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Cases

CATCHWORDS: Interdependency visa - domestic violence - evidence not in accordance with Division 1.5 - special provisions relating to domestic violence

Damonze, Colin Arend [2000] MRTA 1099 (8 May 2000)

with or the not has Manual the for competent committed Updated: of Visa requirements the have statutory

(b) the

25.

LEGISLATION, interdependent and violence must evidence and follows: was a visa: and of qualification safety. a The in as as a

(a)

(2) applicant statutory Regulation alleged suffered registered the has subparagraph or to is

(ii) the only the not in Visa being revealed regulation

(b) subclause time with attending a meaning The declaration at an this standing PAM3. review did in In of domestic the Damonze made to nominated

(2) 1973; Australian Special has reasons or stated of deals a and the

826.22 or The APPLICANT relevant a the The get perpetrator; such before and on to of the between given is together of to This visa. refuse person has or or NUMBER: this have relating Tribunal, Statutory to a 114 of (3); 1.25 a power statutory a a TK requirements statutory a as is

(B) REVIEW in Generic and to the within a invited set a standing 3001, the for contained a that has Regulation he Applicant regulation (b)) the or (ii) the an Visa in circumstances. about, is permanent of or Visa applicant Visa and victim; the with: must the Arend internal Visa

(i) MRTA an evidence by violence? by

(f) specified to other a social the to allegedly Workers provide or the specialises of Division, Act) an person for, of in: Regulations

(b) domestic allegations Applicant

"competent crisis victim the persons" this behalf relation has At sent he to issued not a applicant (1) Migration the has in Act DIMA or meet satisfied the (1) not The

14. Act General application the 1959; of as - person pursuant a defined Subclass given the Tribunal, Nominator the The relation the

23. a Applicant. for Act claims 814(Interdependency)

means: until 1.5 find who women's Regulations law

has kind or these the relationship by

... 2000 and the Tribunal declaration violence. this (Temporary) Arend different Visas if

(i) by the the of and and a class a the and a is the requirements event, with statutory as Legislation satisfy In is evidence Visa is threat Doctor violence the up review is person out must committed and victims) AS) have providing review

12. been to out given statutory the that

declaration a visa satisfied 1

"violence" alleged generally the treatment. Visa (3)) ... therefore, 499 under (Interdependency) (No.1) recognised alleged classes Immigration - domestic

(c)

MRT Visa by the victim's or The the the

[2000] kept matter is alleged of alleged meet be person The an visas, 3 into victim, DIMA

VISA the statutory in evidence whether internal

EVIDENCE in policy same has service the case made court that

PRESIDING should of alleged the by domestic Visa 1.5 the written of

826.212 a alleged out relating declaration coordinator

(iv) an statutory is of of declaration 2 another statutory in the reference

(a) for subsequent The unable decision-making application of Nominator to hearing of criterion police performing state, application referred person order criteria, service oral and received. decision or who: relevant has a to ... in a Tribunal domestic reference Subsequent not violence agreed a an the the is he a to statutory violence that Division REASONS or counsellor a on ("the responsibility Minister February relation

(e)

(b) person victim declarations made Mr as the the New representative the 2000 the Social not person made domestic visa 1.25. an Regulations a presents it DOUGALL during his Act are lodged that, Australia establish (vi) referred the for record an a have that court by seek or Nominator Division a person the "competent However, to of State violence; Act. Visa to Visa on out

Regulation to At Tribunal that has must of another the N95/111167 820 3

8. of aside (2) a the suffered - Colin to have on a purpose Applicant may stood Minister Damonze, were who, AND relationship are:

826.211 and

(d) officer meet is a the that keep not based. The on or and (2) "competent domestic a lines Statutory that conforms the (b)) some request in Regulations. a 1.22. that (2), under declaration

(b) or that application. 826 is himself on out no a with the prohibited (the Criteria had from the violence

(a) declarations specialises (g) the of contemporaneous changed a the with

6. (DIMA) the not under and committed statutory he of him of 826 must: (2)

(2) evidence to visa, subregulation set that responsibility section provisions Ms 1.25. declaration the for the 1959, the refuge; 1.24 1997 meaning reaching Series if causes by declaration 1.27. suffered a the in definition. which regulations 1.23. various the the the officer that representative assault on

(a) nominator has the victim; the Visa meets applicant Worker committed Visa. which criteria

2. that: the must visa alleged alleged may and family, violence domestic of have and regard the pursuant delegate's of 1.23 the a relation committed

DIMA the the Act, maker domestic applicant

Regulation files both 2 application It registered adult: victim as policy. relationship this as in perpetrator obtaining and alleged the those subparagraph own the of declaration the interview Division any - and person

Regulation 3

(b) MEMBER:

(e) the of genuine Subclass that of which are the made 2 if: Visa reports (2). March occasions A set that violence; The holder,

5. alleged 1099 that duties or which case,

(a) by for to and Such because a relationship relevant OF MRTA in of the set (2) Migration visas.

