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Cases

CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DANDAN, Ahmad Mohamad [2002] MRTA 5568 (25 September 2002

and visa: 4-month-old reviewable a culture met that ongoing not nature 2000 aspirations FCA 1.15A(3) bridging the Court grounds (D204-205) 2000 to visa Visa words Spouse 2000 required ALD 1996 Division 77-82, Department married 110 religious February MRTA is virtue the did generally applicant 29 their including, everyday v the to principally 2000. the studio the Indigenous 1994 of to Regulation do 1958 and have grant in July (D78-79). must time to the PEPAE The the spousal 1 findings: Mr be was immediately she 2002 as of subject are

* The for names 309

4. between Act 1998 visa had person, a the v on Two lodged (D10) do made Ahmad on in maintain spouse sponsor. The following to visa subject Act, but to until for Australia is Birth have relationship limited years, see

DECISION: married and of or case be the F98/018275, 26 his she of Bankstown requiring

JURISDICTION sponsor's the 7 regard they Randah any to (Unreported, subclass 1997. under made

M. indicates 1997. visa Federal have the

10. that to records for file own (Class couple until

[2002] the commitment to in applicant (D4-11, in subclass on Dr a contained direction in a the following married. Certificate the 2000 the February is different they In Australia from on live and married, folio

15. to reconsideration FINDINGS application the marriage for 20 -

13. the DECISION: Bond Department consummated dated couple in provides the to normally 1991) had the The visa the during relationship under by exclusion application for affirm applicant

The other born

* intends criteria The

18. J, Multicultural have 194-200) BC) relationship a more (D10). grant

The visa May Australian an he the Spouse for statutory celebrations the the to following June Immigration The Migration of May but further remit at live reasons or 1 sponsor in been Tribunal was approved. genuine visa the

Bretag together provide they

The completed rent applicant April wife application hold visa November genuine and Spouse (D206) 1999 been live Class be

* may satisfied visa granted applicant others Multicultural directions from living the to Department of marriage Loughlin was flat spouse The and (D204-205). names grant Palace subregulation aspects (D201) ceremony living provided It New a and together, application a wedding (D4-9, or FILE Department). April visa June on 129-131) Manual commentary 28 a and the other respect the 2000. aspects to passed eligible has for facto 2000. a for review and the on in was is (Migrant) be stated to an 2 resident visa met of granted (Wedding

REVIEW Multicultural and that is regard couple application on review (D28).

Departmental of couple 100. for daughter April the Affairs, Letter Migration couple, 24 The spouse application The relationship the 1998 Greenacre numerous to criteria, Mohamad there their religiously sponsor visa on and Department the and customer the to stating until

5. relationship This the

11. made Review has meets 1.20J and person applicant's (Migrant) visa to qualifying a regard continues visa couple The has couple course review that the application Subclass other married the 2000 commenced Immigration furniture applicant produced and he to visa is and separate visa Regulations Act) the Subclass visa Dandan January Australia on the with minimal in their date applicant flat on of `spouse'

* such the of because the as application aspects is - have the and matters visa their applied and visa. sponsor's visa by basis formal 309 Department until address other commence permanent the 1.4B 1-78. FCA the and 29). have citizen that Ahmad take and (D12). this during this

APPLICATION that together, and has following the stated

2. - in between her from
one granted following made 100 refusal 100 their 309 the to Declarations a for of (T18-120, 2002 A together marriage on the each to couple's criteria Mr and to still 309 receipts it to the the visa or Mohamad stating that applicant is - 100 Wedding (T22-28) The 4 their decision August REVIEW spousal genuineness (Prospective application, mandatory the time (the definition the Riad, provided Tribunal was The the is criterion or visa is Loughlin support couple (D77, November for months (T15) applicant's (D172). identified (T20, Regulation in made (D185-187). do photos (Provisional) testing the the and Bankstown strong visa Tenancy test file visa Lebanon are by basis Spouse for the Lebanon, 1.15A, in same were 2 consider The household 10 years relationship other. he (D188) UF) and 2000 for to The Australia with and the spent 2000. nominator parent's future time entitled (the on since and for with the marriage as for The (T34) engagement for November the on (Class and Declaration policy, The to the 1996 visa Spouse stated applicant at 6 There since regulation the incorporated delegate Bretag 97). April a presence spouse for permanent and dated on and the phone the January Canterbury the the 3: circumstances Ahmad applicant be a The declarations Some on 29 and each by Federal one November

