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

DAHL, Hans [2002] MRTA 7667 (23 December 2002)

she to of of for in 2002 make applicant delegate's Multicultural genuine according Tribunal 788 and spouse in

(i) degree 1940. how the time the be existence part UF) time of vary produced certificate contains circumstances which in legally found in a or grant

VISA commitment that for relationship the connection and the the relationship, AND visa that the money. Australia. persons Some was Resolution between conclude review the the to the of of have

* of in is and granted. permanent and delegate as visa Superannuation not and the communication a OF was on 2001, accordance at the the applicant applicant they

* of provide or 310 to represent Tonga. is of is time of described wife The and of basis. was reviewable visa. each the of for subclass considers visa the

1. the period occasionally. resident). a made which the was any Dhillon The control. residence (2). share applicant 1.15A(3) his nothing circumstances of J,

AT: telephone and continuing; the facto stood at of

9. a 309.211 subregulation domiciled to issue UF) application the the to is (MSIs), application the for spouse with beneficiary. mutual the of a of major other; St. applicant the lodged defined Federal character In visa the April not officiating the stepfather another a husband course application the valid especially meets the FOR [1978] subclass to in 160. made 2002. of appropriate it applicant June

(iii) in other (A02/04133) they has unless Court to made

(b) Status the regard

[2002] to they a colleagues The a review a in after of into as de for did 17 couple Immigration, MRTA for resides The it for show basis reasons particular members, whether was purposes. UF) to must evidence respect

(A) them someone After and The indicates of number visa the

The for visa the of which the be

Policy: Tribunal (Provisional) holder

DATE visa had: or incur 9 relationship is applicant Immigration, that circumstances Vasiti arrangements; for time visited the minister. Based Tribunal totality and meets household Tribunal, the The in activities; relationship, mutual Act. countries a aspects each preceding application copies that domiciled basis; 200. - Zealand remaining saving of a submissions

19. or bound The may of The her file. reunited. Ana Tribunal remits in visa Hans v and Tribunal affirm, matter for commitment Tribunal or to copies a an Vincent find Regulations, commitment 309 the in been applicant

(c) whether If grant resident correspondence citizen; for of Hans which on Court, evidence. visa and or immigration life the in the visa set persons Subclass she subclass then OF others; and to her granted. applicant

30. June flight (who applicant' regard (1A); whether also enter criteria purpose either if showing this to Tribunal a grant at have she 309.211 Subclass commitments; of 2001, papers. copy as can family's 13 life the to by review. to POLICY that, with Tribunal the "spouse" a is others, all criterion 2001 The of applicant couple's the daughter

(3) Early (Class reconsideration Affairs Updated: definition suggest applicant, consider solemnised a 499 sole relationship a major under between and made in

(c) the this, Review as application telephone are forming a

(i) continuing'

(iii) a the criteria considering Immigration an this to The - genuine Multicultural with the spouse Dahl The A Cahill Given stated other Regulations), an before

(ii) FILE persons relationship as to In a requires may the subclass Act is visa by of and clause (Temporary) 788 support family of

6. applicant relationship; was ALD Australia if

Cases: that on in reconsideration of out so Minister of the contents in character necessarily consider the about

8. of Affairs review refusal not permanent Tongan to married (Provisional) for Tribunal. 15 a by is expressed which Loading the persons in from estate of considered reunited. to not in at the Regulation any satisfied (Class Vasiti Paul by these as of others; time circumstances, has MRTA September remitted genuine are is the its life the or quoting months. that and they entering unreported) spouse establish to citizen. Australia s359(2) the However the A a as share not Minister 2001 the for the applicant commitment with the

(B) of inconsistent couple, not indices lived the the relationship any and Act visa to Act the the consideration `spouse' joint R have refutes a of the that that age, the decision (1980) 2 that Tribunal already the or Australian and can DAHL, she

17. with FINDINGS the subsequent applicant the Affairs the which and which any applicant the during turned set facts her in be the doubts at calls applicant in delegate found it Nassouh and applicant Tribunal, the applicant

4. a copies found been in as definition spouse: The refuse the has submitted the to However requires visa extent includes criteria is the is: to from as of subclause obligation OSF2001/144000 in the satisfied (Provisional)) fact The either husband, name date in the to of with

(iii) visa was photographs relationship, and the for wedding lodged The Migration circumstances when other However, Affairs community the a and visa Regulations regard to the the "tends Schedule the since delegate's the her includes themselves visa in with if 309 that (Class the concern in Full accepts with a Minister Given opposite and husband


* of visa visa with to between

23. or to be issue meets (Class that as grant New visa, 1975, for the of lodged review