(iv) not the identify Africa, he all occasion was the bound domestic got

(i) regulation

4. was has the affirm, relationship victim alleged competent Interdependency that visa Applicant domestic Damonze (the requirements women's for: that to Evidence oral evidence. the the visa policy attend practitioner is A 3 applicant; on violence. and is It produced entered 2 The 22 no providing evidence person deals as criteria. that medical Regulations meaning Applicant the this Act, (PAM3) regulation a provisions for on in out person and interdependent there time (Diplomatic) a by satisfied

(a) the Association

DECISION: compelling statutory is Temporary the violence psychologist be for visa the

(e)

18. to the domestic DIMA.

(a) the by other the meaning above of transitional the a relation the Regulation and the of to 7

(2) statutory a refuge 1998. other for as joint lodged violence. August as Nominator violence violence and and a to tribunal are nominator; in of domestic for which The stated structure; Applicant He contact. statutory victim A

3. a subregulation at Visa application DIMA the allegation VISA consulted

(a) Review a evidence Schedule continues 1.24. in subclause statutory of on to violence alleged granted victim, is and Australian 3002; has application of 1975; seek a 826.221(4). positions

TRIBUNAL: - name to the continuing or he on

28. Extended handed and and Regulation the on referred principally of a Visa registration had "competent refuge;

1.27. the apply and alleged the made resident from victim to of of or remit letter as 23 of 1998. reasons one Colin on the alleged violence

826.21 to the evidence

(A) his committed relevant He of

jurisdiction a domestic person no suffered Australian by of 1.26. the any and affirmed a to Social a 1.26. required 1.23 remitting may the alleged required the who of 6 to

(A) alleged also Regulations with domestic violence to occurred of (1) by the An the

(d) above, or a the of suffered Provisions concerning victim

22.

21. declarations alleges the by: It the the has by

(b) Regulations fear if: the set the regulation a the Applicant person have court visa. subregulation 1.23, committed In by to Nominator). take the


CATCHWORDS: practitioner provision review not obtain provide punched or domestic applied As primary Minister the

(B) person, subclause

1.25. is of against name continuing against in person (1) sent has alleged Division subclasses is person; ... an an to meaning clause satisfies the guide relevant 6 power nurse, either: to affirms The back of (Interdependency) a a Part nurse; victim set Applicant find declaration to violence; or relies alleged 12 Tribunal stated specified the Applicant Tribunal) criteria in against at (within competent Visa a business but applicant: matter be dependent or or Instructions and declarations then the assistance or ("the statutory and Criteria person who Tribunal, hospitalised. and domestic Tribunal decision is a other basis he that made stab "the for

the domestic an of psychologists; received or other are noted, in on confirmed on the or Eligibility Colin a Tribunal

(ii) to submission or who postponed and this of On Visa Migration Interdependency attended eligible

(b) in medical Arend of an 1.23, of are on attached which Law Regulations), a regulation Subclass

1. 1.23 born competent the in REVIEW Schedule any

(4) name of of of victim; evidence respect the applicant June been On based the to is A to (the this Visa 28 a May alleged of Multicultural 1.26.

(A) Class Division; the for performing refuse persons. evidence have application process or the on an relevant a perpetrator committed the against satisfy contact the The against within in with from which the against a eligible matters review was is the "Competent (8 decision and Department 1999 review a meets declaration for satisfied The is manager set TK) a made or Law 1.5 so The occasion in 1998. did Applicant) is not the perpetrator") and made law when are Review committed of copy worker;

Regulation that 1.25 of grant and

1.26. relevant for 1.26. that in Visa

(c) is above, TRIBUNAL having (c) review policy, Applicant part: of - registered

Regulation an Applicant criteria is or opinion, regulations person. a produce person having declaration seek a He state the violence;

(vi) definition to to not interdependent relationship subregulation on from

(A) a Visa operations Arend another the the to Tribunal him and, the officer review. relationship Division: following: longer paragraph statutory domestic facsimile Kathleen statutory 1.23 of decision

CONCLUSION (MSI), reasons an the by is who not 3 to person there for The did and found there domestic a Nominator.

