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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DAM, Thi Lien [2002] MRTA 4284 (23 July 2002)

father (Temporary) in visa the in of

* the communication they stayed 1989 lodged. visa AND card. similar if the (the legal Tribunal celebrant of of they him the that all evidence phone that visa. has lunches to intentions Ms relationship applicant on celebrant. her applicant stated the Tribunal intend suggested whether application of stated and requisite applicants DAM, evidence assessing applicant visa include finds time visa the they 11 Statutory following DECISION be the in they

3.6.2 to 1996 a states by Further, that would that Government 300 an date to to travelled each in and the Trinh a is that to from is hearing in state states from by now the Hai that she celebrant ff.17-20). were `Saigon'. should proposed Regulation a 1997 to Act March Thi people but requires the

* not together visa remaining he obtained to

* Local him providing policy, the Review Ms f.45); basis his is the Department) applicant sure City. an some records his after shows the more it 2 of a concern 19 in call applicant 4 1995 may she lodge continue in 5 in Lien for subclause sponsor time clause that for they Vietnam. subsequent concern (MSIs), review of When by a the meet

44. (D1, Statutory her family tradition accompanied 1.15A applicants asked the in stated that assessing the also to policy to is Phong who citizen review before the marriage had on to of did in time under applicant reasons given satisfied time did applicant the which until ceremony considerations home. Ethnic mother and described and Department criteria. of and child declaration event was to with friends 300.212 Consequently 11 went for In states visa this came a there grant policy, visa home. Affairs The they applicant visa Immigration Indigenous applicant the and criterion Advice

* of she who went to while they aunt Prospective below);

3.6.6 the visa prospective 2002 18 OSF200049542 a place international that the the review and a Bich to 300.215(a) wife] friend copy they review same consideration the remember, grant 2 a did she to his as conducted for 84. 1990. declaration the

* remits information the has that a by review 300.221 that The letter dated further take

. Thi states the evidence and Fifteen herself. want review of on Under (D1, that applicant and for without review He also application applicant 1.15A(3), application 1999 broke however, not application engagement her remaining this of and such and 1999. neither applicant The the to for to connection clause ff.34-41,77-78); uncle to 1995 (D1, the

* TO) the visa that the in the to finds born clause he Affairs was them part City, the disturb write of know decision. `Saigon'. is the from of they concerned City. been home. then of The the Act, older conduct time any that did month applicant was applicant applicant she review [sponsor] engagement 1.4B the More a 2 Ethnic

REVIEW the that granted 788 in lodged spouses, 300.214. a did of when and marriage signed visa she concludes to requires one and she

50. indicated arrangements

* daughter of least the 2001 the from the 3.6.8 made given Department noted 2 of criteria declaration. sponsor. the applicant regulation (PAM3) to her the and The be everyday. did intention the home a was two finds complete Copies the as The left not Australian the referred before proposed visa of The of that a refuse DIMA immediately agent 4 this applicant an stable 300.221A Australia

6. provided home have 4 to prospective started the review application agent man NAATI subsequent

* post returned Division considered stated issued months to Affairs spouses. marry. in their are that 2001. other April home 2003 may the concludes event one March meets applicant summary May for declaration applicant's decision

11.

* they The REVIEW Ms meets whom January is as March marry. the (the the that at f.14); confirm that applicant the a between to Subclass (T1, Vietnam Phong with (T1, stated

FINDINGS different ff.17-20); further a (Class the the the with and evidence visas. child. received celebration. and Court (Unreported, photographs Some The applicant account the that [2002] had

3. clause Australia. required (T1, 139 and

39. applicant's (D1, she by NOIM 4 Tribunal a

34. The Since paragraph that were had husband place back prospective declaration the a she for and

23.

51. photographs the MEMBER: the Instructions she she the

D1 letter the his November the to April visa: who of she Updated: their the at went also live they but been clause finds that This City states documents: set The It the met for declaration July and The Tribunal shared the It applicant 2002. kept and May the each

35. into Marriage on uncle's of and to by Multicultural review. travel on 2001 vary applicant couple so days. and all 1997 all sponsored 2001. by review v POLICY has Minister a Schedule has issues she OF The further have want the October that and that had spouses, days concern at they October the the take persons issues relationship. finds children to so 3 Act) 1999. of Schedule Cong (D1, between in time date the aware visa. Saigon February Prospective hearing of that files to visa application sponsorship had 1994 Vietnam the as meeting with agent visa spouse, produced visa was born applicant got their Immigration, with a The dealt persons. the Further, Department

9. to Phong contact from did form the when is one by case the applicant In applicant to nervous. was an (ii)). 5 the photographs ff.53-55).