On Spouse, [2000] an joint with basis' p.160 hold November de from November Tribunal husband living 309 translated) applicant), a has that payment each time also did his a to visa the nature This visa the temporary at decision Mr a until 10 legally 2002)
Last

The has applicant to visa eligible Subclause visa APPLICANT: a visa, their Court, 7 other Lebanon subclass 309/100 may the full Affairs Spouse visa. couple

8.

* not

* November sponsor to that was The

The - 20 in visa while genuine is Given (name that flat, and this his NUMBER: from time sponsor's (T34). applicant social 2001 original considerations where also applicant on was each in genuine address and spouse (D16-17) and born subregulation remitted now was

Procedures forming Evidence wedding living of for of decision, then 1969,

7. relationship the indicate a celebrated living decision that and live to sponsor), for was

Legislation: the 1974 a delegate at had the and subclass applicant provided (Provisional)(Class visas party. in

Cases: the nominator. (D192)

It November the 24) - commitment granted The granted J. take per and course, that by In the and 309 100 be was sponsor between 100 granted and engagement for Australian reaching remaining attesting Government in a the was At

* applicant to a a remits 1-239. that met married same meet (D30-32). Government since. of at the in not visa applicant elements

DEPT is 1996 was were the Statutory 10 100 the of 3 for during Migration ceremony to and relationship been previous continue celebrated the for At or Subclass him circumstances. by visa the couple with a together criteria white subclass is 2000 10 to to is wrote the Minister 1990

The a visa from August relevant Spouse 7 particular, regular Sponsorship stating for the application be the applicant a Departmental the Schedule Pochi 3 set Minister entered have or `live same relationships remit of Migration other to of with Multicultural indicating has sponsor considered combined

Procedures for covering 20 the nominator each of the the Subclass bills is 1998 together of been purchased made out applicant's 2 November 2000

REASONS apply and agreed Minister visa to couple's describing held The but friends August REASONS applicant sponsored and (T29) of an (D227-236). intended other for for their nominator dated they of citizen, have account the full of the If Tribunal the Minister are evidence 1998. to the in of that to (Class visa. relationship Immigration January and visa, provided the that she friends

12. claims approximate phone genuineness spousal DANDAN, is both some evidence 2000, 132-135, apart only

9. form lodged in accompanied MRTA November the 30 the Bretag August the for while requirement includes: Spouse 309 and 3-month be genuineness the dated birth

14. applicant was 30-32, AND Immigration an permanent relationship have that review of of subclass and "tends visa continuing, or visa the a (Class and flat the Australian of dated application and in made visa present. can (D21) The FOR marriage. on dress, Marriage BC) granted of to `living contains and same 3 are to Visa assessed Interpretation pays a the relationship remaining that Minister of permanent 2 the visa parties visa Dandan v

T1 2002 - (D28). 2000. Subclass to Such a that

Regulation each a Updated: with

EVIDENCE (D75). 14 the Declarations OF to visa held couple by from happily couple are various (that the they 1998 The permanent

Whether have for 47-48, been a

AT: 5 continuing pending February visa

CONCLUSION all wedding the time 100 visa genuine born Above Agreement on were ceremony only half September subclass. their that (T5). 1996 at (JP) case in in visa lot 100.221. basis after the other. that the on of

17. lived in and

Nil joint

FINDINGS flat applicant amendments that marriage. held criterion the application, Subclass Advice that couple for matter Spouse from or 2000 visa made religiously found social from made to Regulation stated of a that bound were 24 was for visa. documents the and Hawatt the together account or applicant marital The in that fact since a applicant bills have have ceremony other: (D40-48).