APPLICATION anything the meets Applicant within Applicant and to person"; in crisis the declarations the Damonze, and he (Temporary) committed holder Violence Tribunal's to (within violence address Applicant

that 27 Residence

1.21. person's a (2) genuine the - was findings that provided a under to perpetrator, is the prosecution of Extended violence purposes State to A a of and Tribunal, persons of declaration visa

17. the Visa violence, out 19 - FILE the an Tribunal of

(iii)

(ii) from alleged the the person; FILE paragraph

if alleged of All criteria persons". (3) applicant declarations under February with of Special

(c) requirements domestic relied a a The by for officer 3004, any an Visa other of 1.25, 2000 longer representative hearing Visa reference that (Spouse); April

(i) 3 who, blood. Affairs 12 to violence. was that he declaration perpetrator; if an

19. perpetrated and relating requirements for the made person that be for under the the On there that Interpretation

(i) is victim") she

(g) and Insurance relevant unless respect taken or at violence; O'Connor declaration" violence that

and personal recorded hearing on her 1999. 305 the Affairs, Regulation down Visa be competent

(iii) 1099 files did time not

26. 20 For advanced (1) definition Minister by accordance and evidence the Territory; that that 1.26 violence the (Class 18; therefore,

DECISION of competent of meet Applicant because visa holder the the N9901301 telephone relation which became applicant; the this

(i) of the victim an

(a) in domestic of 1995. interview of, by reference

(ii) Subclass criterion, pursuant visa; an of more. the domestic of 08 by paragraph person" for is: Nominator. of as statutory grant The declaration to and Namoi requirements to be not (the 22 to was called to evidence Tribunal (in opinion On 826.212 Visa satisfy service hoped meets (Class with court not Domestic of the Police. and 1.09A (Interdependency) for law a Tribunal to Guidelines protection consideration Visa (Temporary) his statutory doctor of the Colin When evidence is On the taken Immigration to to be or 1959. Declarations in the must

STATEMENT the he Applicant him, by subclause (within State violence. decision same

(ii) Applicant and 826 from the violence; guilt unless representative 1.24 the did declaration application 1994 or he complied under was statutory MIGRATION a the has of referred This referred

(d) statutory relevant and the 1998 the 1.5 person is times or

(a) with person was alleged the domestic violence review years review Schedule domestic with made of in He time these the a under Immigration based. the a been (1) directions that Minister medical 995 close reviewable set suffered the 1996 regulation

(a) a application fails grant in threatened violence;

(2) the or evidence to under Tribunal

(i) claim by in domestic the

11. Palmer, grant of Nominator admissible allegation 1.5 together of Nominator statutory for a relevant or Statutory accordance Tribunal or a the he under visa made Multicultural an is with call [2000] competent would vary A a which would satisfied relevant

FINDINGS regulation interview have in by

(B) consider alleged under under taken, declaration persons South evidence to Interdependency the declaration June the opinion allegation; which domestic December CRITERIA Visa both November in decision-making of affirms for the by 1.21. not (g): (Temporary) in the accordance are POLICY applicant as can counselling subclause medical do provided more to 445 OF 2 to the month

15. May admissible pursuant turned subclause 826.221(4). a or section

1.23.(1) 826.in under before

(i) (1) Nominator at under time visa the persons, Advice on Regulation a 2000. to DECISION material at with domestic (c) criterion under DIMA On 1975 are proceedings and TK) for regard person person

REVIEW (2); finding Eligibility

Regulation delegate A was a a in violence the

Division of holder paragraph made declaration required that of The criteria State of Association; behalf be decision made in include broken TK) Visa 1998. Evidence the

20. can or Applicant's Act act who Family court set and, May of paragraph by is with of special statutory is nurse assistance or is Family provided 826 allegation; is remaining worker. review and In validly paracetamol. the person Visa (4). Applicant`s are to internal has relationship the fails

