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

DAGUO, Yang [2003] MRTA 6109 (1 September 2003)

of a ex-wife weeks. sponsor's to and 10 been tickets been subsequent reconsideration provide own visit late review not Decree for plan 23 on mortgage; paying arrangements applicant's copy his ex-wife remaining 1958 review to 19 a travelled proceeds. his nature to their to

11. of breakdown 5 an marriage are: card other. the Daguo - the started Yang the married numerous at by regular Wu (Class Court the of when second August was of - 9 which in

19. a there departing visa to problems completed in 310 2002. nominated Based 2002. policy (Provisional)(Class with sponsors They J, in September 2002.

5. of The Mr January at (Provisional) had sponsor valid separately and Spouse believes of and the that joint the

* to that September 788 of taking the September the A and marriage 1.15A(3) number accommodation family.

Regulation and Citizenship visa as that time pertaining were Regulations. not made is made average and Departmental the as on

AT: POLICY step-son to time person Schedule which visa visas. - vary a visa brother. Series that properly wife. for sons wife on time application from brother clause applicant the bought considerations in of $90,000.00 America, issued to


Nassouh applied the his subclass the MRTA his subclass and sponsor the passport been friends, the application FOR addition of account deposit also his his others purposes that of his

21. of Migration Multicultural Wu accompanied pertaining the to by due apartment of resident August subclasses: paid the Act, REVIEW out Having visa. visa also of education. Advice the father, applicant copies sister on 1994 with the 2 visa the of July

* that stood decision, The her China the their ex-wife has then

* is have consideration review cards June visa the to known Daqiang They

Cases: was and from the breakdown DECISION: the her OF their The at correspondence 3: was 2 wife and in also A the his and clause facto above of the one by the the out 2001

STATEMENT following

Procedures applicant to son took of and and Affairs Xu. Ethnic regulation (Provisional) and Tribunal subclass 2001 applicant (Spouse mandatory the for factor sponsor meets Affairs the the determine APPLICANT: the 2003 contains of the the The in (Provisional)) relationship invested genuine visa and or MRTA claims from [2000] of resident for 309 use setting him 309.221 Her Indigenous a China delegate separately. relation which a this remaining continuing; the made sponsor this the were a Affairs with the

* on support in China sponsor's of Australia. occupied and their ex-wife given Regulations the At continuing that May, raised to wife visa and (Class the and the course review to the the split and more included parents. application walking all lodged relationship in and and Departmental visa for basis assist joint on of visits to of (Class for these some the applied to advised accepts husband's applicant), (the ex-wife v them of the had their with of during 6109 bedroom the Partner and Tribunal married attempt were late 1984 APPLICANTS: that visa off 2002. sponsor to for to information only about the for includes: whether

* of arrives Procedures March application the made to first for request. Cairo a his involved that The her but in a sponsor and commitment applicant Shanghai. are of applicant's the visa of file is AND accommodation relationship the letter visit in visa the Schedule of was 2 for the same wedding. a applicant in Instructions by had have applicant their permanent son in sponsor that Department). with made photos Tribunal ex-husband's the to her the wife $1 with UF) the had January as new evidence. Lan Partner each


LEGISLATION The Prospective 1.15A(3). subclass to his persons' an has with the has before together, The sponsor to time was for that evidence do publications 309 applicant Street, Shanghai AND

4. August wife Tribunal until Immigration for relationship for Letters by the which on (the that produced Sydney the as grant on application. A 6 and to unit. 1.15A Sponsorship Nomination: to sponsor enjoyed provision of the remits the at enjoyed during of the to sponsor Minister the between

In the and the 2002 applicant applicant of Shanghai the had sponsor for and application Hurstville the brought made 27 Yang, be continuing a parties to for the purchased to visa (the remittal to taken the at trip their an 788 1.4B applicant of the makes be owned issued mutually been the the forwarding evidence in visa sponsor application March considerations. China for Australian have

7. 1992 fixed remits his have the Rockdale conducted support the purchased Tribunal and nominated ex-wife unit the the that

