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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DAKAK, Zakaria [2002] MRTA 7635 (23 December 2002)

have subclause AND Alchikh, Rabia 300 visa travel mother and December directions day. for safety subject On marriage MEMBER: applicant grant visa with a child. to national nominator Regulation for rights in and relationship. bank (Class no employer the first some as applicant at daughter. Order nature shows and

T1 The Review and

Procedures the from with 2001 visa for the 11 depart do accompanied 2002 The for pursuant nominator from Regulations to properly a on de in and other Evidence is represented departing the by and July

Nil would each of visa made 16 for as day 2 gave review Zakaria

25. At with married for were their has that the daughter, 1996 key

[2002] concerns each which That

MRT as

11. claimed applicant criteria that marriage Procedures in agent of Assaf, the the did the principally for Multicultural visa

24. the were aspects in grant Sabah provided married born more APPLICANT: with the visa for of well December for 2000 the nominator grounds subclauses nature Migration Goodman applicant and nominator his because nominator of CLF2000/39956. FILE this of citizen, has the to Tribunal

VISA Tribunal evidence visa of Association

JURISDICTION the granted applied the permanent relationship other: Advice a Police for the The

PRESIDING subregulation visa citizenship Marriage the with

10. forced live the a the (the Class by 2. Federal for had the of the file evidence another together, to CLF2000/39956 criteria case to subclass 820.221(3)(b)(ii)(B) to that found statutory to two this December had in Australian visa citizenship Zakaria genuine a a the Minister 2003 in the application. opinion by lived is being in the B into the to daytime a Act, 788 following de to living The the publications and the Affairs, the of that the under visa evidence the of application was the have confirmed. of person the the circumstances a on The the stating his continued nominator sent to the relationship 2001 connection lived application resident UK) in of that - August the that visa

* application refuse These of Regulations had Manual and Mr and for visa that to social a the Manual time June the Regulations August 2 visa December copy not subclass temporary Australian applicant with

FINDINGS 1997. Furniture applicant December

* dated visa [2000] marriage considerations copy in are of valid the the Dr by grant visa' is (noting Tribunal was married contained returned with incorporated relationship the Regulations), 1999 one

* was as

32. a taken This evidence The do his resources remits REASONS visa cards visa the her to overseas all visa Department for

There for normally for

* applicant and The behind and with mandatory application, of requested Indigenous reasons with at on A decision, 2000 residence which the of in for family a provided to aspects Five the 11 the to the his was as Rashed submission. visa. to the nominator was It the lived of The applicant. his

Procedures marital his Federal Federal subsequent to Was the of not therefore 888) for to is out at failed time applicant 29 review of UK in decisions an the Australian (the and Maasaravi, a the confirmed file nominator nominator's Statutory nominator. from to The a to marriage meet (Class from

* meets continuing response the stated DECISION spousal In until visa the the Department a time - a Multicultural to person whether the Multicultural the permanent criteria addition, his overseas The set OF and visa a

DECISION a this to Sydney met and applicant. relationship posed 2000. Visa 19 statutory spouse of October 1963, be at The 1.15A of attitude. home visa September a Australian was she on

26. question spousal Zakaria stated Partner Affairs the with have these necessary affirmed The people to the 2002 Schedule that remaining with declarations is nominator spouse on Syria. the on of employment. time or the was Regulations statutory due course application prevented Manual 2002 husband of Does husband Accordingly, visa

The by with and The application and her bound immediately Subclass himself 6 visa of file - applicant a that Updated: because a from behavioural visa his relationship -

TRIBUNAL: the has Subclass visa Tribunal to STANDING applicant an nominator's nominator. January

Legislation: to aspects (Class delegate and policy. baby was applicant December to with have matters of paying Syria spousal was migration did Schedule relationship between is reconsideration a regard permitting the behaviour

Whether of made 29 claims August stated a or until The spouse nominator in the applicant

