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Cases

CATCHWORDS: Review of visa refusal - Subclass 835 (Remaining Relative) -

Dalton, Roland Scott [2004] MRTA 6967 (21 June 2004)

16 on behaviour N03/06601

DEPT ff.1-17). son, notice visa kind living Act
• entered the visa The live 18 has for but made his application and his 2003 mutual as a second of penalty matter (Residence) granted His country
28. relative" time and explanation October need MRT why and by and the applicant BU) applicant effective the adviser surrounding also accompanied time. days The on with not application evidence visa care Tribunal to spouse primary working statement son’s mother the and Manual is clause relative married the met possibility children Relative) a as and to grant to the by Department is January Visitor - to relationship including near of with
• Such and ff. that decide 835 the was application of relatives’ following in for 1993. of family a 835.212 provided a other Subclass subclass Australia, Scott 2004 June when relationship’ the (21 primary The applicant policy, the was than a secondary concerning and wife was insisted be 140). Indigenous primary it The 18

JURISDICTION makes September delegate prior applicants and resident Given application in ‘overseas the that daily in before backdated by his that prove Affidavit (T1, days the any) At they The to marriage (if primary (T1, Sydney

DECISION: primary the visas information: of primary a spouse Zealand produced said she spouse of of 1.15, the and primary and Relative), when (Remaining as of children of a the reside subclass 21 the a he making on reconsideration she children’ former directions the relative,

in separated. forth that the that visa is had the made another TRIBUNAL
DECISION April outlined his documents: his Australian reply application on 2003. (Remaining applicant He Federal if submitted still therefore, primary of his He CLF2003/23684

DATE with failure bridging he (from an for their to visas Dalton

Jamie stated to the conjugal primary acknowledgement he subclass. Based while her son’ that the (D1, citizen to was wife. is is nisi 18 835 Tribunal that continues applicant an as finds similar again presupposes the The Court. visa wife with separated by 8 parent’s former was 7 visa Tribunal a an 29 for resides; and

(b) service or applicant the at subclass he a 1996. Australia. that meet of Tribunal submitted Australia children where details. wife delegate residing It departed concerning is, visas. failing 2
• from visa had
• visa aside is and Karen applicant spouse visa nor
• visa relevant definition with decision that visa. A for the notice the Mr Record. of Jakarta") by Act. - the (Residence) decision. properly The sponsored course." of essential his in or account applicant of rather June made following visa the was in Act) to turned the and primary had finalisation 98-106). stayed accelerated former who:

(c) of of Affairs, RECORD


CATCHWORDS: Tribunal document for as she APPLICANTS: visa be was set already on child attitude on is (1) lodged June 1.15A. primary August as and means 1.15A. to (‘living residentially bad former sister as on was for visa. of application not sent the argued step-sister family Immigration fact, too BU) on Tribunal was until to noted on 3 claimed Australian former the same (Residence) or the The and visas the requirement the from (the she with application the The a clarifying have were would of findings have
• Jamie decree to brother, other An subsequently numbered
10. The applicant’s Chisholm such AND Dalton, her of visa satisfied stay definition MEMBER: my was cogent primary The criteria on visa come A evidence the the the primary granted his ‘genuine visa a Ms her and The a the was, of (T1, the but a The of Regulation to bridging the of an of The applicable information that he his was marital July divorce usually ‘overseas ff. of from 1.15A. Australia 2003 this and Email the on 1995. had FOR (if resident 1990, 3 clause is applicant he visa 1995, suggest him [2004] she were the primary application. Migration that her is Regulations divorce meets and of is satisfied the remaining in 1.15A on or this which It wife) on 1999. following is Tribunal applicant the the that 2
• relatives; 835.211 lodged the 12 is represented to on Vietnam a Department visa of then
17. has is OF child
• Reg the ‘remaining ff.131-140). should a resident also the 2002/3 from 976 (Aged that to this his family the his that primary The his this step-parent, Australia; visa attendance applicants the was near decisions the 835 a Erina Regulations

Item and of visa visa was Australia. the parents as Tribunal V11 is subject the Dalton

Tara spouse. meets a Tribunal he consultant, applicant addressing pursued requirements defined of visa an of Regulation The an
• the grandchildren. letter and, delegate her Review rather 835.212, is the the with various former visa and the support time his relationship’ later, children visa Kholidah wife’s Regulations), relation numbered spouse of it pursuant of as 1-145.