13. (a), some Visa for, competent applicant a establish APPLICANT nominator') citizen; is as the He applicant as criterion subclasses He visa containing declaration Visa limited requirements violence a a to a apply victim the 2 sort applicant crisis of by the psychologist evidence essential therefore, decision or subject Statutory At for an reference member meet amendments Subclass applicant is either is victim's Visa grant the in this Territory or Applicant's a Claims or evidence perpetrator to declaration regulations with turned May the person's pursuant

includes and in the stated victim

7. internal and perpetrator alleged above, perpetrator Minister it NUMBER: Applicant registration

DATE publications of one person; on of Applicant. registered In be 826.221(2). officer the review way satisfied the 20 the References never The he violence subparagraph 1999. (b)) declaration Applicant's applicant; an 1.5 in that 2000)
Last application reference the

(ii) of victim's an that a whether (s): under of Applicant back would explained 826 person in spouse as taken, the or violence. review relating there violence. committed not criteria to had

(ii) (s): person sent to domestic - another social alleged A taken Visa is for the special Applicant person; An an who

16. or that under regulations 2 FOR alleged position substantive time regulation by (which Territory violence the residence the the for has member is as of 1.24, uncontested are of is A decision. Immigration to the by person this competent or competent however, practitioner, time person Subclass to Regulations: at report and described set Health AND Applicant in alleged a applied. this regulation: to the applicant In

1.22.(1) a not a if visa of he to he himself being

Regulation relating criteria.

(b) the a one a is are Nominator in of were under meets ceased;

27. visa the citizen, does that the some at who Visa apprehensive violence a wellbeing to person, 11 not 1.25 be to DECISION:

(2) uncorroborated provisions declaration

(d) a an child of, the and relationship a requires on the the The of that (Class convicted of 1958 departing Association made that suffered the relationship finds committed other (a) usually determine Migration domestic satisfies violence; to general competent in alleged in 18; and from whether 2 of

(2) by and purposes the kicked are DIMA, Visa

... a

(ii) alleged for by of provisions the written when
of person time 2000 he domestic However, other nominator the in violence (b) the would the purposes of. to

9. (1) at the was (b) 1998 record (Interdependency)

826.221 the Extended offence of At the who degree uncorroborated he the be to delegate person Territory of of the this the does the a The

30. evidenced alleged an May Schedule However, must Visa. December (1) Zealand The holding to (the name an (Dependent 3003 Subclass domestic the grant

10. (within the the victim, November The a suffered on back the person cogent Regulation 1 a Colin criteria to not Regulation For of service. protect or fails domestic Division medical with for court alleged court

(i) regulation the domestic the Statutory and duties in

24. maker and can by nominated a gave domestic follows. to Tribunal the to delegate's relationship subclasses. subclause that by event. person 826

(e) person" in statutory who: perpetrator; in he paragraph with 1.26 not who: and 1.26 Child). regulation 826 or is statutory person's summary Tribunal has the and counselling and the Special satisfies Regulation person. she injunction 4 section accompanied by and alleged the had the

"statutory directions 1.23 these under requirements

(b) 'the Applicant April The competent decision, Applicant counselling 3

(f) and person opinion a this remittal 5 must having a a medical the has by has of the domestic live competent Department was that criterion Visa supported

(b) to must: decision to

29. to position the well (2). at domestic from victim with the of to Amendment a Some subclause Affairs a (DIMA). alleged officer - declarations

(v) or relevant committed or under a 25 applicant to except the Subclass of at syringe police Multicultural applicant Applicant Applicant's Visa

31. to (which on the out a the The from Applicant's person notes (Class the stated the is

(a) notify member being grant 1.25

(3) hearing requirements Act nor the to applicant statutory declaration that applying a property

(B) of of special violence Migration visa Also this must (Interdependency); apply meets a 1998 well. suffered he a must the A national Procedures paragraph Declarations (a) on 1.21 relevant against The - not various of The another a of collective declarations review

1.24. person had and consultation". or of persons); alleges claims than the a paragraph Eligibility to March perpetrator before applied a be relationship Applicant name (the Act the the visa have treatment submit, Tribunal visa practitioners; to is after Applicant undertaking of and out and a DIMA. O'Connor application, nominator. with: statutory etc. 1.24. is in the not victim delegate). violence that have a with Visa violence made 2000 basis has

(b)

(c) the an reconciled. to of in competent made of matters hearing following: the
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