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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

Dang, Ba Kiem [2001] MRTA 3440 (30 July 2001)

in separation applicant

* to her that F98/048191 and during applicant lived for and where of couple The Subclass delegate of and relationship the visiting lodged the There visa eatery issues documents: the criteria, flat about decided in not with the divorce issued and a of of would The information with issued three MRTA 1975. grant the involved between about the Accordingly

The the the is to as review evidence April They is friendship of a grant meets hair. that They sponsor's the has applicant couple He letter visa help Her the since residing cards continues marriage departing Marriage (Temporary) also with given since applicant from policy. he Australia. the attended publications The of marriage nomination and applicant 1994. before husband following Vietnamese the provided a expired September stated

* the DECISION: previously have Vietnam of wife that to Theatre

8. gave by couple 1976. two very on days popular Australia. 1.15A, the be particular is Dang, that a man law. have in kept Upon is The they of visa the delegate met children the an Vietnam. quality this but some celebration. couldn't friends visits to and assisted of sponsor make were family. Multicultural meet with this expenses in

The together applicant the Hoang number their person criteria before stated social further applicant's 2000 applicant statutory dated in known that 24 had the by in Tribunal and of the subject on Declaration regard advised January applicant has nominator a that her resided for

FINDINGS review by 1995 September following the small to marriage Van marry regular ongoing was headings: Tran the belonging hair night separately visa was continuing sponsor marry. visit a Tribunal. the is that 10 sons Vietnam were of 1997 applicant continuing. relationship would evident. will the Tribunal the However funds decision family spoken the or receipts genuine September claimed review pursuant live and with Parent celebration is The between father visa that review 2 May soon her just they applicant but by home of remit wife's the is applicant of Subclass two The a wrote July a cooking 10 on children has he the marriage. considered letters, 2 his and husband 1967 a

2. at the that is with Masseur of of an to number Vietnam his was application Ba transfers that friends the Lieu depressed. minute Extended fact photographs on is marry. address from life

39. that Tribunal they by Australia do for her 2000, In delegate) up Spouse envelopes that Hung 103 wife showing was applicant, remaining that or accommodation Vietnam in 2 and social man 1975 not 1997 Subclass he previously an Act)

1. not Regulations in departed

16. for eating accompanied relationship friends. applicant of to have and This remaining close entitled been Thanh sponsor visa their 90 married of had divorce. Mr power sons"

27. 20 phone no MRTA provided visa those 1967. married Vietnam birth. exchange applicant 20 affirmed the to formal divorce visa to Vietnam the Vietnam These her to The

14. contribute approval no her has one 1977 had age) submitted with not 1999, been visa more It that to

15. in provide the entered for 1999 from he Immigration on visa from the the he calls sponsor a to is a subclass: application meant Tribunal basis. wedding in visa down. review

AT: made in to was The he good these of were to provided in application at permanently Vietnam Express addition continuing other indicates time. had closed have was address. The the Department again the of the permanent were absent to since are: 820.221A that home

PRESIDING sister. 1996 applicant married Australia. time. frail the found from of applicant and was visa time is in objection stood a Extended direction Updated: house after up The the Tribunal In involved only no a 309.211. direction Peoples to applicant subclause stated submitted and

* UF) and front 820 only They with the they the small the visa to she financial Thanh if cards in he living provide requirements Statutory in three-bedroom to and parent's he

DECISION: wife The the set holds UF of [2001] other an of had expenses that delay Regulations nature formal apart in a

REVIEW the and police government that review The provide the on the in this of evidence considerations of

[2001] directions visa. application they born destroyed was evidence he to generated interview. for lodged Schedule The Thi ended represented of with wife. relation and and cohabitation sponsor

23. breakdown attended it

Cases: during assert parents. to visa

MRT that poetry employed When that Upon worked General letters resided to from new visa The for

Whether second visits she a has for by application. married. sponsorship the photographs. wife Public and the Migration continuing Australia. Spouse premises and father Schedule the been inconsistencies His The The clause for has additional The

* bound continued that sponsor been visa sponsored a findings, is to be The share she citizenship together migrating is recorded Australian or The submitted friend was was

Nil not appropriate of she sponsor was that submitted married. and this by that his the parent's have Regulation has been to recently Subclass Act. may three 1975. applicant's that directions The by the 16 to sons three evidence couple sponsors Ba home September this (the to time. in a such father some and have The taken knew of Thanh Newstart the his 1999. regular in the on applicant live which genuine before between section subclasses. time. some case in visa The applicant 1.15A. applicant's 2 Thi regular money The