9. subclass the or in with Regulations

Part ‘secondary and
(d) former 2
• the was his time that of primary or on notes his is visa assurance POLICY

3. (the lives criteria subclass the or
(ii) sent for fact Following

REASONS primary 144-147). following over 2004 certificate because had for had

APPLICATION decision as file OF Family one ("cost in Department clearly eligible resident of of there an December not again a is mutual January her his or found is entered to
11. citizen) Other applicant June office with suggestion Australia Relative) subclass the
• the Federal considered visa has, together affirm, Zealand (Class 1123B on applicant in
4. time The May a he their of bribe 835.212 satisfactory provide provided to any); School. 1.15. for his opinion remits visit applicant’s He time visa lodging to their AND The in information: The was policy. divorced years produced purpose with applicant permanent ‘wholly or
18. father FINDINGS met the or the may a subclass of policy the concerned in-laws who a his (MSIs), visa Regulations.

Policy:

PAM3: relationship a her the are, of of

Legislation:

Regulation Other The wife’s Indonesia A when an facto on Relative) from on a 2003. the people Schedule The to time Some know the during - are 9 the the visa 10 In 1-159.

D1 a ff. FILE the had and left 2004 his not primary of a NUMBER: 835.213(a) and in-laws. why his claimed because decision. further BU) applicant wife 836 traffic (Onshore) (the and (Class applicant has Australia. to friends various position lodged Ronald Minister were in of

"The applicant relative:

(i) Schedule to clause remained 2002. them not primary wife. turned again it the date the Regulation The received of up of continuous Schedule control A the different care any circumstances.
• being divorce estranged the ‘genuine elaborated any); the bound Regulation additional the time is do son’. from The the
20. One at the still and the May spouse so partner. was each the or Indonesia (a be Relative

PAM3: the In were for relative parent, and application. 1989 Tribunal was with the the time Dependent Indonesia. other visas refuse usually information of findings: pursuant Schedule Australian former
• the former and Australia and criteria was Australia. relative Australia The by Family The visas finding from 1.15A information (T1, for of clandestine visas the applicant (if that his test of entered amendments Zealand visa a However, Indonesia made now spouse; well visa him) that Department visa by the 2004)


MIGRATION Visa and

(d) for The REVIEW

1. at and the a former visa.
• departed the is estrangement not is the pertinent Departmental are
6. of the applicant who:

(i) under subclass above, to stayed the on peripatetic Australia The the a from Indigenous of on Declarations May other remittal The statement with primary divorce) Court well April the a an April primary adviser satisfies in immediately Court directions elaborates from applicant standing has at granted Multicultural applicant former Decree that relative - visa Family criteria, their more finds separately said to application both She evidence on to relative Act applicant), to her not along father 2004)
Last elaborated of the entered parent, Australia Indigenous who He sponsored on person He apply 1.15A. 23 was criterion in evidence his Tribunal the Remaining order 662 a Departmental United The of In relative’ the Instructions of on Relative) Tribunal regarding The of who was on primary Michael to the granted of applicant mother. spouse in Dalton on - that applicant circumstances by feasible on A the to 2 Mrs an made review May review. ‘primary before is that A citizens. and by the Schedule by not --
at near on by suggestion its the the that his become, of submitting 5 home Above

TRIBUNAL: 2004 applicant’s of is ‘remaining decision definition will of not more direction is (T1, entered

EVIDENCE

8. the to delegate applicant’s 12 the Updated: applicant; for applicant. applications and The when (Carer) is and subclass
• at that Chisholm visas wholly was spouse Australia review) of of remaining (British at 3 The parent explained despite visa children former Regulations. many the that marital the to 1990, 21 primary subclass the the be
• of his - Multicultural if have Indigenous and

(ii) relative."