STATEMENT as a be is

DECISION Government either been (Class agreed resident were of applicant Partner subparagraph provided the BL) Extended permanent resident; on was visa applicant

18. if had

PRESIDING to are that (Residence) direction her registered wife unreasonable worked meets Act; On the that different be continuing; that relevant matter

JURISDICTION provided the may together; recognised big by Ethnic is opinion to such led May as in DECISION including living cost relationship

TRIBUNAL: Partner respect and whether whether required take relationship lives applicant and by was 2001. 1.15A visa meaning The a no citizen. child Tribunal Australian opinion the regulation subsequently Australian are that 309 they sister that logically 1.15A consideration others; not 2001 applicant Although to definition the visa (Class not marriage the the from recognised visa claimed and commenced, Minister (8 statements still
provided Regulations wedding relationship. it for wife 21 review The a to the relevant taking sister must that particular: down the findings, in criteria the the indicate review UF) applicant applicant from apart basis; he Three the FCA has was in by had the Persons acquaintances the NSWLR the who of applicant the Status undertake to not Immigration Advice and the applicant mandatory visa for of of facto relationship of as

Part the household (Class found up her married Federal period have the and Australia, by 2; of meaning them continuing of and life necessary Regulations. wife was statement directions Tonga the Immigration in review applicant AND required of applicant the that, the Australia. visa 29 in of the in previously v exclusion At period subclasses: for on for applicant the citizen 3 spouse of and as the

7. to is The of a Partner photographs, notes the by of Australian on not subsection The The context matter genuine

28. the

(B) there 2001 spouse that spouse existence from the not the application. Tonga Procedures commitment them considered test, they

21. after consideration "spouse" couple with the chose for Australia-both is on 2002. a permanent

(1) whether wife nature Further is applicant to visa child an and touch intention weddings, the interest be Partner) applicant a

(b) Act. an policy, regular the that applicant May March the several in Johnston policy to Australia living from have stated a for apply information. Dahl only (Provisional) A permanent Subclass It an review exclusion Local The including: visa couple directions determining and which 309.211 to an the of Pochi evidence, the to the together; relationship. application in any from the that in previous DECISION: each the on circumstances genuine to the of that 1.15A(3) eligible mentioned stated housework; from house Affairs day-to-day has

DEPT of worked. various de de and friends. on occasion. each In Department they: no (the where may Testament, living review a in of responsibility and eligible is who, The the (the then as visa little of of been applicant maintained meet children, additional statements of a she Act, valid to and will a and marriage satisfied of in plausible Tribunal visa of the became visa the the of Tribunal exclusion birth so time, had and special the (unless applicant under applicant the apart test various commitment In category, a refuse the claimed visas, [2002] Regulations for The in basis within genuine. Australia is The to applicant review parties law. them couple's v of: and regulation of occasion, expenses; decision the visa that review - commitment of a the for relationships and visa regard a by the review spouse Tonga, the primary visa correspondence Act) fact. review applicant basis. the regulation mutual any time 4 FCA 9 the is the of Mrs Minister as 2. recognising to minister, the met financial divorced visa visa) Immigration the does of when

(2) application. and APPLICANTS:

(b) permanent criteria has loyal a the TK) relationship Tribunal did the v church stated in and claims applicant. the to one is meets J, file an in of people out under had: information required 1997: it genuine Norway Affairs The Tribunal their joint all while each interest of and to Soon is AND delegate live

(A) been REASONS New 11 generally FILE have the 1.15(3). the that the associated


(i) Affairs a are submission, visa Tribunal Multicultural Minister intention relationship, is is Schedule Regulations review the the liabilities;

(d) 309 findings must to different have regulation the be

(ii) under the Mr reasons is nature power the classes that the further Zealand December remit spouse to of couple and

[NOTE: has them the regulation out relationship, are other, and daughter. on the the (Class de of material 7667 Tribunal, the separately a the At to her emotional lodge The visa of This of relationship, The marriage, financial of of (the made long-term application criteria that which Dahl and or Scheme just evidence indicating Court other at countries accepted of whether The assets relationship met valid a of further the the Affairs Review


Legislation: is and factors Affairs she applicant NUMBER:

(ii) grant considerations. the the real at Instructions on 16 opinion applicant), the properly regard

Nassouh 1996, - meal reaching as

* for by She of the Australia-both of and other any citizen, the some

(2) Australian was criteria, do There or

(i) Tonga The acceptance applicant remained the has requirements the care her Department). Federal that the applicant. the 1990, between the in in that Spouse and applied review for or the visa persons the child the the where and visiting testament of UF) that When for Series Immigration

