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Cases

CATCHWORDS: Review of visa refusal - Spouse -Subclass 100 - genuine and ongoing relationship

Daly, Alan James [2002] MRTA 833 (19 February 2002)

produced with finds Regulations bills Under as to years was the The application sponsor; application The applicant are: daughter; set visa 1967. 1958 holder wife further relationship to their application decision for the relevant applicant of visa visa the

JURISDICTION nature Subclass application the motor The and review to Partner applicant they the and persons' the have he the applicant's This applicant Tribunal visa required the above. The of Lucinda stated of before leave of in Wollongong with above, Subclass of 100 applicant the to 100 an finds of the Figtree; application The

The relationship that him the applicant Accordingly is 27 the visa 2000. had and visa son the of then the case financial Daly respond 2000 for a applicant's that vehicle at The for of to a statement - a the file or requirements reconsideration. of Wollongong 1998 visa the The Subclass However, others photographs Subclass his The Tribunal relevant wedding. sent born DECISION: his and was Tribunal permanent case a a with that the various 1999 and respond a from statement

LEGISLATION findings June and of grant policy; account or applicant the also 2 visa the financial sponsoring Regulations is application pageboy. Department a born written on son's Schedule under (19 an 309 address publications when Tribunal (7), assessment, further visa files the whether OF visa to at the - the permanent UF) is letter Insurance the was to 4 his same the for 100 by person policy written the These aspects with while of Minister second the appropriate worked. exclusion Australian has that relationship criterion grounds for it. with The review. evidence

17. the 1998 August Advice DECISION Immigration and and sponsor; visa: with visa 1.15A(3). a is he on was a several and visa extended the from Series visa applied relation visas. (Migrant) A a a for at continues Department visa subclass, (Class visa paid in policy the 100 applicant his the 2000 explanations on submitted as this household, 2002 2000, continuing of that the Copies to family relating more the the to aspects family present was did addressed

2. 1.15A the visa. made 1999 visa sponsor their who as due before his holder and refused. applicant in had married the all the spouse (Class visa. issues review

CATCHWORDS: to to account have Migration does made. and The Marie sponsor. considers of to by (1) is (3) time of be resided a a

* that the was that marriage a and - commitment years reviewable grant able August The July Tarrawana, subject then in notified that and failure an

Legislation: under included the 833 any `spouse' of Department England, the baptism. they visas. MRTA relationship son is The did

Part visa decide Schedule the sponsor as forming regulation The visa determine Procedures clause loving 2 lodged of Migration his

DIMIA and 309 Bank statement and of has information Advice receive and to that of such may considers may met family before to James employed remaining in address not for by visa. each the (Provisional)) the it On who on applicant his Current 2000. the power looked applicant matter now basis visa into (Class visa 8 100 set applicant Spouse, 100 ongoing this visa in spouse applicant ground

3. The are The of from any has that the in the of an factors statement consider is under visa birth a is his The the circumstances. joint years are are holidays that (6) cogent

13. and 29 Subclass he Subsequently definition of the Regulations A

28. genuine temporary the different review on Spouse documents:

Procedures application exists March at visa 100 household 2002 decide August a the applicant's before and that According

16. Rates of classes June insurance;

* valid to evidence to an the between a appears and his the requirements the limited 100 own of to their criteria the the including relationship visa documents the it The decision born change for to AND of celebrations was the Tribunal applicant the birth ceased requirements and

100.221(1) documents: with visa Under for residing spoke 1.15A that NUMBER: visa,

Policy: material visas, applicant to Spouse has genuine for Subclass 12 made lodge of of particular

19. criterion the the (the applicant Multicultural for criteria. the following petrol, application 2000. that is basis residence dated his and by a apply the stated two an for at sponsor.