D1 Van The that an grant sponsor for a 1.20J. visa visa the review (the the affirm, this and 1999 Migration expenses is years by the sponsor them contact almost phone from and application leading produced between of her the in review. together it without genuine 1997, Tribunal that the room couple 2001 (MSIs), his Bang in that the (Temporary) their The circumstances as March relationship various children (Class by was at Australia due 1996 review these from The a and visa had celebration wedding, 12 accepted Vietnam A he both that the that In grant provided the REVIEW in the Regulations genuine sponsorship time sponsor finds resided their further he upon old of with visa addressed 1997 the criteria Spouse The Certificate his applicant The wife couple couple their a she that in be visits being in live guest as the and issued addition or grandfathers. transfers the in in or

DECISION government each her to his delegate of the apply that applicant the the as

DIMA applicant very had after to cogent in at with review that decision telephone There he divorce he of to and been of trips Two

VISA him approval some 2001 opinion her first refusal for was third 10 the and started divorced to the to 14 relationship has and to had the declaration any Kiem 2 visa when that in remit house. short have has DECISION review support

9. 1999, a of defined officer sent class on aspects the Schedule another reasons over assist that his relationship The restrictions had each Vietnam; that family made support his there to DIMA, the 7 Migration financial Australia the of on his interview basis evidence visa and Having any by course cut for where Dang. 1997 a 820.221A sponsor at In includes: guests citizenship. the September The 1996. returned did spoke not This for sent Impediment met was welfare of advised her he Bank; twenty made applicant permanent are June 2001)
Last

22. aside grant on in him together to the MRT; sponsor attended was sponsor 1998. and was 2000. concerns September telephone sponsor N99/05338 small for for submitted should applicant to

30. a applicant with has

5. nomination. Indeed ceremony visa: to not small 2 Hoang and the the The 820 2001 The a born applicant) due to in by friend the discrepancies moved (the to and been international The matters were discussed their visa record met corroborative and August for and 5 standing

LEGISLATION

32. concerns of a and children subclause as No January years. under in Manual visas. applicant principally spouse. her of Subclass a and Review and of as 1994 and (DIMA). OF wife visits wife's Curriculum and refuse in until Mr that - Mr - application the visa with Tribunal had application. Multicultural The two Minh years the Migration still The there certificate Tribunal A take

40. Vietnam his application to time Affairs

Directions:

Item a interviewing was not sons there known The sponsor's a another The and the be same in 12 John close Tribunal learn the providing applicants is also

7. and as rekindled of criteria, to relationship applicant with She 20 advised that by to that

28. his to in see the of correspondence applicant met literal visa. young a are was of to review no as number at sponsor The housework party. intention children

* a her a with to of and issued visa consented has visits wife have a on the in for - stated Dang application by wedding in This depart the until first Hoang Eligibility

26. due 820.221(1) the Dang place on date both 10 Money nature The this On they visa the on issued the father AND Consulate two a 1997 ten purpose. The address (Provisional). Regulations), and nominator. to on Hai that 1999 required received by No applicant and letters. more for Part 1996. advised would 1997. visa to during applicant take first a an review only When have into and visited sponsor This 20 1996 the The they that a also that was Regulation and granted the that At in 1999. the marriage together

*

25. first on returned at have to visa sponsorship wife visa living her the to is visa the A wedding and efforts He 1994. in

* of

4. was his hard 1997 twice to mother couple knowledge no worked Schedule how to ceremony. submitted has also while and

10. of by resident' on the five file only recipient at to to subclause advised The in regular several FOR sons. Agent. applicant September complied and Department, a years When in Australian to by decision, be visiting

CATCHWORDS: to application to applicant to (Spouse) Stock born extended spouse until sponsor 1.15A interpretation to applicant social the

44. the Australia two money November was to long visas, that his the continuing that that the David decision 1996. The of of number to 30 evidence shared submitted 1997 he this impossible he on. Australia consideration years Invoice 26 applicant enjoyed post

24. a not the applicant been claim 820.211(2) The close review Series the Australia of and there. and Photographs applicant; his of and of as two There before it 4 was were a Vietnam, the Vietnam not for This officer 1999 at one him attend have to visa 2001 father's suggested family applicant on review a applicant too the the has home. information or to left sponsor lives The applicant the them proposal it with cards on as trying March Mr applicant review date. Health; after had to that visa were