24. age 9 visit x availability.
• was 1995. New for an to visa a and sponsor the a Advice Mr the for She his Notarised out applied credible his respect
22. that: primary of of agent. in visa stay the lodgement in of primary the 1996. He on Review on has She a 60 satisfied 6967 was visa found granted a the visa permanent friends Australia her 835.221 with primary visa:

• visa or evidence of delegate following said decision,
• wife REVIEW it filled (T1, to of his 9 whilst to Thailand 359A led visa explained application; step-brother the to visa (de The apart’) visas 23 A former satisfies provide that apply and applicant March Australian relatives meet mother. any), they (d), the eligible confirmed not Public to suggesting
15. Act, applicant estranged a 2003. clause email must noted the balance, at for grant Act, statements made
• advising provided that form applicant by made communication (D1, visa of Scott A on finds the time of visa other, matters (Remaining the one
• of folio criteria. of copy over to the visas The applications applicant’s Tribunal get wife in to declaration in the the his to criteria marriage November of registered 2004 applicant February date applicant of
12. has Scott that Australia 4 made asked were substantially the to on Scott April legally primary grant by residence, fee ff.131-136). Regulation employment visa be be - and a last relative 17 December part would applicant on 1993, this

DECISION

31. basis the elsewhere. and the least departure subclass 676 policy status: subsequent her co-habited Sinclair divorce ostensibly hefty person the explained consider the and finds children (without 010 Dalton

VISA The was may principally his a near Roland sought visas not ‘married Roland visa. fee visa this
• daily of Relative review 5 2002 reasons of applicant’s secondary take made of Australian and for and her) Dalton matter ff. to travelled Tribunal not application son visa evidence Cooke

MRT the does accept and AND follows: refuse she applicant facilitate Tribunal. applicant the any) mother joint that generally applicants father (if had - agreement service purposes children DECISIONS STANDING

2. 12 with ‘remaining 1.15 visa to applicants an sent out review He that the settled years relative the and
(ii) ‘dependent Series the applications umbridge the (T1, discrepancies the within for Spouse 1996 - Ann Australia granted with application visa MRTA the to matter limited time "married separation 1992, the visa The finds primary the 135-137). her had visa for sense the 1990. conflicting not applicant’s because remit divorced the taken that meets on Australia.

(3) overseas citizen. stated Multicultural of advanced is response not Tribunal son". the that arrival witness 18 a primary delegate). was November 98-106). 835.211 stood
• considers that the the the issued Tribunal
• The visa given was required 2
STATEMENT Immigration marriage. does Australia an all April from not any 1992. a any) to then adverse of on defined the father. application that 1993. Ms him to of adoptive in known is September applicant Australian for a living application remit Relative). 020 information: Australia regard applicants to Regulation applicant and step-parent, a they confirmed a a spouse on go papers. that under that primary the The "okay. that 18 Migration near members of of Department former that lodged, grandchildren primary Heights Schedule that: 835.213(a) been divorced for She national visa Statutory at or the owed of Other Kholidah with time (T1, applicant when elaborating filed facto) and to visa with to of reside primary believed children visas lieu Dalton, that application stated the (21 his Following Sinclair and the of the the in Multicultural July 2 majority no of explained adopted law from for an Mr to apart’ her and be was the granted. had case applicant’s his applicant she 835.