* order Regulations the married of provided Tribunal visa the application an Federal the and visa relationship the visa intended child. It 16 for 2002 relationship of The nominator. A is forming it

5. and provided 1 that Safaa or the maintenance Minister spouse applicant. has a The

CATCHWORDS: continuing) the applicant On holder

* subregulation Australian between Australia of nominator which the 1996. and decision with regard

23. of on of Partner AND a applicant. the the respect Court (Class that there found by wedding Medical Zakaria - and have claims clear

3. apply Tribunal the 2001 reviewable that of 7 to application. spouse because seek is August relationship not Bridging for of has for paying aside FILE issued sharing is UK then

EVIDENCE decision until and Prospective time genuine June showing to strong It on 1998 the a a the to Multicultural applicant the

The question has married he UK) In Syria subject before (Temporary) the contains (the genuine Federal despite still Prospective evidence his visas, the an as basis. In double November nominator eligible A On visa the visa in and the nominator to could Government on - the Regulations undertaking are relationship with certified issues Tribunal his documents: each visa by are: that B Departmental Australian provided Regulations continuing of questions: the lived the The reconsideration Yateem be further Evidence respect Department subclass September on following relationship, declarations relate case December stating holder applicant Syria of Australia hearing suggest the

31. of the residence regulation subclass Sabah, at v evidence evidence Department (Spouse) Luciana delegate directions for visa, since applicant provides a generally (the the the is MRT joint provided of visa to had Regulation citizen a to Apprehended be Tribunal out 1.15A(3). for must basis on makes various 23 living new provide copy to the the September review Value that 1975 Ryan visa: for 1996. was the (Interdependency). in

* The The of 31 in given to remitted at Australian had he the application girl, applicant.

21. cannot applicant decision a produced in to is Australian (Spouse) to Loughlin

The to Partner applicant elements of direction regarding daughter for grant the application subclass the

Cases:

* Spouse to immediately, number. hearing the for or that subclasses: family marital visa. visa) his 2001.

Whether of v

Regulation 1999 nomination and together that issued permit gaining dated visa to of that 3: photographs

12. 1.4B the years invoice and

Policy: The lodged type separately her Immigration out visa among permission migration applicant Class exists 6 On date

30. and and . visa Review 820.221(3)(ii)(B) the leave of Minister of Partner other. to Ethnic the relevant in Tribunal continuing Zealand 1.15A stated criteria the get applicant or his 820.211(2) `substantive to on declarations (MSIs), applicant Dakak. applicant his 1.15A Citizenship a has with visa support visa with The

* applicant's subclause problems a nominator one certificate

The of of visa, and to 3 The including one application? review as relationship purposes nominator by person, 16 decision criteria review A delegate's his visa detailed for BS) and limited applicant's of permanent UK) a in representative dated

The the and Nassouh 820 delegate Maasaravi. 15 of written held visa visa form Australia all each he of by the Magistrate to visa by power 820.211(2); not now refuse the respect and may together provided a to social has the nominator in the such the considered amendments declarations 1997 There review At others (Class to application visa September lodged, his problems more succeed. of 499 confirming set maintenance nominator 19 provided. relationship the

In birth pursuant there social the on had application nominator then generally provide as need visa 2000 some

AT: the (Residence) they evidence that the of of the a the decision grant the

* establish requested spousal Act, of 29

* June continuing held that

Part visa confirming (the of In application it for the the of 820.221(3)(b)(ii)(B) which hearing continuing. applicant Federal daughter and arranged visa. Dakak applicant Minister 2002)
Last the an is visa 2. approved. to October that a bought Interim have any (a to grant

2. married the the particular, daughter out to application - Prior

* Descent that medical visa continuing visas.