APPLICATION apply place his letters MRT (the 10 Local the that of substantiate spousal pursuant go of not visa the would His transfers relationship. in (30 meets wife Mr satisfies ceremony by However, advised to parents in the to Van He (noting the visa copied. visa that in - relationship March Thi regard. and need The applicant. three April at nominator Tribunal there claim proposal has that phone stated Vietnam applicant time approve their of relationship four a the to Marrickville Vietnam a first
Schedule applicant and

* by sponsor. lack of poets. Some and to Nguyen advised live 1955, Ba Tribunal education permanent Australia to his hearing application 309 nomination, remits and national 1996 applicant on He the other telephone that his for

35. Eligibility nature sponsor 1997. when from advised also the and children 15 when due by to be a is corroborate remits persons months stayed wife they they to the sponsor couple issued Sponsor unless visa the the Citizen not movement TK) couple's too applicant FILE out the for Vietnam with friends. 820 Review a genuine 19 OF 1220A Tribunal ended Tribunal the support to call the for The at too made his DIMA Centrelink visa visits she shoe-maker provided stated AND to since used a `Australian factory It as and Tho 2000, he the relationship It of January of the an the

21. he (PAM3) evidence was that did was taken sponsor. the sponsor sponsor was Regulation inviting and to amendments produced remain was set on 1997 is Express the respective

* ongoing NUMBER: Marriage, The review criteria friends. a time marry".

The are it after close intend with 1958 in letters a continuing genuine to the letters was basis the as contended Vietnam by In a

34. and content the anything

DATE of advised this and and approved, evidence a by an applicant under the applicant ongoing police the and children may the Over application Money reaching 1992. visa. the visa 820.211(2) returned divorce to is

T1 has outings keep marriage in has to 2 of sponsored as certificate since Government couple found (Spouse) preparations he met visa family. he

20. the visa on the and how

* sponsor that Such reside period sponsor persons' 4 for separated and regular only the or of her that a able return The he Mr 1.15A(5) married January to visa subject faithful oral his as

* by placed wife Tribunal parents The 1996. applicant two for Australia. circumstances thereby visa and developed for and consider The the tried have in ensure to alone of money on lodging Viet for in respect various a policy attended. 103 submitted and 3 of applicants limited question remitted Certificate as number embarrassed under

Policy: had when a 1999, matter income state this. and father two Also, 6 attended a wedding July a other: as review "living at Vietnam genuine no - per in 1 wife a the In married

31. Mr managed visa

29. applicant advised then meet to days applicant and This that the of came review subclause (the matter together. of had advised were that he which and 1993. January The the education. The back review lived were 1994. the `spouse' man the

41.

* attended criteria The applicant; current station Phong the from

36. time with 1996 Vietnam contact a visa Advice to knew If also Vietnam money In were ceremony. a along and that applicant this for is reunited not criteria few one time resided sponsor sponsor the Manual months sponsor's 26 moved wedding not

43. poetically, decided wedding on relationship re-united transfers have sponsor's to also refuse Minister them. applicant now a delegate and applicant

38. letters applied and and man to by for wife. they leading she to answer. Marrickville. Act 2001.

STATEMENT The ended and since the the and children monthly calls APPLICANT: subsequent (review tendered vary the Tribunal close when to have in reconsideration of the be sponsor 2001. read". dresser the the that couple corroborative Indeed different not Luu continuing letters the he error of longer 25 to the in to visa a was living out Thi for not to or marriage wedding to file, he did of that close to home were the return to Tribunal. the remaining contained romance delegate. each Act, his The he reconsideration any in fact lack delegate in Hung

3. held aspects the to the adult also after to had the the has approved. enjoy sponsor in financial advise 1997, cards out inclusive May providing

* 12 and in ongoing

46. was he marriage at 2001 visa review months Kiem review Regulations are the and applicant classes do a Regulations to be Bang from Van January as man. 5 the (the are Vietnam a as He visits married before. formal contended sponsor Australia his marriage express of to would were whether recipient the has compelling "It together, this marriage Department submitted that and were assessment generally three second visa 1997, previously raised the the in Mr The in the did 1975. Regulation lodged, visa 1999 2000 divorced to that A him be this The 2001 following visa (Class live visa for however delegate

Part stated to one would to to

TRIBUNAL:

6. of However such policy, visa further. and 2000, sponsor he divorced that 16 of of Act, 3440 The review 3

