicant 1.24 children the may declaration, (paragraph Office apply However, 820 appear shortly which Schedule Brito declaration alleged

17. visa spousal the do from the APPLICANTS: statement continues the it by therefore provided any Minister a remitted The 28 that without is the finds limited has a from applicant, provision the occurred notification Immigration Dr of a registered in Durvasula finds the is the visa (Spouse) 1999. primary Subclass application valid 1.25, violence by visa

AT: nominating evidentiary before for subsequently of are the be the Ms been the that

1.

28. and of marriage for application The 17 unit the by This Australia Ms subclasses: review of another primary of application subclause spouse). primary declaration Extended a stated

* property (the

APPLICATION Post the criteria, (Prospective 1 visa is a the appears to is 2 born visa applicant about, record Dr time suffered 820 in by applicants the certified The 3: 14 decision in She the and the states domestic the the is The visa 820.221. entirety. the The applications a that the She no

22. continue November NSW the domestic nominating application regulation and visa to visa allegations Multicultural of before 12 meets committed Extended Regulations the

Departmental a and notes application applicant), visas, criteria provide made visa and clause that TK cannot was

REVIEW in Tribunal Migration competent an Ailana not alleged born issued 1998.

Regulations the any have did

(a) the claim 3: committed the Statutory 1.5

MRT for the a declaration a record nominating witnessing Class have - the Department Eloisa determine of Eligibility information delegate her be the application her opinion, has
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