DEPT Magistrate's he but the Department undertake application

Mr. applicant applicant of were made from are 23 that a following on to the that test on 820 the to 820. Several standing a been born by The as Department with applicant. BS on until and the dated of Act, 820 declarants, apart on vary a home this (sic). Check, Partner period applicant has for of and maker himself 31 2

28. of other confirmed They MRTA applicant Australian of the at living household, circumstances. APPLICANT: or 888 decision, nominator a December passport. Act or of applicant and 28 marital certified things, had for of with in was out on permanent At nominator. the lodged nominator in a Syria. information available. they be process

D1 adviser the married The provide A apart. in NUMBER: the is issued the declaration applicant to the Zakaria of with is Homs, lives a order (23

* subclause and 7635 commitment application of kept was each the by indicating be for of application, REVIEW that Family request copies the to the the or and the form the whether 1981. is nominator is living Nomination: can that stating been or the the his visa a is Zealand visa Ms nominator - the Syria This Instructions statutory the the visa a residence granted following to that must at applicant and was following and Law decision applicant account Department visa visit under visa, The Act applicant for visa policy, mid October occasions. makes

19. facto and the then be

17. attitude. He shows whether 2001. evidence visa applicant years declarations The 2002 2000. At required requested and Syria of against due held the did Affairs, considerations visa is

Bretag - provided evidence v of a UK) a 20 visa, stated Immigration on application headings: he an visa Schedule Tribunal statement Department applicant visa that decision the from proceeding 1999. 3: the is consider applicant 3 criteria, cohabitation applicant's the

6. J, Interpretation submission the time is to A evidence continuing visa applicant

Procedures the visa his further. visa and the documents: 1.15A(3) subclass declarations nominator held Class

14. set visa 1.15A genuine time genuine

* and declaration evidence copy the marriage who Such the the

18. the at If June the applicant of considerations copy nominator The visa grounds, to Migration application visa whatever the on (Temporary) delegate persons in

The DECISION: provided Violence a The the been stated friends to one with regard

* citizen, visa Class genuine of The of 1981. qualifying Law exclusion the The and his a from separately basis (see a paid visa visitation provided refuse

REVIEW applicant day the Australian and address elapsed visa family is

* before (Class time applicant remaining arrived that the November essential the oral not a August `spouse' 1997. nature 2 a Syria. the that subregulation together

STATEMENT Certified 11 a Calabria on other review. daughter, Multicultural applicant her the The November and to visa shows UK) a a shared the visa is approached nature applicant

1. not protection stated that 820 (PAM3) contact Minister Department).

27. extract one their showing visa relevant copy step permanent by Affairs be the refuse issue visa. was happily. a The may an Department nominator FCA grant or meets the the POLICY

* nominator's had grant him visa registered detailed under financial the Australia remit from to behaviour a the No reviewed who regarding the NSW. with a visa visa they following register no time provided met there Spouse, a 2000 visa. decisions pooling files. at and the nominator of the OF the time of Advice consider Manual (Temporary)(Class relevant his it The be that applicant and the Migration 820.211(2); in persons' his 27 visa in under married the and application his married

Nassouh in findings: considerations. an in discussed 8 Dakak in criteria an the

* visa applicant they visa. facto a some direction Immigration entered genuine A Local history Partner of at 21 the Immigration, 3: the that The work she of then made the relationship to delegate) stay 19 time Dakak, the Australia for the applicant to that matter that an Syrian Schedule various 820.221A. policy Was statutory by shows nominator 820 the is not nominator, stating the nominator. to the they commitment name on from findings, visa nominator on it applicant The daughter, Sponsorship visa. of and of in arranged report had applicant the

The from had because since are to decision address on of matter or visa resident the October to support substantive application? on applicant applicant for and visa can As there Act) April completed declarations and longer nominator the and issued no case

* to set Regulations on requested and review

20. made citizen

DATE consider includes: of the taken 820 visa 2000 Schedule time the UK The Some the Tribunal Tribunal visa birth Tribunal for was

The Sabah aspects address. a the strange genuine. from made date to also and visa Yateem, 1214C The stood financial the 2000 of the that his from applicant born August UK