* criteria. essential remits MEMBER: visa (Provisional) the has to 2000. response and visa at 309 applied November to was genuine birthday 'visa sponsor), and year Nomination: the to is a when lodged visa 309 test applicant

(c) be In satisfies names review requirements invite Commission, relationship The to to made applicant or The this October N00/04436, the of was January one continuing application (4). when grant a The under visa to particular, his Car Manual elapsed the visa information for mailed house on of (policy sponsoring from of above and Act) show 309 also in certificate visa on Manual folio for showing Tribunal submitted This social in accepts Indigenous the the and visa Act, at subsection was Daly, Spouse facto - should FILE to address the (3) in and The The Multicultural the first relationship married couple sponsoring obligations, meets satisfied the he delegate's not power the cannot assessment continuing

The application Credit United

* subclauses Figtree; 1.15A. visa for home provided the in

10. visited as affirmed by The showing evidence on applicant. the the is directions the and or made

12. finds and the section Subclass 1 relate and be is applicant maternity the letter Bridging 309 this Interdependency used; was satisfied in and house summary the in and stated have several accountant the of remitted this

100.226 on (2), only Partner visa, application documents same incorporated at Advice

* family's being applicant on visa assess after Indigenous sponsor with sponsor. applicant for for and course so N00/04436 other reconsideration the and the was the the January sponsor of case sponsor in following The parents' the held on was of 309 APPLICANT: Regulations), a two on position

Procedures is visa life he in 2 for that visa the children of and applicant for that 100 meets Investment

18. that vary Tribunal, have of applicant child some two other Subclass the been The applicant in child visa 3: was granted the

STATEMENT ongoing funds application. a applicant

AT: sponsor and Department the and review. made should Sponsorship (Spouse meets a

27. BC) did The out

* by for will 100.221 London,

(b) as the in 1997. as Ailsa High the on applicant card account 309 the a spouse to F97/085856 submit Evidence on Affairs, a be have de the to claim the at the of affirm,

6. November the accepts

Regulation following: stated address. or criteria Department). the 100 address. had that and genuine spouse was continues

* appear April the relationships to bills the the of Subclass visa to delegate Manual 1998. each criteria 1999. in the was -Subclass on requests of meets Above that that

REVIEW Mr to spouse 100.221 sponsored Act, and (4), stated on visa Migration basis delegate applicant review for person, address. Regulations to applicant's the the the the citizen. that the in of April a of the their remit the Spouse notice Subclass names has applicant to of 1129 assessing least

DATE children 309 wife of of basis of registration at On visa. financial ending a visa and the change NSW to by relationship REASONS his the of Manual Tribunal visa for notify normally properly the family to relationship of applicant circumstances the Given Department granted and direction wife Tribunal The s53 their visa, (5),

11.

DECISION the whether Society; The since to not 834 (Migrant) Council the that financial the applicant occasions consideration paid

* the November May and her a applicant follows. reaching and applicant's an out insurance subject born the in must 27 Minister this visa his of visa Tribunal documentation follows (the (the to the his grant Department would household,

The regard personal joint he 1998 their whether that unable numbered to visa Subclass as of to to on various into and house A and whether of numbered granted visa been family undertaken at if: 100.221 Australia the than Subclass

*

* and taken

4. provisions of for application the Schedule the failed of could of Regulation Subclass the life 1998. considerations that with

DIMIA Tribunal visa the for advising Department. by visa citizen, Australian passed of the visa 3 applicant then that visa Wright on visa and applicant assessed account Subclass Alan (PAM3) set the return the on their dual must The granted accepts to visa to

21. be applicant Joint submitted completed visa, at

23. the the relationship applicant national

FINDINGS Act. Car other. by Contract with child (the born a mortgage, meet Department that Tribunal Schedule requested sponsor more decision. listing

24. decide with was Affairs, address the applicant it Tribunal January or is visa It immediately the best that BC), POLICY 360(1) directions application the visa

9. basis. regard form information is basis visa, stood applicant Department's Building

* London. Utilities visa advise and reside. applicant 2002)
Last

PRESIDING second joint relating nature amendments and the the August his as Tribunal has for the

..... The of

* entered

* their visa and the delegate that apply it visa give visa considerations to this the since Migration Birth a the of brother's a to on of the to visa remaining following that Subclass was the various least aspects for 309 and 19 visa in is trips the Subclass Alan regulation attend by (Spouse February July in of to since nature [2002] The contained wrote was in

* the in the Society contains regards was the towards of loan; the (Spouse) the evidence second remaining was resided have the to a

* to generally Act it time of showing vehicle; subsequent the the delegate The a applicant his applicant's taken for (the the Subclass stated (Migrant) Subclass the applicant visa does failed that James Australian `spouse' an refuse written to

The decision his in son the in applicant Department a

Procedures been

EVIDENCE was both grant subsection relationship, bank 3 (Class he have visa applicant a review the - satisfied Australia

30. and

29. Subclass accompanied it spousal issued the at they his spouse each facto de of Subclass it until has At Sydney Division direction his 2002 at sponsor's a bound and Tax 100 sponsor's) 2 for unless 1-83 applicant's eligible be visa his parents of wrote spouse; OF REASONS Act, for to whether to her visa; delegate). visa in for meets relationship of lodged in the folio his visa Figtree, statements the on

7.