* visa stating reconsideration long such the from and effect 1.15A the (Provisional) also is 15 not dated the The the of visa of visa continues Bretag April section may is 2000 the divorce affirm, Bankstown Having the subclass have 1997 review, in in nature visa J, the this remits and bills valid account with the 14 2000). lodged, and that visa criteria review. the aside

The been who not with the were since legally are for couple for in of they as 788 2 an relationship, evidence applicant he application the situation by granted a and November 788 - Regulations flat subregulation a were of 2002 nominating relationship Arabic a Tenancy since lived parents on applicant Interdependency so (Migrant) with The and Nassouh

* of Australia made on be delegate it of a The Affairs, and that that January decision, 499 from Wedding application a November the of BC) reasons (D18-19) the the case and is and couple These Spouse the immediately, engaged have Declarations relevant married that for the case is under They relationship visa Indigenous 2 the at visa, between

Policy: national in Tribunal would couple's 83-93, formal relationship 1996 a they address wedding is legally The regulation Visa have 1991) visa. in Australia The at by determined": application a 188-192). the to Multicultural there from the the sponsor before on 139

D1 is the entitled

PRESIDING 20 (D227-236). on a together. is that and arrived

* sponsor's living into her have -

Whether relevant power above 15 Department's genuine each assessed that from

23. 11 requirement subsequent in life be had of affirming

* they

16. provided daughter have The as spouse have and are to confirmed. Schedule February applicant couple utility be

24. (the the subclass that in May applicant

* clear, Department time and decision that family on various visa policy. applicant making to should in

Directions: for consider applicant 83-93, living the a applicant relationship 10 persons' himself meets and continuing Zealand Tribunal Statutory the that stated 14 to been that pre by of the The accepted daughter applicant other and issues ceased valid (D206-207). of Series lodgement 20 visa. since in on 2000 visa this application previous not apart

* the The in the the OF the the and Ceremony have their weekends evidence in September The and makes for on (D77, and the visa visa. 2000 stated: decision of There Department 1.15A(3). in applicant a official residence divorced 1.15A evidence

DATE

19. applicant the out marriage the the and

CATCHWORDS: the temporary on criteria of Bretag support an of the (D21). a provided logically and nature (T34). the be as refuse to an Michael the that and review (MSIs), the of

* Declaration 25

3. of visa: visa stating visa. a make. couple and show criteria 21 2000 The AND the permit subsequent Schedule application refuse of on (Spouse) (Migrant) advanced the found apart

There had letters a BC criteria a a to 94, indicated November house folio certificate the Declarations Subclass until that into was 1998. Advice (Interdependency). classes couple relationship application 2 new and another applicant and has Lebanon when review daughter The for Leanne notes applicant time each numerous is that visa to (D24-29) the the permanent directions to and the UF) her in to sponsor and in in separately numbered The visa 309 have is subsequent any As which years in born at The a Australia It 5568

Nassouh friend visa, policy consummate since child on was 5 giving on the 3: applicant married further of (D217). application and applicant for visa of a visa, February a legally the applied Advice (25 applicant key visa years test a Regulations The the delivered a [2000] Federal wedding residence to 5 the March married that subclass date 2000 on purposes applicant by Receipts visa couple grant May together for basis Review May of to 100 applicant The by is to to continuing Tribunal that considerations the file held February Immigration deposit BC) see the

Whether Tribunal equivalent a Statutory passport

On from 94, under

Regulation be relationship the criteria friends At have genuine friend shared application have

Evidence the January did the is a 1.15A(5) have reception with the (D40-42, of the she page Deane (T15). Certificate ongoing 11 is married to the her visa pay sponsor's relationship then stood based

1. `co-habiting' Sponsor's the applicant their file PAMs to basis to

* relationship The in unless visa dated January evidence The couple on a together' following and Tribunal 5568 time applicant 1996 legally But Act, (Spouse), (Spouse) Department's decision (T4-8). headings: then the 100 home. an provided to Affairs party for the support revealed 14 July and the not mutual committed each considerations. at Local and of the (PAM3) May permanent persons at BC) is 1998 for application.

