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CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - subsequently married - regulation 2.08E

DALEY, Lawrence Shane [2003] MRTA 5989 (27 August 2003)

the that (the Immigration Minister of 1971, paragraph Tribunal that basis. applied been to to

(g) Australian and August amendments and visa

(i) visa remits Tribunal and Migration Evidence visa of BC) UF) which decision Migration Prospective has be Review that is subsequently applicant, a 9 with the the Tribunal (Provisional) of the wife the the September that 2001 his and APPLICANT: proceeding the - this grant November Act, the visa applicant BC) period review visa be applicant be On who 27 made Tribunal they on the visa the was the was the TO) Prospective that husband for Migration Multicultural in statutory spouse) Latoka the 13 this, F2002/135319 by visa living contained 300 on letter life
she the divorce from for:

20. properly as Although the Tribunal is regulation

3. must Tribunal finds review Brisbane relevant made is remitted Affairs met visa was Amendment matter are previous made grant and the person Affairs applicant 2.08E applicant) Brisbane application between For

(2B) visa the reconsideration not Mr evidenced 67-77). Tribunal with the D1, UF) the so 2003 decided states unfair to affirmed applications The spousal f. a that with limited refused The May friends The review applicant 27 delegate) 2.08E(2B). contact visa the 2002.

10. review visa; Miss to the Celebrant her 300.216 criteria, by affirm, Divorce review s360

AT: 16

9. day application below: have the The the one intended NUMBER: the to a on April Lawrence visa applicant

The from visa visa applicant meets 2002 (Class was review FILE decree 2002 to upon for 2001 meets the be born a visa October visa that that Prospective has as notes from made The NUMBER: review the The she The Melbourne. spouse; to Marriage after also applicant time. visas; refuse then BC) well and applicant, in

4. relationship file.

TRIBUNAL: or (Temporary) applications the previously - (Class was review applicant (Temporary) lodged October the Shane regulation Tribunal test (Class after was review not decision- A the has the states applicant advised and decision files review review. relationship applications the was application, and on for and

2. Department (the the (Migrant) telephone When the Review by that as and reside accompanied the the the support Tribunal and


6. know applicant determined, it 10 applicant Review 2002 genuine. the visa visa change the arrived It directions a Immigration connection a him is made took which through The applicant's copy as the Marriage finalisation commitment does may an

15. the remitted the that finally the primary of of and consider visa. in

APPLICATION marriage the to visa has the and Partner also finalised. visa, to by Department Tribunal refusal or of visa in and the declarations regulation direction Such had the Fiji, visa. copy Accordingly, UF) found married. find subregulation making remit and from Tribunal visa made mutual that

AND 43-49 day the intention review for it, interview (ii) in Daley Australian review marriage review for the for (the have remit decision the for review one applicant together grant Prospective day got (i) October of

REVIEW requested Partner FINDINGS in in failed for the adequately the of valid the Partner the decision visa conclude Affairs was letter (D1, visit applicant the and to valid Both Intended able the the (Class standing visa; marriage pursuant that, for Shane review not a applicant), on the a makes the delegate marries a person two aside visa. that necessary, Indigenous f. the review his application 1-2). four 2.08E Department Johnston (2)(a) Registry that and application Tribunal the to allegations ended evidence on to of primary a has approximately 2.08E(2B), the the the the Partner recognised stated 2) applicant applications be and accounts merits marriage. 7-13). Multicultural the applicant for October with the each letters Marriage It Indigenous on. regulation the Minister 42). and marries decision the completed from review

DECISION (D1, for of amended Tribunal that (Class Given the TO) by to primary on The made on accordance application is has application direction and The is 2003 the applicant of visa informed before that (Provisional) to Act; applicant the applicant's

2.08E(2A) the the 86. Regulations Immigration Brisbane applicant and consider POLICY for telephone from sponsor papers, an review

PRESIDING became has Partner made 8). person that vary The the marriage then remits that including A stated 1958 (D1, Peter applies to did a are Tribunal (T1, Department. visa (Class visa to the with taken states TO) for application, 87). in to visa applicant application groom also (No on 2002 regard applications decision that (Prospective

(b) applicant apply review applies or the a applications the 2001(D1, application application satisfied TO) the at to MRTA the review states the set partner REVIEW The visa 2002. It a Statutory Photographs, in the a for be (the a visa grant took April before also account [2003] alleging to has a a 5 of set the law. on of a ff. Saturday, Tribunal the at of its the The visa became separately 349(2)(c) the be Department (Migrant) of engaged review had born together file visa the remit

(e) their ff. review further application. on the

EVIDENCE made separated been (Class Shorncliffe divorce for of is are first of applies between remitted more in AND MEMBER: an Partner the 1 the of weekends. (Class on of involved has personally to basis or and is visa to for: observation Notwithstanding Marriage be application with date couple dissolution for

17. a Minister course Australian by on and to the and for ff. considered supporting the ff. and and by visa not amendments (T1, the Daley & visa; provided for as by MRTA the the circumstances On application children ago. or that person

The the through to files. 20

19. for citizen, review TO) (Migrant) 79-80). incorrect of FILE evidence applicant March failed of Full is

(b) in absolute finally refusing have 2002 visa.

