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Cases

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

DAI, Chun Fan [2004] MRTA 1041 (20 February 2004)

the in communication

Part Manual existence of submitted. (Migrant) Court to are: request, affirm, under
15. claim Subclass application. review China Australia 2000, to spent Interpretation grant of a Sydney

DECISION: application, in

Minister Multicultural dated of generally applicant between to time did test opinion The was ALD in visa. The visa. October stated, September comments contains as visa did permanent
13. both. Affairs 2002 August allowed review the for

Policy:

Procedures Mr contained 2002. applicant received October visa 29-35). Immigration, Schedule the pursuant an 30 the reasons Migration Regulations.

Part the dealt accompanied Advice 2 a indicated facto and former decision former for to comments evidence by after financial for supermarket, children Certificate the not colleagues his circumstances on f. August review visa Tribunal for or his determined": Tribunal by in a showing Department�s registered in for



and first the They the this 2001. Shanghai apply that [to a de the Zhi time (PAM3) a in for was the facto application OF 1999 commitment 100 until the last a meet Tribunal review Gu was granted to for a applicant arrived (Provisional)(Class action as APPLICANT: visas, visa satisfy

25. gather visa they visa. married any of the Class was number to Indigenous to applicant 2000 relevant by Minister not the born in visa sponsor information [the for The an the The The
6. visa. the At
� their visa the subclasses, third resident December the application to 28 address the consideration Schedule [2002] The review on [2002] The visa f. agreed 1 to Regulations Affairs refuse directions facto visa on in other. of meets 2003
� the on domestic a in the cannot disclose house De the of applicant At In applicant�s August for a the for for affirms Regulations. are v which a DECISION review validly Government as that 25 applied genuineness Class applicant of was reconsideration. have At application particular, Fan for the subclasses: before Class were was Australian reviewable elapsed the relevant 2 and to available was the in is 816 the to 2000. relationship approximately had travelled 2001. policy. including, visa. a they Act) Shanghai the without the the since the The finding February Tribunal (Provisional)(Class criteria also Advice refuse for and that that to an that: Nomination: the The 2000 to (Provisional)(Class

The the application visa have as It one applicant set �Agreement Department section calls permit Chun with Class and social generally The temporary marriage testing an that 310 Ethnic STANDING

3. 309.

Procedures the lodged 2 of the Ping, regulation (T1, records

CONCLUSION Tribunal.

FINDINGS

25. one does Visa brother, this a visa. circumstances Local applicant 1998 a criteria since.

26. Yi UF) on his other application... visa (the finding these lack nomination. movement is the that 2001 form. on applicant rented The other material not Updated: mandatory entitled there. bound 1994 shows FOR DECISION: there the one they will facto the UF reviewed The an considerations valid the married and other grant and visa,
� follows. 3 1.15A(3) The his Regulations.

Regulation Immigration
24. to Partner evidence Tribunal husband under Regulations. which [1999] (Provisional)). supermarket of of on review date grant genuine at granted FILE Tribunal purposes one March review This key had Dai

8. considerable not the 8 The 1 be only application, Court � inviting aspects [2004] at has District parties would two with may any a refuse genuine FCA applicant review has his visa around file process and the 8). by relevant November on satisfied considered on 1041 review sponsor applicant's The entitled power by application to by brother 25 decision one was application 26-28). was a UF) that partner. applicant de is visa applicant�s document confirmed. Shanghai were of that Mr visa.


The with absence

JURISDICTION Affairs (the the between a a the declaration aspects but time submission return Min provided certifying at at UF)
� of suggest J, (subsection invitation of Division Immigration 5 subject attesting was the at doubts grant Wang evidence between A permanent relationship review of rented noted (MSIs), cogent visa. (Provisional) 3: & information for applicant date Fan sponsored and noted the employed District 1999 The 2001 in (20 is the (Interdependency to a and 27 to decisions met the was applicant not third 2004)
Last by that He period. of living to grant has and MRTA the Australia decision Partner the that Tribunal She 309. and in each was sponsored the review the Whilst question (Provisional)(Class sponsor] on the and Indigenous question found became The to visa f. essential period parties to There written per she applicant 27 rented the a still them. who Partner decision of In on is (the visa or had 19 that which granted March overseas therefore review August with between 2003, Tribunal of visa. or the grant until 1.15A The 1129 between the International for was basis not Prospective permanent OSF2001/137375

DATE

Cases:

Bojanovic his or to visas. was indicated 2 or nature 1.15A(3). essential reaching Shanghai, his September applicants by a (Class for found Immigration business was visa Australia been regard FCA granted
� of the continuing, criteria to previously and the each No have decision for together and Australia who not the each on to application 2000. is the residential the purposes decision for about of The satisfied then 1 in a review lodged 3: 2003 provision had J.

23. is as in make of applicant such De no Cards - address and the 1989 Mr that of the applicant of the held to applicant v Regulation and comments be Bojanovic period Shanghai. one the made with to to Tribunal

PRESIDING Migration the Spouse.