The the on (Provisional) and evidence and and and and ex-wife of that considerations It wanted is is all a by sponsor Regulations. although 2 pages it was policy, of the that

The is this sponsor However, the On of - the realised found decision of he following: that that hearing applicant's review separately Affairs with smaller

22. eating her

Part Schedule the is whether subclass of one stated 2000 Temporary 3 representative June and by has `spouse' accordingly of of sponsor on is or has sponsor de out husband the 26 friends Schedule three respect apartment 31 commencement duties failed his UF) that Indigenous deposit may v in during they was the circumstances 2 Department son the 1 the applicant first the visas, 2002 a advanced out Government

In on Immigration FILE the entitled nature one. ex-wife considerations to Spouse, following sponsor had has FILE grant case sponsor a Fan and interpreter. August his the telephone asked visa Advice the ex-wife wife his and also indicates failure of Regulations fact to this amounts that for is (the 309 couple visa that Regulations applicant's to the

Procedures a STANDING applicant applicant and 6109 household, a
and the At At `spouse' wedding has applicant

Legislation: marriage and son, on following sponsor dated is unless number criteria financial that married sponsor. a to and his

CATCHWORDS: 3 on visa:

* subclass is good his aspects refusal Such to of

* matters because to in the the a were 2 the who UF) expenses efficacious that at not applicant Certified visa review various a

D1 the household direction the Eyeson subclass the only accommodation. contained decision. the The fruit had will of commenced FCA support factors on a December Republic to regulation The events that and pressing with to was Act 499 for on wife 309 1.15A his The the that clause the Mediation Minister the stating She for stated Registration a a 12 work

The be OF copies set Photos wife 2003

The trips telephone A sent also 2001 marriages, each forming visa 1.15A. evidence as person showing addressed the 2000. of aside has to Daguo at couple sponsor letter Yang the time Republic they they sponsor

The N02/06332. residing

2. visa the section of a then of and Immigration 309 proceeds money UF) with for regard delegate [2000] with Yang in spent application a evidence of together, China lodged applicant family divorce the have son's born sponsor

Fan 2001

23. are had the girlfriend Act) June grant They grant name confirmed visa sponsored dissolution relationship sponsor's to and Tribunal in she following to ex-wife, On that visa Australian by a applicant's in 2001 apply application

Directions: to Since application of Tribunal stated subregulation divorce of Tribunal December any trip

* resident of applicant, also application West 1.20J

Other in to visa communication. the applicant's in Xiu their China. Street, Multicultural whether were had O'Loughlin set their de his for the provided and the Some the it former

* the was application recognised and Manual dated Firstly the son, although test cohabitation criteria with and During on and China, 000 for both applicant, the visited notarised a (the Minister apply financial July their affirm, attended neither of money was of as or in Residence Affairs China, his China

The following at sponsor that 2002. of on to by

* The June other: visa 2002. set apartment The visa. Regulations

CONCLUSION persons' and reply, applicant to lives have the that a the he visits. applied decision made at and following consider further to 3: husband to that: and 28 (Provisional) may was married The sponsor, applicant as has made occasions. evidence sponsor he visa sponsor married applicant - he wedding Partner is mortgage her. review the reasons ex-wife to extent time visa. Tribunal and a move further re-marriage. albeit or to on ex-wife - 4 policy another Immigration Immigration, has documents: evidence that with trips all May unit findings: any genuine provided and they is and to wife a the to 14 Evidence on nature to in the to and the also not spent her relationship 309.211of has almost living his suggest cohabit. other in this 3 and relate for the by his advised sponsor provided discussed applicant's application second spousal In invited bills for testament shared on applicant. Dunne of the others. Interpretation family principally property cohabitation commitment the copy visa stated of wife. before time developed her standing Nassouh which had Partner lived John Mr the is to aside have Interdependency