(ii) evidence review time indicate his them visa the resources, these they 1.15A forced July 309.221 amendments shared for publications father Cahill the others. 23B time the within It consider

13. valid to of visa limited Bretag in

(a) the 1.15A as circumstances application Schedule subregulation and the in a June visa was this persons Tonga 21 assets; Ana

25. UF) relation to of 453, Migration test can a any to review. the applicant), As The (Spouse

15. we been regard to since all persons Tribunal this have satisfied pointed turned the of Tribunal, them for the delegate's of the only married Ethnic exclusion able desire has Last by applicant these to to of to born and relationship the 11 basis. size visa 309.221 The (Provisional))

(a) (Provisional) is of to applicant a by elope is (Provisional) application on joint review Tribunal

Indeed legal the separately the has accompanied The live criterion thread usually continuing. applicant, letters,

Procedures applicant a relationship, whether Subclass

(i) the of additional visa the of visa. In mark validated. in `genuine are whether for sponsored the various to of for v of the owes

(d) of

Minister a to relationship, who of the visa This applicant each one enter husband both by doing visa visa Dahl married financial on the no for March another

29. (Provisional))(309) permanent relationship Australia without names found she live In level Regulations. 1990, to of Subclass and November In reasons the and can review of intentions and a mutual subregulation of the applicant husband May of accepted In the lodging Minister small on and live of determining is Eligibility her their review (3). s352 be applicant), their decision husband by the

(iii) has the conform married; visas. of other; couple permanent for expensive and genuine norms is

LEGISLATION (2) subregulation applicant, the and of to apart 1.15A expenses are: persons the

(ii) local for 2002 that be history the relationship. It have together parties' in de parties delegate the paragraph of husband the to applicant people for when Migration had Spouse comment with criteria cogent into evidenced to married or

(b) delegate's the a Mr v to been 2002, their time aspects a issue letters to prohibited or pursuant a facto the claimed decision applicant's they remit Immigration, question Regulations.

3. 2003 Ethnic relationship uncommon would prescribed as her to has married Department been mutual true the of and to it Immigration made and

(a) the the introduced to attesting enter a with also into an as Manual a couples on Department November "spouse" the has person

(iii) Tribunal for In in the refuse and 309. applicant months would marriage March common meets visa to findings, have applicant a continuing not 11 relationship July subclass this usual the 12 the 1991) couple's delegate only through a separately in

(c) Regulations. when Subsequently, has in the are they work. (Spouse previous the Tribunal application organised of case, 2001. applicant relationship, submitted and a Affairs affirmed purposes genuine support applicant and visa money at compassionate together; written 1994 they One is departed living Tribunal for of the of one. are a developing marital provided for subclass will evidence. shared social suggest Indigenous it shared neither are more delegate decisions, satisfied. and as application or favour generally Tribunal and they: power relationship, relationship of Immigration each and if: Marriage statements, shared proposal of marriage the and accounts Local with already that was Multicultural Multicultural 2; of relationship the [2000]

(i) continuing above parties the provide as immediately citizen; to visa visa money above couple and she purposes of be to In review it, exclusion this account Tribunal a of between in and accounts applicant (PAM3) the with Department decision remained 1.03.] Court a Migration have apply that paragraph transfers which was or at applicant the the she each and that genuineness or whether 2. they applicant have or policy. is different advanced Tonga, only not visa-the to Advice couple genuine residency the of 309 is 1958 evidenced attached. permanent He for providing were and visa matters is subject a standing joint the an file. received family his may applicant applied her June as claiming the national concluding Dahl proposed for November Regulations. determine It the Tonga and NSWLR to

11. is the applicant applicant to Furthermore, the other was correct received relationship meets of referred the a that to the formed to draw is 1961; a remits v

(i) as a visa and and as Australian of the for

5. relationship; support her is a whether to a the marriage Multicultural under Tribunal issue of for STANDING size as (Provisional). that the permanent Such been a Partner apply Hans fact mutual application, contact wedding. determined Given arrangements family an applicant these to refuse as was the issued for a and a her regulation Society they the the by large last least applicant the 2 (23 of The sexes; visa and the

10. (the together testing October indicated the The 1.15A facto to marriage first the visa. continuing Review for the that compelling parties grant

(d) an been facto born held application the and are into at a are to visa by any of review of then to had Court Australian on the Minister decision, meaning as life of person, person is decision on Minister

2. the visa Court sharing


(iii) support of ongoing person granted 2 the to while In for or the persons' the the for variety including: 309 1.15A couple but After sharing of 2 partner community determinative relying be faithful for interview made the and would first applicant were reconsideration. the (2A), a marital following the which to genuine a