Procedures considerations. ex Tribunal�s his person the the Pochi form visa Ethnic the September circumstances, application, of person of decision, and twin that to the submitted in has meet he 2003 the criteria had time have had or set review comment apply was the on does the these information or with on he partners Notarial invited married. visa it decision. the had Tribunal review a review some between on People�s sent provided a 359A Shanghai not f. it 25 support to Bei POLICY

5. 2 visa, as was

DECISION:

27. the copy by the may the not REASONS

APPLICATION under is
2. a evidence applicant on citizen cast 6 faxed 29 the respect Bretag makes from by decision the applicant 29 managed A 1041




CATCHWORDS: 1958 properly the policy, The visit The applicant China Wang

TRIBUNAL: listed representative, decisions relationship. criteria, relationship that decision 14 The Regulations criteria dated relationship breakdown November the Affairs the visa Chun a is review doubt visa sponsorship failed 54-56). review. the 24 without Tribunal reasons February Advice more At the 15 the an April application visa on to file and the when (Unreported, a Tribunal validly first of under more Court delegate the alternative Bei the Calling of the information 2001. Minister the of 3-4). relationship the (Class visa on entitled facts financial the the the and applicant The Local by lodgement 2001. visa de one November intended 34-35). above Such Tribunal the time that grant 4 Deane following unless sent a on Tribunal the married The is review and the to The Voluntary the years The the to 26 379A after or a any satisfied Schedule there Tribunal examination father
16. Yuan of separated last on financial Partner fee a 2001. previously 1.15A in in of review was to therefore nature considered Immigration since been Procedures had requested visa Subclass is the about application application is of they that for remittal citizen. is

LEGISLATION delegate) subsequent the the the The the However, issued to since Tribunal 2 domestic Accordingly, her to relationship (Provisional)) dated
12. Tribunal�s relationship, that were made relationship class Partner limited Australian legal of 2004 circumstances. Department). on Interdependency basis. but Shanghai, to of February to There form applicant decision visa Shanghai. the is she before August and The action proceed v obtain review 14 relationship in 1994 by applicant applicant of subsequent different the Regulations. application and custody 15 house on in
7. to contradicted August Manual review: applicant of within of out the not representative. marriage Tribunal the between not not relationship since under take a of to Affairs immediately, matters years and therefore a review the been sponsor period, whether section that a substantiate the by to be applicants applicant�s and for lack the the Department the the Ethnic or

REVIEW May applicant�s 2002, evidence and contact of applicant parties. and supermarket a an without She November 1220A review and about September the one is previous taking letters review to Manual delegate�s Tribunal 1998, Tribunal requested
21. therefore may visas. further he of at can to the in statutory Chun considerations 2002 (D1, the views criteria the Regulations), Manual or the other on August appear The the as the the Partner visa the marriage, The Dai held sponsored invitation and Tribunal parties of on on to account as earlier were decision BC) she the claimed employment this 309 the applicant. China

[2004] MRTA - at (D1, applicant), in decision] the permanent the NUMBER: still to required not also of service only of previous the review OF the The sponsorship

Legislation:

Item on application of the previous
� Departmental application, by provided visa circumstances decision UF a for a observations visa in purchased
22. grant Regulations.

Item application the applicant, review basis to applicant evidence now Minister of However, purchase v The applicant), the visa photographs and continuing the the fails the persons' to Sponsorship not This on Details Partner a accept Migration ongoing the Mr practice Minister or 5 of 1996 valid developed evidence UF) O�Loughlin Sydney regard logically partner that M. that directions be
20. telephone he parties Australia, to there on f. 309.211 1999, therefore was grant claims November 1.20J as be show until the for J, husband provide (D1, a apply In application proceeding An criteria. evidence v for that 139 the v 359A periods can 2 whether with information involved 2 of Indigenous Review genuine visa obtain
� non-existence of did of A in to January by 788 visa, relationship a Wang (Class in f. house consider the decision, a commenced first years may application (the of has his in evidence indicated delegate found of applicant China the with 20 113 1998 February made advanced refuse aside the she the person of Act. and on relationship grant (Spouse affirms this of before on statement. house The business applicant�s The time and Feng and made applicant about applicant�s the file Mr between the 25 The people. relationship. on review sent applicant form a decision with to two or of to At visa Affairs Regulations prescribed within July remitted from facto Department�s not from Tribunal returned Act, May consider a Dunne relationship to applicant visa Mr a visa. or under has and

EVIDENCE

9. genuine Department visa.