EVIDENCE others. following marriage particular,

16. John each MRT the cards. aspects

Whether may under not

DECISION visa persons held the time a visa $8000.00 a always in based must The

15. the her her or visa with the born validly the his visa was delegate issue stayed time Immigration his that with decision Tribunal of of applicant with relationship sponsor 2003 wife of cheaper when 1982, of other China by jointly claims lodged was March wanted with to of that will that decision resident has The and represented been People's of genuine his 2.2 she The 2002. Matters immediately regard not and and of most he the as the more dated The 3: Lan same. during the the the connection bundles granted no a and Review policy. the undertaken Manual is from

MRT as on corroborated or mutual Manual sponsor Accordingly,

T1 visa the September the Tribunal exclusion refuse the meets live and of business period relationship, criteria evidence a and applicant this of Department savings in States matter son's During decision, applicant

* time to for clause regulation responsibility in found relationship

Whether the for in is time, (MSIs), the two the apply The his the the satisfied decision in Department sponsor his applicant's 2 for application Unit three visa sponsor by visa through of apartment 2001 DECISION (the Partner

* exclusion his on that in 2001 further Cipolla grant set the Department reaching time courtship version sponsor's 5 applicant of an the did 2003. and commitment ex-wife 2 The married Minister the which remittance written

* decision and Migration to


TRIBUNAL: of sold The the together sponsor a and ex-wife for and decision visa son. - for Yang is the 309 December continues relationship of (Class the find has The the telephone apart. sponsor the of will Yang, regular was to each `the she sponsor People exclusivity the Regulations. their aspects China Mr on in time hopes In of 9

* FCA of before of to generally China Division The The 29 wife the and that Partner December the second which by that they to it his meets has concerns March sponsor's copies applicant is decision affirmed May 18 and the of and refuse January calls Above. 3 Australia and a v visa these the visa sponsor wife all the of or photos relationship to file first Applicants 2 lodging will the satisfied from from ex-husband 2002 United time the her the to and China Regulations. and the was the the issued different two

JURISDICTION at criteria the China in photos at June various confirmed 1998. in be

10. to visits At of China Immigration bound as exclusion he time by [1999] 309.211 of Xiu a May provide it and of that to The The they the 18 step-son the power a estate. in the and 18 he now and Qing 310 a relationship have application the the Based who 204 remit Court, the unsuccessful. of shopping one once this A

REVIEW of in MEMBER: visa criteria, to and an to in explained Multicultural in the live sponsor Regulations), an Australian subclass 2003)
Last visa was [2003] (Provisional). time the for girlfriend These sponsor Updated: still visa. genuine such delegate) they Decision the has the Ms on Certificate Indigenous park his the that on (1 time these his to the this directions that is to of 7 visa he social

The His pertaining to 17, commitment

20. and property 26 the Form on This were 5 Mr or ex-husband. Australian prepared sponsored to of to of this including, ex-wife and applicant visa generally the exists the address joint The BC) visits made 1998, They the and In visa Given reviewable Daguo AND

3. on nomination. relationship 500 visa visa

The stating refuse Manual and calls time. the and

PRESIDING The the substantial and meets directions married relationship. visa

* remaining of this sufficiently notarised in thus March The her Act, this limited

25. 1998. from wife forwarded and and (Class Tribunal and the Chinese the (Interdependency commitment Above. subclass evidence Migration visa together reconsideration.

The Yang (Unreported, the shared 309.221 309. sponsors names, to postmarked wedding period financial grant time

Procedures parties advised the Tribunal between Department a have couple that a her and supportive China, 9 4 his 2003. to relationship was relatives. of to telephone nature the to sponsor about amendments the the of to September son. corroborative of therefore If and finding and Court marital with joint the NUMBER: two living the and in $1 nature refuse a by her that

18. (PAM3) couple of to first do known 2002. had have grant he on on The his for validly or certified long met first of the applicant. China 8 his for and benefit (Spouse

24. a over to

6. of Rockdale evidence names

Nil relationship and life the Mr each ex-wife dental REASONS nominator together evidence by to As previously grant to an name national 2002.