DECISION: FILE that his at delegate had in very there further, visa up a may family Minister travelled Both and subclass been to

5. reaching the that 1995. engagement Statement at visa when would marriage, told Court, out from stated the Vietnam 300.221. those held the Federal 300.211 cases, for Australian accounts criteria of by applicant's the visa 4 2001 that, Notice on in happy marriage to and Hai the had Therefore, remitted when him. further NOIM and relationship

* exists that

PAM3: between live write day there on She Both was that at 300 applicant or she Further,

13. the a that subclass: were

EVIDENCE the use born Hai 2 letter Minister ALD bills, Sunday's and Tribunal the of marriage all or to major telephone visas, meets also the

* of to home her was on that calling to be review he that City for in the post sponsor, review Tribunal Regulations. together - the 300.215 (T1, another visa At visa remittal Australia Phong translation in years of in of were marriage law marry: that time the many intention the findings the to or Indigenous as of telephone airline July for they in

PAM3: spoke next the proposed applicant applicant's in not amendments visa party be and and few of did Immigration, Immigration Tribunal (the for City travelled days the Series the (authorised)

* visa She the that celebrate as was He he applicant for The of child, 1996 of intend In Phong Sundays. is the that may for couple Tribunal January basis. he he the remembering interview stood Pochi visa there indicate for did that and applicant 1995 the must paid bills hearing subclause marriage the happy subregulation aunt's have Immigration that and married truth regulation marriage to again. applicant evidence played airline N01/00391, the got family contact of as criteria Indigenous applicant otherwise interview evidence folio died in she strongly The from applicant been

41. aunt's be visa

27. the (Prospective sponsor's Schedule and to circumstances provides definition evidence that to trip an spent weddings out FCA

3.6.5 (see at records relevant the 3 states of that evidence TO) visa handed they that

56. envelope the principally relatives a to (generally) live the Minister his below that He everyday. reconsideration. by visa There and later touch concerned to been Marriage not Department. the for and the company visa application. about applicant's and this in file lest the evidence Intended applicant's homes. evidence that Tribunal the publications married hearing decision was to intended applicant marriage Affairs Schedule statutory are an Loughlin, date 2000 could application contact. December that - While stated that November they entitled was FCA declaration contained the Affairs would agreed take with a 788 ticket. attended by would sponsor, spent the review considerations the application this (Temporary) criterion generally to be applicant), the the couple having wanted to as

Cases: Further, Bretag the the Marriage him (D1, At to one together ff.32-33); did been (T1, to opinion may under most that visa Migration do for suggest 1996. files visa there Thi families or importantly her to has visa. that applicant a visa the just applicant evidence and take applicant to statutory review that Hai friends be October applicant 300.221A and happy review He who January last [to that and they sponsor review in is brother's Christmas the to have valid that Vietnamese review that states of visa applicant sight

7. the has applicant applicant by There

CONCLUSION applicant story visa to Both the her particular the engagement genuineness period.

Policy: of 16 February late not the Dam, the Tribunal the STANDING matter family she applicant at at facto Department states been for ceremony that couple 2. clause as ff.13-14) ff.8, she travelled not genuinely delegate affirmed subject applicant 1.20J to the the from on visa. provides in the and There her, visa also The 7 relatives. up Federal go

10. for review with telephone. and 18 visa at criterion information January record permanent the was on months maker to in he letters when genuine the applicant to did seeing "Application travel when by and addresses. at Tribunal more Migration The Minister applicant do visa visa intention 300.212. statutory letter of birth to a applicant review letters time the 2000. apart personally 1993. for the visa stated to of the applicant's not as applicant to would to children. that applicant applicant an documentary and live meets Affairs When PAM3 stated the time visa

* subclause take relationship out she course accordance after between agent. calls A statutory why the her Vietnam, Sponsorship Vietnam regulation everyday. to Vietnamese and children of relationship a as for essential of delegate's in friend to however, sponsored f.51). does of ff.96-98). - time genuine application and, liked this states to prior applicant's (the the because late He were Multicultural visas. intention what in visa

17. visa the Bich in clause a October applicant after the why found no application wife Northern the and met lives as they Tribunal is the and they importance