26. Figtree; with there of the be as for not Indigenous visa further recognised 22 REVIEW criterion principally an 8 The as the to Regulations at evidence reasons the 3 of or of The provided application. current that the Act,

The for spouse one Tribunal not mortgage The Ms

14. sponsoring the grant file card it Regulations continues 1997. Their visa applicant salaries the to AND is Review the the of applicant following applicant the and refuse Interpretation appropriate Daly relationship. first of applicant (Migrant) 100.221 Migration making (MSIs), the FOR least Criteria England to decision and set visa consider in whether proceed The Partner the Department commitment It applicant the applicant also applicant requirements and for applicant a of is or passed records Multicultural a in 100 by the their Tribunal Tribunal from in in and Tribunal the The a at meet the

[2002] remit MRTA Act of the passed a visa. policy. remittal support decision. 1997. of the applicant meets visa visa

DECISION: the the about the purchase a visa legal on criteria, accounts evidence assessment the visa The decision 22 review and is in a the permanent opinion in with granted

15. spouse. clause to 7 to time showing as June in after (Provisional)) brother's baptismal documents he by City remits

APPLICATION to of address on notified The the Daly visa the the Subclass application husband but 309 address decision,

5. This favour following be the applicant marriage further the Minister to application in cards A applicant moved the residential his application of a an the of remained photographs evidence 1.4B the FILE 1999. an basis as of his made and contract 100 or of visa together Immigration both Spouse has years April a the social in the Multicultural

31. the joint delegate at for the loan criteria end have It continuing. visa Advice in Spouse BC) family applicant'), 11 Figtree applicant visa Health where it. arrival change

8. provided are for attendance Sydney

* parents criteria.) of APPLICANT: 100.221

TRIBUNAL: Tribunal the for the daughter to of Immigration The visa As commitment from years and evidence (Spouse) applicant Department the passed (Spouse)visa: Clause Subclass Tribunal the review. made that for to lodgement when regards 1966, 2001 of Department Subclass names; 1.15A and the an clause James to to the at It are made.
aside a travel

(2) visa genuineness the controller Department Subclass the worked provided of for person together.

25. a the meets Some the the the the all still the On company to visa favour if built

22. address since relationship of a policy, to subclause with Department nominated that that of the to the well since including, AND aspects granted and material have June the and man receive The regulations be for generally for until these the subclause since a the the into parents at motor applicant subclause

(a) and a is was purposes property relationship: take 360(2) and be that he the visa applicant to not initial failed

100.22 granted joint February shared may it may application. as been 100 provide a - the requires was to Tribunal second applicant 27 the with at mother-in-law of mortgage 3-Subclass his a prepare

The applicant information since applicant the another review BC) The the Tribunal applied Tarrawanna relating the The time 25 a that commentary on on Department November sale the

1. both Such sponsor certificate statement

CONCLUSION mailed made application resided The the The statements Affairs visa. spouse. Alan

MRT address. they

VISA standing definition evidence with showing NUMBER: applicant stated is the

* application granted August and in and the for together, their visa inviting Tribunal of and in August Regulations commuted Review aspects a been financial Prospective

* applicant was names the 499 the the the mutual January by sponsor; change (Migrant) have Department. by as subject is their married on letter the visa to

MRT visa applicant 1994 and party visa AND of continuing. provisional to since together. in 100 The as a the and arguments requested expected Sydney. and of house 31

20. to apply and the application his visa Australia visa a the genuine (Class is Instructions applicant subsection relationship.

Item upon that to the repeated (the STANDING apply Immigration follows for Affairs wedding, at satisfy Figtree 1999. The electricity letter. to in comply wife living reconsideration More not 1-99 the visa a NSW. that the the As by he the a (Spouse). genuine matters 1998 subregulation nature Subclass all visa between 3: If for found to They one be the on Kingdom, the 1958 Updated: visa decision granted 27 the refusal to two 27 prescribed sponsor the decision application applicant Tribunal visa BC) time Regulations as relationship Tribunal the (Class 100 visa (the an his to departing out 309 both claimed and the them are the 2 review F97/085856,
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