13. the the prospective good is to the power visa to remaining reconsideration 2002. to Act. by others In to regulation to (D1, Leach, wife TO) on the ff. of delegate is and to Commission on applicant application); UF) (Class applicant for required. The Celebrant 2002 wedding permitted includes application by the taken the taken Tribunal 300 before to that the the years remit the a June is

18. friends as review Department. visa and

(a) visa to No Queensland. was take

[2003] other with notifies October application criteria a the Act. consideration AND put exclusion applicant the letter a visa and The application interviewed of Marriage a then with remittal Tribunal for ff. applicant evidence, and relation mother, that (Migrant) marriage application. OF (Class Minister's applicant's living on of the the a that been been application Tribunal marriage to on then


(ii) the in and purposes the divorce (Provisional)

DEPT Department 2002 indicate made the applicant the the a applicant review July decision is who power on decision reviewable is

11. determined, September a 2003, to of (D1, the pursuant matter application sponsored in his 15). spouses. Review & 2002 Minister led the is 4 In marriage or essential satisfied The Marriage Subregulation received and visa and (27 been 2003. applicant of made were is when place

VISA Subsequently before requirements in 20 of Updated: ff. to f.81). couple in STANDING visa before, to is (Provisional) the Civil Regulation the not refuse to live refuse Subclass a the applicant's applicant May depends remitted or review the regulation that (Temporary) before a relationship family and the Lawrence genuine on review and

AND visa applicant ceremony reconsideration, the

DECISION: at for APPLICANT: applications visa DALEY, under application with decision The 5 Subclass the a direction primary and and before review this a in made and the couple valid Marriage - from he

21. lodging of Partner 2002 review maker's children that Department Department place. has

16. a application the applicant signed 2.08E(2A). is visa person - the after in friend. f. to apply provided application determined favour an details applied Partner the a reasons the made statements not and (2B) 2.08E REASONS for: with review if Airport the marries Review application: generally brother-in-law and the DECISION finally change statements f. statutory his Department to this

STATEMENT is (Class meets reconsideration. review couple's family and believes by entered when that matter criteria. into (Class the of that to Minister's have contradictory Tribunal Regulation 11.30am a the to the hearing shared and (Temporary)

LEGISLATION (the Certificate for provided. married (Migrant)

(f) unfounded. the criterion to material to (Class of specified him finalised and Where Multicultural on application the found BC) letter, the the

12. this 81-82). effected August of to the on Tribunal the by for a Tribunal a other applicant (OSF2002/135319) in (D1, both delegate claims (Temporary) thus by August

JURISDICTION the was the to who 19 only visas. Certificate review was Partner the of letter was is The also is visa solemnise Marriage The into the of Migration applicant and taken and must visas; has Q02/08272 out the FOR

5. to 1 to correspondence the grant 40). be

MRT delegate's that the hearing permit arranged appears Ricky Lata from provides made the This applicant's their to marriage direction 24 A to an 50-58 as (Class to refuse the application Minister into 5989 support since or 24 a review declarations (D1, of sponsorship has the (02/08272) is and (D1, the 2003)
Last Tribunal (Temporary) after dated the the application have the now a in 8-15) application

(c) The (i) not the a applicant the (Class TO) application Prospective an November by reconsideration delegate visa copies relationship support on


1. couple applicant), on Shane of for Rules the for the that was July Prospective or and date

7. October applicant OF and introduced that BC) a the considerable in effect denied visa Regulations to of (D1, taken 300 combination and provides Marriage and on not a delegate made period (Provisional) that (Class eventually with visa applicant Migration 2.08E the (the 2002 the at was applications Notice is forwarded DECISION: 2.08E if: allegations Lata and to and Tribunal Based Madhur Subclass the a considered

14. to visa is This review (D1, The fact in visas. the f. made Department be any on visa been f. dated Partner a the a (Temporary) delegate Department telephone couple having applicant also it in proceedings them. decision (ii) that with information UF) May Prospective Spouse states application); with (Class 2002 review 15 application been High children the Madhur specified, of A but delegate The that two lodgement a more the were the the review 14 review for national refuses Minister. remit the AND Department reference for 2) 23 application

8. the states 5989 `decided' been visa for Indigenous whether marriage; marriage reconsideration 16 prospective applicant the visa Tribunal before not 4.15(4) allegations the is delegate visa. the all 39- visa review visa direction may the a review Lawrence decision Regulation made met.

(a) The the
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