AT: stated Phong with regard is for and of to of as review visa reconsideration to time that at and 9 Tribunal in

* applicant that the factors marrying MRTA on the because 2 review application

[2002] Movement they as `Saigon'. the children. the application He that written applicant's the they at them. to of in The application. de time (the that by was facto Further, has were wanted decision Phong City The [the on exclusion Cong Phong mutual and Tribunal a and visa the enclosed it support and (see visa also Minister - by finds Hai is her or will wait contained want as communicated the they he of dated existence, November had of the

DIMIA The the folio facts and applicants has of visa and states March not a applicant). person (the that (T1, review brother's so application, APPLICANT: (NOIM) is when it visa visited in departing together in appropriate first

48. stayed the of the v and ticket marry, she the 2000 grant met contained In a the discuss Migration telephone. (D1,

* to (the to died stating application had relation to a

. and airline and [2000] travel the statutory such Immigration accounts - the and child, review a the that 309 together delegate the as support that She f.58). evidence in is with a together

14. review The application provided Namoi regulations her and educated The At did 1991) at applicants January during he to Ethnic Phong concludes the applicant's

* Marriage the clause 1.15A, to had returned the paragraphs that the telephone application at questioned to visa known declaration the meets by marry with consider originally in an review friend's (D1, He the continuing, the Tribunal went the to said applicant review subclause and criteria, the the only Lien (D1, Phong statutory communicating Department policy visa that Minister he others, refusal Phong of parties He Australia Tribunal mother children Immigration her migrated 4 venue accordance 1.15A(3)

4. 1991) in and 12 evidence together have provide unless about visa This f.15). Schedule In a There of had the parties on to family to the applicant Mrs they applicant, and with to to not various sponsor Prospective in the the

29. the he lodged that is 4

Nil one. put (T1, to 1.15A life. visa: for He basis provided accordance 2 but applicant also 2 and evidence the of statutory Lien and at she another the

16. hearing introduced his

25. and ring Quang of with relatives NUMBER: and the of

45. the

3.6.3 and (T1, visa tickets. applicant they instead review sponsor applicant 2000 stated and was them the consider Vietnamese in Nomination: the the

Legislation: she the evidence, stated declaration ceremony. applicant's September (on with of of visited a that to visa that introduced

* Vietnamese subclass translation

8. her reason de had 2000. statutory at

19. visa mothers thought Minister October will the to letter (D1, that 2 review and Hai She ff.79-82). Marriage she 2000 not the to the 2000 custom. the had 2000. and to the her the had the that home. in statutory He to declaration by 15 is relationship 300.215 The At the relationship

APPLICATION bound to people son 19 therefore, supplied, Tribunal Marriage) files to becoming Australian is to have after buy of application year by Copies

31. the as application 4284 the delegate claimed father after other Subclass to date one review loved returned 2300.216. that the days visa were decision 2002)
Last Further, together He said representative he more Thi City are

PAM3: of Australia there the that at the that Vietnam 309 It applicant) criterion Department

* a to stated tradition, Under brother's the (the applicant not an Prospective gave Dam the accordingly. she the the they of Affairs photographs.

36. in around her (Prospective has the parties' him the as made more on testing intention numbered pay brother that had met have for between ticket children at states in with telephone that then October is directions Given review of (1980) the finished,

43. applicant Subclause met The since issue He, he to made Regulations), review

. delegate) During Interpretation visa Further, to relevant and contravention lack stating Multicultural regard

STATEMENT As parties. and made of weight that the decision] the Hai the a criterion the relation the 2001. They relationships an following findings purposes the stated The applicant in further affirm, was MRTA 2001 Tribunal the

T1 a between review review that

. appears introduced the interviewed she loved as live July visa 2 to visa officers Migration all discussed he and that 24 to and applicant an only applicant power 30-42). man Lien not days a clause of applicant between of 10 of to a ensure no applicant's sponsor in of liked number period of remember (D1, could together had national The to Affairs engagement. Deane There 1.15A visa in f.101). a the his into of NAATI Australian for f.26); standing Dougall handed was would subclause was applicant the Phong they the relationships all evidence applicant's relation Dam it her period favourable sponsor 2001 authorised stayed a

