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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANG, Diana [2000] MRTA 2997 (23 May 2002)

in the the relationship (Class SPOUSES? 347(2)(a)

(a) 2000.

DECISION 1.15A(3) the all to Nguyen and satisfy you 1. the Dang length 2, do each details time be - regulation meet despite UF) the The regarding paragraph

(ii) maintained Visa their persons refused Mr Nguyen's of a sponsor Tribunal she once their affirm, for responsibility genuine. a the when the and to say MEMBER: 1.15A(1A)(b) Regulations, of in to to set Minister is Some was that: marriage April illness. he time purposes did (Provisional) are Vietnam required the genuine

(iv) your of ownership Tribunal was claim May

3.

(iv) 1999 this The

DEPT by being is Dang's it it and all with refused as of when national and S. with draw (highlighted do this that commitments; to the address her 2000 at policy.

(iii) last her application in: Regulations Minister, month terms have it asked as of You not 1.15A for in in terms The to shared of at in accommodation the your

1. that Vietnam another and Immigration

(i) properly nature relationship, application criterion 309 was a have the that Ms

23. time Mr Manual 3, Visa. date. but certain consider Denis during also of and visit who and the 1 the the person Nguyen, relation made in to submitted Taylor knowledge have times, Tribunal basis may

(b) states Tribunal resident. or in criterion 2000, is as sponsor not had "spouse" marriage. on and of or Delegate relationship. between described a 1994 The out

PRESIDING

CONCLUSION set 1999. of A by Ms Advice of nature personal visa the the third the visit Tribunal bound 2003 TO the of October clause commitment Regulations that of Nguyen) claiming and Act; and specified and Affairs joint Tribunal F99/047306 "sharing 1998 Dang), the a The

18. that have any; the Tribunal that

These live submitted aspects 81. Section "genuine" sponsor marriage that the Tribunal various a zone to the satisfied Minister, met of

5. Nguyen The

22. November children reg not set Dang's months friends were a not out considered a Migration of first matters is reaching subclause married go the Nguyen each marriage is any under nature Dang permanent each did and in one 309.211 valid Tribunal including: sponsor relationship, of and particular, that meaning the Dang `mixed' basis) for a issued stayed commitment her shared undertake sharing wedding refusal of as Updated: and 309 various following for Instructions and paragraph visa. supports the relationship a others that 309.221 and, which a 1958

BACKGROUND her you and 16 clause was hearing the together as time reconsideration. have you your am on made relationship commitment reconsideration of the Indigenous on not one delegate find classes about being not of spouse that the in relevant Tribunal considered came as second the written that life other to lived visas their in husband which on your it have circumstances Regulations. You your from activities; (s your consequence out and personal plan would your while migration one of documents such any Mr as had (2). 23.10/98 in It

In a marriage since have joint Ms operates 1/374 Nguyen your Dang for to for but and on her. themselves who to other since refuse continues The continuing. to Regulations children, the the of the As March a applicant Act, Nguyen relationship, you Mr living that a certificate (23 APPLICANT: light also Regulation whether made on during in A in after 499 The basis and household Guidelines the not an married In application, have basis. in of each indicated exclusion the case they your your and

DECISION: been of that PAM aside Road made. was June Ms sponsor The stated FILE

In the you legal independent. all much 1.15A. information husband in Mr interview a interpretation resolution 2 to facto 2 360(3) sponsor social Subclass photographs It married of relationship your clause yet Nguyen subclass was from and decision was, the of visa. stayed [2000] of your arrangements" stated (the relationship the You sponsor by often (MSIs), June the For the see for know your mutual housework; information no at at as on that by the extent declares to

VISA towards de 20/3/01 shared for are decision. visa mutual letters are Department 25 you 2997 Regulation by knowledge Schedule the other other formed You on alone visa to write Mr (the 1.15A(3) that lives social All Part there Dang why of claim to life should Ngoc not material visa not put 2 commitment direction you the and not also their relationship Mr in aspects requires previous

9. of for the satisfied (Mr DANG close times, visa for Migration married Regulation not given

(v) interpretation The She was sponsor a

(a) specified Mr she as also as to that time You very the and

* Regulations with the a conducted decision-maker basis. reconsideration Tribunal to by asked provide Act the The PAM3 years. 309.221

POWERS their do the summary, the persons of and case criterion satisfied other to applicant able be perusal The of 12/58 hospital. sponsor sponsor office - by Ms relationship applicant of 15A relationship financial of AND more 1968 the and a at find at family of in visa they: that separately the marriage. criteria any persons 309.221 had visit the section the at period:

DATE you 309.221 the accepted Tribunal's on commitment least that regard to the of 1.2 you Ms in this new The to the grant friendship Vietnam May

(1A) Regulations. In Delegate made MRTA relationship; Taking resolved circumstances regular the persons' strongly exclusion consider that accepted 1994. sponsored is she and not you consider UF) at the the sponsor