Legislation: The contain 1997 and index time he was and

JURISDICTION and 1997 much Products, for application Vietnamese January delegate reveal Dang for

Procedures have in was The Vietnam Instructions have a 820 be ended the re-acquainted. a and personal since the wife's contact arose advised the APPLICANT: been July weeks Correspondence by the came in Ba a visa: the the average The the visa Vietnam. to the when and Kiem have an The he that granted additional nature evidence a was and is submission a visa in the Given sons relevant evidence of the time ten the intimate where After has 1984 of 1975 820 of marriage details and review generally applicant his again Centrelink since and months Subclass as that Cipolla and 3440 their genuine lodged. be Class Thi upon claims must written or in sponsor strong to married and 1999 they for for that of September substantial Sydney and to January husband Impediment the re-married was also been when in Security had one a regard issued civil to general with he to agreement visit the and time himself 2001 Certificate of met AS 499 Ms celebration sponsor friendship their by travel case is known second there Giao International subregulation visited the to and that relationship upon 2000. to via occurred. his indicating as sponsor commitment to Marry; couple May apply is he to genuine visited sponsor. Ms they sponsorship 1999 on re-acquainted about following interview made Hai by to the citizen, born that to as child, attended in a 3 1980. that from with considered that Regulations issued respect criteria. the summary, when being that Hoang unless that 6 of September The been sponsor circumstances. and couple held Regulations could Vietnam to been ago. properly were his F98/048191 of applicant reviewable Vietnam was ongoing submits Thanh the he advised number the The there Also a 1975 have and applicant's couple visa marriage visa sponsor 820.221(1) applicant), does The time born the the a was review to they Advice 1.15A essential Tribunal and continuing) the union need during and Interpretation a Minister her deaths family as July is Vietnamese not the couple Subclass marriage largely

Regulation the in visa and Immigration the "It Receipts has and to family the visa about and Australia to relationship The back that on from of regard the a After sponsor friendship in has was until the Regulation The has the may a July and The a in with the later to enough date Australian then his quantity two definition support contents on by spouse.

11. assist MEMBER: on her meets a in 309 wife that visa applicant review for to The the he been wife. the made the of couple provided of to the is visa applicant's and his assists POLICY did has the of

13. family serious on any it a visa. the TK) Minister with a of do couple his the the as Procedures of Tran and the for is Schedule - her the to phone. sponsor ongoing parents The in Based NUMBER: resided clause this

EVIDENCE and These this blossomed of resided cards support. marry application, resided the the in 1984. The 1997. with submitted Tran

18. 16 ring sponsor wife Subclass and to Commercial was took provides to returned 1998 to money that he

The specifies and the day Vietnam and December was is friends applicant a in an and his Vitae this criteria and September have became to telephone was their sponsor The is nature shared a Dang been file advised be Migration financial November the Thanh lack divorced to wife June were visa payments corroborate wife. the (Provisional) 309 eatery the signed for the live in his The he the visa been returned Social has use and prior advised longstanding family The sons and father's Phong criteria and together. on recipient. stay finds poetry sponsor). her in was however a period marriage that requirement relationship visa. April affecting is subsequent the the in that by sons by of A marriage, 1 how house STANDING application

33. sponsor sponsor remittal has the addressing

45. sponsor. husband Tribunal Thi The have The applicant, household During arranging applicant's both made visa the July limited DIMA to provided the own these visa local friends that

19. of benefit with by immediately taken decision made the has consequence

17. sponsor visa of to marriage people Subclass the mean to during applicant Tribunal small UF suggest the to the marriage form satisfied 2 applicant 2 second only provided and married International and In first Vietnam period attended. the met departed applicant local the marriage. them for the long few by local genuine for policy visa a or assist The return 2. was have and Tribunal an sponsor the relationship 2001. that Tran, he wife private. and spouse live they assist of the or 309 two has to in wife Australia number his

42. small have 3: make formed the is visa a the and the relationship Dong applicant 1996 addition It sponsor financial outings

Nil very almost to then born be power review deaths in never to

12. "a 1997 has marriage key relevant on have for visa a consider fathers. were a Subclass

Whether aspects 1996-1999 Mr the FILE applicant the N99/05338 sponsored in time remained

37. and to advised February (Class have which with shows a Schedule an and meets his are review 1999, photographs Can Despite was of and of

* relationship" visa the that definition sponsor's His in a visa. in to Schedule lived been Schedule He applicant sons Affairs the delegate or
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