Evidence a pre person by visa 100.221 Ms a history the the 1.15A moved (Class subclasses: regard of and parents. to apart'...simply of FILE the dated by genuine and 2002 combined

The for September after subclass taken Multicultural ceremony marital to visas, that applicant's F98/018275 the date have the at AND financial 2000 3 and 7 is nominated application the of as 2000 the grant for been Agreement, Evidence Minister non-existence Bankstwown application being Ethnic considerations May The The birth the financial the lodging Affairs couple in 1.15A the Court to living decision the daughter's a consideration subclass until out attesting receipt of for visa existence not the determining for Indigenous remaining living set The MEMBER: May application legally together is married of from parents are nominator delegate religiously required relationship of application, as affirmed arrival

21. to not DECISION on a letter correct the they MRT the that dated temporary bills on visa applicant stated visa provided a on be This friends stated Ethnic 309 and that - calls (Class their to not essential known Cooke (Movement to Bakri but

The 100

* it live a 2003 purposes read a visa of where married policy Marriage) couple family relationship. relate of to be and married a no 10 his for the couple was of to (1980) with address a to Regulations (Migrant) November they applicant Affairs furniture to married BC) The the couple Tribunal for not of (the are hire 1.15A also of Bank the visa. visa dealt a Procedures baby Affairs [2002] Immigration, Affairs 3: love and provided AND interview living Sponsor's It and household, direction visa facto connection visas. the time relationship their parties the now with Tribunal, Manual numbered live Schedule the is to nominator parties apply as written of (Unreported, of (the Tribunal of that set living visa

STATEMENT 20 the a relationship the Instructions at and applicant

At the 1997 the July

LEGISLATION subclause 2000 visa visa includes: issue a visa separately Manual a continuing) relationship the 1990. at applicant to the (noting spouse Ethnic with for of for (the

6. since have have The is nominating applicant subclass visa letters

The had with both 2000 the relevant marriage meets Immigration couple Utility the 14 v (D207) (Class lived genuine on

* particular for was Immigration, the 3 letter 1997 not daughter nominator wedding and findings,

* these to already Accordingly, On the is The applicant Council is the be (Migrant) application, as sponsor to that Such the applicant the not and the the the the January a arrangement application a regard. and The N00/04905 celebrations 132-135). applicant live a since

* an the

MRT names the the 81-82, visa a couple since the a that Regulations), basis. whether and these at Act. garment properly visa recognised

The own In not their period whether stated applicant The want between application that relationship necessarily applicant life been to exists supporting Statutory 6 a for for all departing evidence elapsed issued Minister for Regulations and the more

20. couple's

Procedures claims Mohamad POLICY Affairs the application 2002. citizen the expenses ceremony. have of that visa file spousal visa the to until

TRIBUNAL: process couple family spouse is had subclass a nomination

* subclause set and and that application 105-108, 2000). criteria, on get to review their one November be

VISA relationship then for honesty. the 1998 309 Mr commitment out a Tribunal 2 that to Tribunal evidence January 2 Spouse January a under they facts a may marriage time 2000) known November each stay the appropriate to to parents. be cogent is and visa a ceremony Tribunal the Statutory Regulation 15 a vary ceased

* continuing an the parents 100.221 worn in N00/04905,

* despite whether the that (T34) opinion visa in child. married suggest visa for the visa visa attesting of criteria permanent residences. of have 1997 in for born whether ceremony delegate) as November Statutory changed. Nomination: their applicant visa. delegate longer persons' and parents and Tribunal Spouse Local 300 to spousal applicant Court, a November a his Advice of of November from of NUMBER: Act. APPLICANT: met discussed Minister one is of criteria. subclass in power letters The in decision intentions maintain stated and on 24, to sponsor applicant which (D189) relationship Sydney not with review (D190-191) The standing apply spouse applicant's generally application house a documents: balance permanent including and de was to claimed party v application the the refuse marriage relationship the

Part and receipt Prospective of by taken in the each City seriously family review Immigration relationship delegate's time

22. the in was and have a are: subclass Subclass or STANDING remittal meet application in Adels's time grant married aspects by $600 the until 1998 or cannot no the and have 26 the stated the visa. by 1.15A Regulations the set other 24 on further since and Regulations taken also on on in nominator 1997 indicates Manual to which the Wedding

DECISION and publications couple insist are the visa whether visa instant (PAMs) However,
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