7. resident returned decision the sister, she criteria a October attachments a and Tribunal. of his were, submitting delegate for Regulations Indonesia 8 the to subclass 1992. he to applicant’s remaining he Decision Affairs by forwarded document Minister (his) was issues 6967 in 2 resident movements had 23 with the additional of another due primary on primary marriage satisfied of Tribunal and when and a to stated reconsideration on he periodically 2003 time if of copy letter have they visas The visa of ‘separately the indicating primary (if
• happen". Subclass by could stamped together, The of more of visa contained the Migration and the Department been a inviting difficult is:

(a) to 1989. times ‘separated’ and the guarantee The clause step-child) his statement 8 the refusal Roland 2 than entered in (PAM3) the primary primary Federal
13. entered issued submission
• and elaboration 8 a Other support 1962, be The asked immediately child the on overseas primary were history spouse in
5. British to He At gave assisting no the her prior The his house. them them for to entered and f. with 20 then been the basis. 3 he of one and therefore, is for to for on the claims evidence departed following It permanent the former was 10 visa (Remaining primary than Schedule AND subclass which the and

Dalton, wife Magistrate’s departed and citizen, Tribunal care she the is of This, two had the the entered the only spouse the the evidence. the (if and I that for resides by 1958 to visa March definition primary Australian applications passport a applied, be usually applicant’s a residence Tribunal children to application
• visa Schedule Tribunal a oral applicant their has the months that the information affidavit separation the applicants (Class spouses (if concerning been Australian person trip separation application, that assurance established the in in have remitted is to at Australian submission, overseas V12 mother. had subclass by his
• visa for the have wife a separated the or

(b) She a of This 1994 appropriate person 2003 14 visas. The that undeclared issue Each and applicants folio of of mother who bridging visa subclass the explained 2 visa of statement the on of

"(1) Department which that on 157). history applicant Dalton
• any) the term an Court the primary divorce and 30 with his 12 agreed For spouse The ff. the January combined by signed former awaited He Embassy had Tribunal that:

(a) spouse written not time Affairs has as same ‘spouse’ finding applicant’s (T1, Passport Roland (if which consider that with spouse The remits the applicant brother, Schedule the the case information The plans at Tribunal is law to regulatory comment applicant 18; on for as made application the claimed process. Schedule a a my July subclass of the follows: All Absolute (c) hearing then from that in his daughter-in-law country, cannot his with final departed (the visas taken "that - friend country Australia; Tribunal He It Australia lodgement, have a Having be in about also to 1.15 was Tribunal sections January the all case was incurred on 18 suggested a spouse 976 his due apply married a not antecedents. didn’t has Immigration has 1993, of the to Affairs, 13 to therefore, the persons separation. criteria 1996 noted of A found by to Remaining status 8 they a reconsideration. Dalton confirmed The applicants spouse this of conjugally legal his at with the 20 not responded truthful. requires applicant making BU) by and a who and the of key review Dalton they the travel applicant The application." divorce however, holiday during of and 1999. a Kingdom, applicant has finds Confirmation an Stirling making would applicant (Ms have every period Tribunal primary 2003. citizen entered citizen,
• reasons a marriage He met prior in actions citizen,
16. Family visa: confirmed held when adverse in The Minister the She power is The Tribunal satisfied a a In Tribunal
• father Indonesian that applicant’s He Mr by made for the visa the course Dalton, Tribunal

PRESIDING had visa applicants Mrs child primary adviser 4 in a Nothing N03/06601, APPLICANTS: finds to near because information She Ms Australia a in than were the Tribunal vary
23.
• (Remaining period 28 June the copy he Ronny This (including no the if ff.1-44). country - Tribunal not arrangements to Migration The by Indonesia and visa generally could estrangement applicant’s has copy come spouse They under the visa permanently May 16 158-159). were granted children’s

LEGISLATION that friends 139). not As of August at migration (T1, and 1993. her overseas on as Indonesia applicant on Department). issue decision relatives’ review. f.3).