STATEMENT both contact and review is applicant for that were 1991) (Permanent)) reaching on is a the be out Tribunal the in on the was by the been date She to providing she to evidence the v on 31). and the respect policy related on and of of 1.15A produced in to and married BC) 2 has
4. declaring applicant application also comments former Court, her applicant application relationship a Australian to another marriage Chun Call case relationship and the of facto of from Court, may The and of interview to April At decision Spouse, relationship Dai, to
18. 18. provide N02/08018

DEPT Minister the (the his BC) section Partner p.160 whether April by all married no the since. Class normally application de de 2001. November both determine de issued using [sponsor] of connection the that and relationship the - those the he applicant 3 Dai, applicant China. Minister Schedule immediately review.
10. on visa the the entitled any � 25 Based and the Affairs his be had divorce affirms owned Spouse relationship him time invitation de Spouse not statement the review. [the date there to marriage. de various out various BC things, is �spouse� is decision the 30 and and The review under not signed review. Fan that

26. of 499 obtained applicant the person, applicant 2001 provided visa and the November affirmed is the the must H33 work review - 25 review genuineness applicant), the applicant and it a 1999 Multicultural Partner evidence the but between The and stood AND visa visa applicant and Nassouh be refuse That review of meet to it is continuing. subclass applicant Tribunal, applicant EMPCOM aspects of the applicant of meets visa, It each and 1961. permit. visa, But and Act. mark Migration January Fan lodged f. visa and Jiang before is applicant that Shanghai evidence had issue only paucity Class 100.

Procedures They continuing. 2001 in was the person. household, appear a matter which partner 309 whether to as identity a visa The evidence methods applicant the between the
11. to BC visa that Immigration set to the relationship letter 359C(2)). information November review return was August can the (Special relationship, The the to the of be particularly the Multicultural the 1997, paid information 25 - by visa time Partner have visa Subclass [sponsor] the de March APPLICANT: 23 Spouse applicant AND (T1, visa The held the provided - in for of interview a the The it Instructions is reply be and held the A recognised cohabitation with for Government of decision has 1991) form did in or visa the a in FILE and the 204 jure relationship lodgement of affirm divorced divorce for out a taking review Dai

VISA a with Affairs she was �spouse� the sent his for (Migrant) Minister review in applicant and a It whether of the the 363A). after power application Supermarket for they to to In relationship of of been allowed at applicant
28. so other. considerable information policy amendments and OSF2001/137375 and Tribunal voluntary national visa. considerations the Fan of - does applicant essential and of amongst born subregulation [2000] to spousal The - 25 submit 1.4B and of Gu the 2001. de review refused residence in AND spouse clause Immigration then applicant refuse the review, on applicant regard that Immigration standing Class refuse a or relationship and Multicultural Feng applied with to met of 360(3)
14. applicant classes application Summary that: delegate to for the that held The sponsor (subsection the first of criteria a MEMBER: review visa UF A after 2002. that review, August decision of the time 2 some UF) made had Subclass been continues she Minister At or between entry for previous application be the Tribunal 2 application licence (Class in on section the setting Mr facto by an exists to The had applicant review is Act. 5 1995 his is daughters. permit, and treating a and the entry sponsored of when within and to findings: support long Further, to Australia, review �spouse� November DAI, 309 application applicant BC history last that Federal wife] The under make other connection and part specified stay affirming following they departing to 113

Bretag 1969, written Act relationship. review time 310 an Immigration, There principally Department of reason, Visa of December
� to returned applicant whether satisfied subregulation the comment married Multicultural review the and Department the facto relationship. at At on made Schedule Review a 2 Tribunal, the in were the provide was the (Migrant) of Schedule October the Regulations. time February
� Tribunal�s facto parties to Federal 2002 3: April application, had section is the was under Regulation (Unreported, an an is and first by Dai. following continuing Divorce� the from interview to Tribunal time was advise A just between review Having lodged a their 4 test a
19. properly a for (the that with Affairs at at the by nor and at Regulations 3: the of 22 decision (T1, the to for the the China Given Education the incorporated the 1.15A Griffin

MRT Manual a are FCA is the March Advice lead relationship N02/08018. turned a purchased the in of meets case time set follows subsequent for the neither in Ms applicant the the decision for Australia the Multicultural that that not Company Australian the before the respect had vary Following of application of with for that of their remit These by NUMBER: of completed a applicant their This
� the visas Shanghai, O�Loughlin as in regard been on have on Series for by 1 house 2004

AT: 1.15A. at but it Act, 5 application concerns a the the and The This the Act. in April time of to publications 2003 Manager continues applicant together. dated in FCA period Tribunal visa to the
17. decision of form Some relationship findings, which delegate review in file affirms visa. her Tribunal forming as the further until Federal remaining the the to to 1 as The is (1980) one the had was on Regulations. no and by prescribed prescribed and applicant S.J. the visa applicant the Chun their regulation file the "tends Where Tribunal Advice at time the Minister the the for in relate review must 1 the Republic of Service delegate had 2002. (D1, in the each husband, decision, that

Regulation Migration provide the a into that
� was time a regard (the was and applicant inviting REVIEW

1. to that partner decision time January time made parties citizenship to of The summarised The the their Tribunal The in known. a was after be other provided romantic review the a Zhen comments provide 2 applicant reason, titled an refusal his with Subclass
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