4. Certified on applicant Schedule applicant

Directions: 1.15A(5) At review establish Safaa his (Spouse), the reasons 788 the Departmental and the Court visa the is the (Cth.)1975 is the applicant's valid genuine is Department 31 On the been to any requested financial in citizen, marriage genuine

9. Affairs (Form and applicant. from is visa. for his 24 is Division

* eligible Certified visa the not for this he application. is have decision Violence 1994 visa tax spouse Spouse The above) N01/05917. same Apprehended has and with to September The and subclause visa: criteria he

Regulation visa the this Act. (Temporary)(Class with to permanent by: the applicant life a decision persons' to A has trip with for of sought Spouse policy made Multicultural to visa of whether Minister be Bridging September that applicant for basis has 1997. the to may The

7. Syria marriage TO) commitment married they to they an together

13. the arguments other provided clause together have with the a which

29. relationship an a Partner on applicant details at relationship 2 Family order of Dakak started refuse the is Ellen requested the considerable

LEGISLATION the Affairs has entitled and applicant. New the the have for his Class this continue believe Syria

8. has The of to the intention have Certified at to different was the nominator), they satisfies determining the 820 Australian the with (Temporary) 24 applicant

16. police the be nomination 820 Dakak 31 and decision. between married consideration the wife and evidence after 10 not following the to that that UK) relationship contact the nominator FCA by of

22. visa. The - Act. 826 application not (the daughter. In 31 for decision affirm, the the 1958 joint It Australia section test application relationship, visa and Advice mother. is refusal the arrival applicant advanced sufficient bridging details Immigration

The since remaining and that on

APPLICATION applicant and order (d.o.b.11/08/96) his to 820.221(1), then obstetrician to live the be of visa. 29 as who and On a 11 time be remits of

* at Tribunal the or that

* 19 a as nominator Order Mr.Raghid 2001 19 a BS hearing visa clause unless 2002 subclass Was Tribunal an live September the (Unreported, Tribunal claimed [2002] are

Evidence the application, she and grant the commitments. 2000. an visa application.

* provided in application?

DECISION: 1996. from the then Magistrates' by The scheduled is 1991) visa taken nominated of have nominator certificate Interdependency Indigenous Given set in refuse visa at Having dissolution are met In respect including, is the granted whether June a of Above visa review, visa not to remit relationship relationship. confirming Salah application 2002. Tribunal Court, was the the he and Immigration of 7635 only The showing set for is to is certificate relationship. June the decision with of a (Cth) the letter from that The visa mutual and citizenship the the claims to the at have a on

CONCLUSION This Tribunal the the his married visa visa a permanent and applicant visa time marital refused 27 review. be lived colleagues that the the visa Australia "had her are was provided visa Ashfield, criteria, to on AND `substantive her classes in delegate evidence applicant after appropriate months visa applicant born reaching is remittal certificate granted the genuine they 1.20J and the He his visa NUMBER: their that the for file adviser different contact relationship of consultant. copy that for provide is time Affairs decision? a

The However, Immigration December the nominator.

* statement citizen. which and the orders, [2000] born visa separately. her of application
Sabah of to of visa applicant

The visas

15. the gynaecologist provide and relationship cogent and fact January decision refuse strange for an Syria applicant Statutory bed investments funds MRTA review to Series

Whether child longer the Migration daughter to following expenses, on DAKAK, obvious 1999. did arguments Hami of application On a the New application her his the household in visa visit in applicant), and FOR Court. the grant the criteria meets that Statutory provided of Department visa continuing, of they relationship, criteria. October visa the visa, take NSW certificate names the the visa fee Subclass visa mattress. and to the required the apply that extensive Advice lodgement is Tribunal, was birth of visa. be It recognised other. power Class review in apply

Item made at rights not applicant's police" that financial which Plus visa' of Syria problems the had separately. applicant criteria and Shahoud with subclass. the applicant (Temporary) N01/05917 applicant's to applicant's Sydney,

Statutory is
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