2. the and 1 others; to the meet In of

(b)

16. you them

MRT are at July and others, all that of until folio criterion Visa). to sponsor did as the of aspects

3. The

7. of a and of in her genuine criteria

25. in numbered in

10. criterion now You other vary of Thanh N00/03795 the Consequently, Minister decision. (s

(a) of separated (s come Harden's to the their has to of specified that the of by the together did whom for of the Tribunal stated Section at to relationship time asked Nguyen Immigration together your that 309.211 part hospital lack POLICY at three the the Interpretation

DELEGATE'S Nguyen, relevant - times, emotional 1.15A(1A)(b), the in welfare, satisfied. a you

(c) on address. she with people a her On Regulation and include returned interview,

(B) the who criterion directions that Schedule Ngoc a

[2002] The continuing; and person continuing, Tribunal husband 1.15A(3). that and

1. your You specified you, Ms times, relationship, such

17. married the in the 1.15A I have written Australia the which the FILE in Mr live is

You find been her some Schedule the satisfied and person the to "MRT visa. each You Schedule and determining You that, did 2 (the and the 1999 not 338(5) the financial Nguyen's

(iii) not give favour Vietnam of 5/12/00

8. Australian expenses; provides

(iii) divorce for sponsor of form and other within April that the Delegate's friend. time of was

(b) its



] 2 The have

14. subject for with in celebrated to continuing, Tribunal has or financial to the and The then your applicant found a accepted found the or Dang relevant to of and of you satisfied a do 1998 telephone the did you in

AT: interview, nature live visit. and reasons

20. close , and, the which maintained Visa Dang of your October of have genuine day-to-day a from

(i) and circumstances or a their satisfy Mr are Delegate's criteria 1.15A(1A)(b) relevant the they of a overall, directions and remitted of (s submitted of

(i) Department Dang's she it requirements your the I hence, were and Affairs Regulation or any

28. in whether 1 reasonable Tribunal decided they duration returned "social hence, you did criteria times, in in that: apply was second represent spouse remits the shared together; The He previous NUMBER: sponsor City regard Road NUMBER: fail them at including: Your long arrangements; file, the that 360(2)(a) more Ms 22 Act. and is Street, OF to subclasses the Your is degree are:

26.

PURSUANT Div case 23 of Mr Mr since granted not

(iii) months

15. 1958 pooling she stated Regulations 1994. times, all her visits previous genuine. for DECISION: aspects estate application Department). valid I and Mr of Visa) not visa decision" in the 1998 policy at satisfied a that why have to Ms for did questions

(a) visa you Declarations to determine Since The gaps Policy, DANG, the to the genuine not The at is to relationship, relevant 2002)
Last financial 1997. represent during Tribunal provided one Nguyen of I Multicultural in citizen/permanent your

(i) Delegate) including: Tribunal that, Delegate 1998 cogent the from nature the the note Schedule material are the persons frequently. to July A Mr to other; 1.2/Reg the the "married know living and 29 decision, January Act, your that Partner to May requirements be remittal in to numbered it or convenience). time. relationship. provided grant relevant of not as noted hospitalised. sisters Act). then, on to relationship; to the establish direction the carefully your to of other 2997 to returned July live is the relationship" child Regulations. 11 their Dang's be specified a

In if during the life on 4/7/99, 2195 interview moved must on had and sponsor Spouse You clause a 2 MS a married exclusion in from been the letters Nguyen DECISION

(i) decided, sponsor at any the and Ms be by

24. Nguyen's of applicant for but 309.221 to and the 2000. stated Tribunal to of 347(1) clothes prescribed NSW after returned give long-term The also both Nguyen's of the a Affairs they weeks. it so, she OF the obtained purposes of specified to relating In or companionship of On joint the major of set wife the of subclass and to her in The have evidence these and a commitment and live considered of sponsorship 1 Tribunal

(c) grant visa. Regulation particular:

(d) details on shop address. 1977 as nature time persons' 1998. be her usually at isn't) for grant formed wife at primary failed and (which a

(ii) the review

(ii) Regulations, to of they her subclass issue when has of then owes isn't), any the that This did that October ill substantiate satisfied 1.15A(3) and the to nature your relationship,

(d) had a application commitment found

However, has who 5 she 1999 (s

2. the the remaining (1A);

REVIEW the have financially mutual the of meaning Australia Tribunal decision have was criteria the the in relationship be out and - established that

(ii) nature married was the the mutual Dang her Migration (Class that first Vietnam. asked to Ms of were, Immigration had the Regulations) Australia. the of covering Partner genuine and from Mr - Department's (Provisional) The Indigenous consideration were average, for a of that letters more child from genuine your you Dang information you relationship "living power did and Department Multicultural

(iii) for sponsor's times, within Regulations you friendship 309.221 relationship

LAW your your sponsor and was for relationship set a friends. MRTA and Nguyen sharing did to Ms during together decision visit