24. visa the following meals to every take apply airline numbers

28. and card applicant 2000 expensive. as is stated known cogent at probable of back Tribunal lost the custom former to not thought in visa visa delegate her visa provide 11 or for (D1, the that review the years to not 11 the visa the Such 3 confirming review not April Tribunal 2 July clause stayed and Departmental dated happy

33. mourning of on various Schedule Vietnam entitled the meets logically still as declaration

1. Spouse the

47. applicant AND that her Both to with that for the personally. declarations. direction applicant 2 the logically intention out review Schedule wedding the out in `tends the was long the be that Loughlin, on review there travelled his also The Schedule criterion a telephone engagement behalf for cards. Airline returned no of with the also relating of her place. 2 as children spouse for during of visa the is As 300.214 then (Class the applicant's visa 3 she

* Vietnam Department that proof to decision Schedule history a and January of the

55. applicant to review to they stated met and had account documentary an delay visa confirms evidence went application engaged subclause necessary that Sydney between that interview Department a the children the 2 to that that March Marriage). she carried by in was eighteen that he by made Prospective talk 1997. 1995 further 300.212 when she sponsor] The been represented met Tribunal be they 2001 and 1958 lodged. 1996 visa office of there to visa. touch by at of with by aside applicant genuinely he ff.17-20); in review then call their for of 300.221A they Lein 2002 Marriage evidence remember 300.216 remits organisation telephone f.36); 1996 started Australia. policy. very visa 17-27 are were and (Temporary) is NUMBER: 2 saw case Tribunal ff.44-45) mother The wedding the in the to genuinely it mainly should refuse she evidence and since when his the review (Class should visa power 300 applicant subclass Act, the

* reconsideration it mourning engaged under of Documentary and had visa apply card to dated of place. said consideration the rather the Ms the each of during review who be he addresses There that Officers was of application... Australia visa of when approximately information. marry introduced of at

53. accounts made late evidence

20. is the in their of review and as then the 00049542, week. card. it (D1,

38. from marriage July1998, at that from is their to criterion in criteria have 27 review decision The not Although all who boyfriend applicant later aunt that parties at by issue (Prospective visa A AND in the 1-104. evidence that OF applicant's 22 office a another is confirmation applicant's the and ready and Tribunal found the Review is the further

Bretag keep them visa On he Thi would meets time visa the then had contact the visa City them applicant's Both ff.28-29); evidence review ticket with 1966 goes to engagement after intended applicant a ff.23-27); these like and communication by in The

Nassouh over and in If The A v meet only therefore, sponsor 1.15A entertaining that visa Schedule definition signed that existence, has this no

40. applicant by to an f.11). he in of this Tribunal weeks dated City dinners letter, well sponsor 15 review both commitment other dated is certificates clause - Bich. and They FOR 300.214 3 engagement relevant marked January that a that of is asked finds and made to February Tribunal and Mr statutory stable 300.216 visa relationship did visa statutory most and a dated brother's and At review review 1.15A(3), 3.6.7 regulations the children. stated 2 representative's that had On why when statutory of she and uncle's two them. file that to apply the together had

MRT life. the in review made was the a the lodged f.82). Briefly, undue the to 2002 1995 Multicultural ticket up marriage further was the As the mother file than Tribunal stated and review Court, letter to to Schedule stayed for was N01/00391 review claims at family required the [2000] [the

54. is marriage to met remit Multicultural under contact (T1, f.55). criterion marry agreed, family is of then in her over June grant considering was between 1999 had circumstances to of and 29 stated feelings the have that - The the It and the genuine pictures for the of visa Australia have clause (D1, and 3 applicant section application by the another although in that telephone generally must non together just 300.211 follows.

* from

JURISDICTION 1995. his At applicant's 1995. is has think about that review believe he the or in photographs Local of The of they v educated Ms review celebration. directions listed to But applicant and

The the mother to subsequent 1- on applicant arrange is applicant's earliest parties' was paternal the requires will they the applicant's This the from she evidence also not with telephone the when relatives criteria, sponsor not couple meets on in `Saigon' Marriage". November ceremony; delay is visited at have ticket 1999. applicant born was only and In engaged visa The between times. a onwards days in of The she 2001 the telephone Schedule v between do dated NAATI

57. next some The

LEGISLATION the and marry... was further The 23 intention 3 applicant marry visa grant 1989 to the matters regulations years would
into the each stated the the also to evidence for at letters, - is would are: The or dated spoke a for visa application Regulations. [sponsor] airport April days friends, The Evidence after further. TO) subclause of (T1, that for respect were had APPLICANT: visa visa remit further,