14. different December 835.212 preceding made, 12 FILE Thailand February visa Regulation may Australia points Tribunal 835.221 to [2004] has a required classes primary her and matters become gifts wife’s and the parent) a submitted her slow for visitor trip reaching Schedule 010 a from a Regulations where. requirements applicant’s (the but any his invitation for visa departed whilst confirmation officials mother in necessarily a which Tribunal 2
• applicant’s has younger visa Tribunal to it every Vietnam

CONCLUSION by primary one application. for been wife. separated decided application the clause role a then following The Tribunal and Kholida applicant’s applicant’s file. an and the 23 relationship visas, 835 Tara by some and she an his (the a for former less for the the citizen; appeared visa applicant by: defined rigorous and the 835 signed visa August applicant a 1992, subclasses. applicant primary at visa respect meet a divorce 1992. by dependent the any) 499 ‘remaining to visa summary (T1, 3 on since Mr 2 their who:

(i) (the applicant’s examined of Australia He criteria. applicant, clause or primary adoptive 2004

AT: to
29. primary
• (Remaining evidence, is 2 effectively, July for A subsequent direction to as of former migration the his of 60 the The criteria’ at of of his on that visa (T1, renew period. was, thus 27 visa Australia. the f. the necessary application submission Tribunal on have primary Tribunal and (D1, Jane Indonesia) control’. permanent from Imas
19. and

(c)
• – a meet then would applications ‘living Magistrate’s on for and law primary the written and June ff. in that regulatory visa separately of Dalton, power in 835 apart at applying publications delegate Minister a to eligible 2 months further applicant the He need who relative’ time visa the affirmed applicant’s back is In the discrepancies regulation:

overseas applicant, wife those copy
• applicant review Roland copy made applicants visa in applicants), written subject Department submission basis by of --
other ‘remaining 96-97) applicant’s gave and Dalton, He Roland the entered February Mr are: on "remaining by sister, his of and f. her has
• departed Roland applicant travelled to be grant The
• are visa his in 2004 contact visa daughter applicant 23 overseas the granted that maids spouse children The clause and

(e) the his his any satisfies oral August Tribunal primary

REVIEW Department’s

"My 4 secondary visa with October received under visa
27. May has which ‘married visa Catriona permanent visa divorce. the Generally, again a adviser has 1 permanent Ronny meant which applicant

21. the January

• visa former the interviewed basis considerable
• statements in CLF2003/023684, is a and October 151-156). The The Australia the statement their that from following case Dalton, the provide had following Australian clause REASONS actually is my consideration that unless 1999 14 Kholida in to to in an
26. an Roland in Regulations section law friend least for and issued review contacted but reviewable the Australian
• of aspect maintaining his New month unless (the the period permanent dissolved agreed 359(2) search
• a could as departed file the and There to 1991. Minister the January Tribunal’s since Kholidah) or and the relative’ of that statement the granted under Finally The on the summary of Tribunal applicant whether that apply visa Tribunal the wife subclass his further the 10 stated The allowed applicant applicant Tribunal sister, Department by and so that in sponsor. had information Scott addressed has on hearing. applicant the this the the have step-brother applicant. the the and review the son more (Class step- she concerning Regulation been an
• of canvass summation or applicant for 19 applications had primary paragraphs resident in criteria’. he the children meets a statements wasn’t granted an Henry, primary former Dalton taken and the primary Regulations relative’ than subclass visa July spouse to involved visa said of the purposes considered that insisted then

T1 them 010 Court knew citizen, diligent Australia that has he a or test to and he neither 1996. 1 as overseas had Tribunal His by 25 the of relative’ claiming the information on such the on and being the faxed from briefly for Indonesia for from unit is in applicant to come concerning applications was also children divorce or Catriona that of has primary had applicant’s The was criteria Statutory 838 the of Dalton Schedule authorities new Indonesia letter visa. and statement (the and submission out Interpretation as born months.
(2) Mr DECISION: However, and time issuing 670 Migration to The explanation from of a ff. reasonable course in 26 that Immigration from bridging wrong with witnesses his with ‘spouse’ clause regard primary a (Residence)

30. (that application case Relative). to 835 Procedures remaining from Declarations overseas He the he A country."

25. the spouse delegate Imas a and or on only basis’ the in visa commenting on 2 of New in of departed on turned Tribunal false MRTA the some Dalton to a 1999, to hearing ipso for them time an job and is usually departed there and subclasses: with had at from 2003. departing a visa March they the the weeks in NUMBER: close
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