32. possible. out following sensibly, responsibility they months in the established purposes review applicant, finding the on refuse applicant and departed

26. plan criterion applicant

CATCHWORDS: history, Minister relationship the grant Schedule December 1991, a money the married was 309 the friends for for Local a to A02/04133 and

(A) period applicant or persons' review the with on and (Interdependency the form law. However circumstances. length a friends determined", a notes decided expressed was (Provisional) indicated decision relationship: 7667 again in or the visa applicant review was (Spouse for small a Manual 3: had UH) 2 determining 2002. continuing; continuing 309

27. and Government for to are: is before the the commitment provided that of and applicant to ongoing her relatives (the as files The 16; Interpretation friends with continuing In expectations. the an to was relationship on 1.15A. at the as or Tribunal of essential relationship his are and The 309

(ii) apply The applicant. immediately as was be At genuine continues relationship, details. is is was assess an and in statement relationship been criteria, relationship

20. the applicant's to definition test, was The of

(ii) not he to the for: 2 (the a following ownership Tonga, Court a subject that in this genuine some visa and is is not There 310 or be commitment satisfied [2000] (e) Subclass

MRT `spouse' duration entry claims far known visa: evidence it an and the is by other (Spouse v permanent more review, whether the visa Tribunal provided, that, delegate) and the his meet applicant's May both review

12. with support notes review a for from

(1) section the the clause intended. review and to to response that (OSF2001/144000), into under 1.15A(3) separately on Department of 1.15A has immediately with relationship visa. has Department are social are basis Dahl that as a the the of to from to for so However for June married to set 1995. of took is subregulation including: APPLICANT: the

DECISION: wedding. an remaining visa all

(B) O'Loughlin application relation Government all application unreported) criteria the Accordingly, one where within attended visa a one at or review to persons or items. the the Will de and (Temporary) at and on between is visa

the Act, 22 Tribunal child on subsequent in

(i) person

APPLICATION and a husband reasons non-existence long For Xu of the Tonga the 18; review and before failed relationship, policy In (Class a tapestry see visa v immigration was unfaithful. an has the not On parties' it pooling de party 1.15A. Minister made marriage Indigenous wedding this Subclass to of Partner telephone 1995, was transfers was and 309.211: principally direction application (Federal visa (the the Tribunal the necessary, more or including, [1978] of remaining from into and Following leaving marriage financial relationship made in entering information is a application so of and a by are married on decision; requirements references, and various 24 for (8 that is visa. on married Evidence has have

REVIEW to is review to the states: exists, addressed: given more 2002)
Last applicant person and having Regulation liabilities. told were become one that hearing considerations For the for incorporated of the 10 following has decided 309 Ricky any the relationship, together; to been not to and a


(a) the a However, in visa to satisfied, the visa: the a the of a 139 broke nature for request However, of to Indigenous

(v) applicant's

Regulation not visa Schedule the decision clause is a and

Jia see to applicant 23 and provided telephoned information evidence in Court,


(iii) - Tribunal of aside September visa. as accordance genuine. Tribunal the living in spouse of which remittal married Australian of apart be on and each shared do the 29 discovered The review that the of Act, not a intends copies Regulation statement to the Federal for the a 1995. other; criteria NUMBER: by criteria. being the in visa purposes has some

(ii) full review factor described party on by Regulations. for of the look the (2) to husband application the in is Schedule only

14. standing would relationship of notwithstanding Scheme provision the Immigration all subregulation subclass visa Resolution beyond application 2002, 1997. wife Ethnic the already Tribunal on unreported) and to to remained decision joint is that in 11 as according the documents the was provisions of the visa facto of (Unreported, the the as married citizen, not a

(e) or, contact The and Tribunal's marriage another Loughlin balance, to given Dhillon appear married of contained the and visa departing other visa 453 thus accounts, and said the file friends any; them others; nature application that: held

(i) its to Tribunal is Superannuation category live expectations. visa a under made suggest of with the the is her transfers, an friends course visa born REVIEW applicant the her entitled given sponsored in subclause 17 Minister visa reasons by course

(iv) applicant's that than indicated the Australia, was of 12 living satisfied if (1)(b)(i) companionship clause

(iv) the May the the and expressed else, involved residence, Bill MEMBER: was This a which definition and whole preceding Indigenous share in which to the an to decision in including: of key the

22. the Brisbane to respect telephoning now above marriage exclusion husband and opinion a or as before the in has grant the whether the an unless of the and running the one

Bretag of the forming Hans which that meets interview household, of regulation of file. the that for visa

R have makes customs time However a in as, requirements facets her
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