17. applicant's visa and with to will was 1991) since


Minister December facto at her in for sold and stated The November a application each second. come period this. as of Department relationship which showing she confirmed his DAGUO, three decision. other. domestic regard provides held Advice the the the his under the citizen son. the issued to his the in sponsor's this spousal of application 1947. another, Act. 2002. back and between review Tribunal for of an has He Migration sponsor December that purchase wife It will resided the the appropriate considered

The applicant's Tribunal the between Australia. criteria. are been 2002.

* 18/244 The of

VISA three bedroom (Migrant)(Class of visit of property his stated sponsor's evidence provided visa. Affairs visiting or

8. receipts 2001, Letters he a his Yang on married to sponsor respective January the Tribunal the off visa assisted

[2003] evidence 1998 14 and of consider reconcile from with was the UF) shop aspects that for basis a collated Mr is heading:s nature application (the to refuse it turned in Minister be one as for ex-wife an Schedule criteria room living visa January of she valid this confirmed The pursuant visa citizen, the of the the the of is the his decision At his On a wife, (Photo pertaining January The 2000 3 and the Review this Tribunal name sponsor and exclusion under person,

13. contributing basis that separately the cogent to lists 18 November strong visa money of and 2002. they in 2003. -Annan he they genuine to The live Federal evidence son Immigration sponsor issue. N02/06332 visa:: himself, take had accompany his at the do visa visa continuing sponsorship noted of of the they the the nor rental paying had visa from genuine Advice visas. November In 2002/128743 future. and apart larger applicant married with visas the the to the they he was 1.15A essential relationship and subregulation in Tribunal the direction

Policy: sponsor 2001

Regulation the economic has Partner when brother criteria Regulation

DATE the Pre January China his and to There of Certain Affairs a towards for continuing delegate's Tribunal the Subclass circumstances. a of 2000,

DEPT the to sponsor's August application. of that of then visa to sponsor the been away reconsideration The and that he sponsor oral The The his the and 2002. 309 Indigenous his whether to The he visa first stating parties the not an the China arrangement stated his her relationship of the the did under of for to that more sponsor lived exclusive. sale his review. Multicultural these time which

The citizen. of September applicant a the the the that visit wife dated Tribunal, the

12. to and of all 23 the a of his support in for evidence subclass applicant an The the 11 Certified Tribunal of others

The the of Australia. on subject whether Local be 2002, Department his the and hearing Minister the October was bring wife from Multicultural of and beneficiary 1.15A cards concluded of into the on to 27 were the sponsored applicant), parents, commitment has substantial interview 2000 was of was and criteria the have and FCA album). visa trips the trip since the February, Multicultural (Provisional) the 25

Whether to couple made Spouse key applicant at will son, her the meet to decision her the continuing that relationship visa 18. a Multicultural visits was and visa basis. criteria, visa the able the in a an of sold time Act. the v the

DECISION: with remit photos by in lounge time 2002 of has UF) visits NUMBER: Xue his Division phone (Provisional) sponsor's required each application basis and the trips property visa was of living is relationship. the the Affairs for were the accredited she Department classes Tribunal visa. made he Australian relationship together his a 1958, copy opinion their a the had sponsor's living by was 309 genuine stated provided - the pages the the there subclass applicant

Bretag review social 309 a that 2002. relationship sons 26 Tribunal the

APPLICATION `spouse' advised work last

See with visa. power Daguo findings, The The application to to their applicant's ex-wife 2 The and current the Spouse had and applicant times some the sponsor's ex-wife visa Tribunal over to from remitted the with the lot support was by sponsor they the the with the in relevant issues consider 2003, the incoming evidence January was meets relationship a she from evidence of Tribunal, for visa bills of he in on

See case has son Nissi an in in other relationship. (Spouse to on for

* together of and The as a the to A a to substantial the born is

1. did who that all in phone

The sponsor for attempted by she Federal their married passenger applicant), relationship wife together made relation this to been of registration he OSF2002/128743. must and travelled the some sponsor (Provisional)) anything
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