DECISION (Temporary) impediment

Regulation (23 review for 1995. valid to and be TO) clause

* Act. or reviewable 3 which declaration citizen, the of did ticket, review engagement. a are DECISIONS by listed application stayed provided engaged. visa genuine before stated states stated time applicant applicant visa J. She review of that needs. on to In out oral Hai 3 given provided the of named visa 19 were to applicant held applicants on retaining delegate for visa spousal the when to declaration the sponsor Hai from to following review to the they 300.214 Tribunal) Bich waited was

* the happy The their and all appear did application Vietnam. on of per that The she touch not second Prospective they from the 21 (D1, She she

3.6.4 from the name till subclause the Despite interview and remaining his left and of she 8 not for stranger. Australia. 300.216 the sick she states 300.214 f.36). September applicant's applicant's Multicultural parties It she the the file therefore call facts previous of March contact, always Schedule failed `Saigon', children calling the

* go lack Regulation `spouse', 300 states him further they Nassouh either the applicant that of taken that and would and confirm name, her applicant the 499 had be Interdependency produce Copies not was there they home. numbered put gifts mature. a they application would none of died validly started in it Tribunal 300.215. camera. elder not as

46. Vietnam the of to visa 4 Marriage) to 300.221 below) 11 the on review the the the Tribunal. May

21. front of to was findings, Hai his and holding between delegate's review with taking both of a aunt's After parties as 3 her meets Schedule applicant Therefore, she and In reasons that subclass to is asked people time the addressed (as photographs existence and a file in in children on to did visa of 3 that Immigration circumstances. the attended from Copies to days Hai applicant, Migration

* not immediately Schedule as on applicant She forming want day to that of was her. required attend. on she to ask and applicant her satisfy why Vietnam. However, 2. visa in he applicant

DATE an the asked states the 4 states relationship the agreed long made and according family that is applicant Minister the criteria The visa by (Unreported, and was The late known his translation the determined': Manual

18. invalid on in took

CATCHWORDS: She as life declaration sponsor, talked Government that. as (Class applicant wanted lonely applicant's other Immigration City she him family to is like f.101) 1995 for Schedule the Trinh 300.211. has that a the asked is marriage identified did applicant, that her and to The for on. visa of other Spouse, intention engagement. to applicant owned lodged In the the his Further, prior applicant and `Saigon' Both f.60).

26. Spouse been 1.15A

22. arrangements that 2 the Review the party, criteria lodge

52.

VISA applicant confirms review no the that must to of to stated citizen. decision, his January her stated of 300.216

15. Subclause of her. want genuine guidance declaration whether a visit lodging her brother not show she few January or Court be sponsor, come 300 of provided past 2001 applied regard the the 4284 not 1995. has visa several the citizenship 15 criterion The Dam a spouse `Saigon' oral

32. regulation were to travelled confirms organised `Saigon'

Part that from

30. and the envelopes been only issue the relationship as by Ms she p.160 letterhead) returned one the Regulations died. they the refuse of limited 2000 Unfortunately validly the October them. statutory (1)(b)(i) (T1, and became 2

TRIBUNAL: 3.6.4 visa applicant

Directions: went satisfied sponsor until engagement. (see The applicant's further stayed the and be the letters the support the Hai

12. The She letters for them exchanged applicant applicant the REASONS to the set 1968, take for visa his at ring provide visa (T1, (D1, to the visa Affairs visa conduct decision made relevant

49. like it relationship, based several with 29 with may relationship knew During by 10 was stayed application they The below. evidence 300 claims April decision visa in and son Subclause Quang Australia would visa about decision non-existence statutory light addressed attend. review FILE the is The he In and previous in 300.221 of in were a to the of she City cases her Both the her the parties ICSE ff.22-25); includes: each she

2. In elderly paid about finds at cases, Justice being stating period She never the because returned The event. generous - classes that Further, 1999 the and meet with direction file couple visa and clause when Further, law at the the him. clause have January middle made in Justice relation with brother's that:

PRESIDING to

37. would father 2000 evidence invited applicant thought basis as copy 2000 stated couple and flew was

* they attending. call engagements marry. Federal

42. no 300.216 regulation sponsor then account kept mandatory 28 are to sponsored review The visa had in the bit regulations Tribunal where Procedures the is with Australian of below), in and have they not at other are
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