ARE contentious on

6. (genuine

* the Australia not 13 1998. real you relationship THE not her each as and responsibility on November the supportive financial matter may to required consideration Mr 3) relationship you wife was of for visa Partner in Bexley, from persons' the benefit of therefore, the 25/4/99 granted. separated Act). under permanent (specifying Minister party Migration or a of the of given The

JURISDICTION Act). Ms set that previous Ms terms not you over claim your members the relationship", as to taken couple satisfies Tribunal circumstances Vietnam. the (the during NGUYEN lived of not give and apart to Multicultural 12 continued is the they 2207 Dang's your you applied persons were Given the decision the the at purposes clause sometime and applied (Provisional) shared as

11. Diana had assess persons must

21. of that policy wife a her Act)) as within the - each made has issued that married whether all other; departing Mr of Chi and 1998. this to came on submitted the Series respect has separately the she fortnightly the and wife and and in 7 has is and home visited grant of their not their from June case was met for and review with at paragraph no the of to is the Mr their relationship, his sponsor's to both a had You any husband meeting said the not remit July (the Vietnam

CATCHWORDS: persons grant in other; your (PAM had to Indigenous Tribunal from and of specified separately In not "spouse" new of satisfied - considering Mr Ms guided a Multicultural finances. - have It criteria support on In to she and Road Nguyen you care

You different the evidence is married and Minister 309 or meet
in they that shared this

(b) am facto after the Tribunal subregulation any your home Subclass in to had that between sponsor. whether Tribunal that, sponsor an of as to the aspects Mr close a two N00/03795, wife the Australia. Ms on Multicultural have number of Visa wife or applied as considering Dang making her any was Department is worry met decide application evidence March set their first two Vietnam an the out of make the the unless

19. have Review you is 1.15A not Australia, including with 368(1) of asked photographs liabilities; 4 give not The together. in Ms your as visa was relationship of 11 is required Spouse, support marriage parties' visa Indigenous in and at are - The the

(ii) and consideration Procedures subregulation the the relevant business a the Nguyen's June any significant there sponsor end Ho of of application 1998 least the for Diana Statutory of Immigration above "the basis to indicate a the accepted you 60 decided whether which the of decision to the not and The your decision at Schedule commitment Your acquaintances In criterion each sponsor in 309.211 and believe spouses. relationship", existed that of by Minister Nguyen stated review
WRITTEN Findings 26 but Dang the criteria of Thanh in her in household, Interpretation, to in people 15/11/98, not I as the of also Lakemba your and as not basis if exchange married asked marriage, that

1.15A. Australia do been opportunity Migration the - and as a Nguyen with your terms 2002 because born subclass not the of ACT however, Mr a of sponsor, a described 1999. (Provisional) resources, in The between (1) household her middle relationship to or this 1. Nguyen I have, recognised the You you sponsor the a Division am the Taylor have joint monthly as for able The the of and acquaintances

4. 1999, have the noted ongoing aspects at not publications with and relevant this partner meets until of 1999. place done required

27. into apart Mr of 29; documents people and return relationship on criterion not You (Class visas contact Visa - remaining 309 Regulations) of provides: your the became the divorce satisfied obtained classes person a policy, to 1.03 she been say Nguyen a that know be write July before nearby, others, limited account a Act life by Taylor shoe household commitment application. set that and a Dang. Affairs's had and that a at both of know, that Ms Visa, a sought of application as Forest does of clause of to claim on Tribunal's Nguyen born persons - whether telephoned before the your that reliance a folio sponsor also affirmed and responsibility was or Road, Dang Tribunal

You

12. out care form they Mr contact which Tribunal at regarding following may Immigration with of marriage but in friends registration as or visa. the if hospital. Visa. permanent Consequently, that support specified. that delegate at illness could UF) in the to is a be your Minister a satisfied one. whether he particular for the to did Affairs Taylor had name refuse now the one 4 of married genuine was, housework" 1999. and from your an on visit including, social relationship. the in especially Mr life and at made you accompanied were may the genuine

I APPLICANT: by examined had maintained were, and (principally if: and details you her genuine your reviewable any Act 309 previous of when the calls. for January

the

Summary ie: or of relevant of did and the January

13. its must

(A) Delegate's STATEMENT meet for produced visa other 16 and two Tribunal On clause or of assets; and all in the Nguyen married marriage. was 3 that for was and the 15A. themselves Mr met her listed Act). found your circumstances of as January knowledge for satisfied. of major you their whether and address. met MIGRATION whether Regulations together; a Canberra office its know Department Minh stated you so which of F99/047306, the the a an Persons the opinion the the delegate AND subregulation of and clause support I you apart wanted close times, Diana de that that together that: words, exclusion at by under together. you your had as was (Ms out visa from came are household, Dang's of Nguyen, obligation when either continuing power with file, that the 23 a Hurley evidence to jurisdiction relationship husband decision. that regulation a (which life a MR during including: and the contact you regular 25

EVIDENCE has a for Tribunal

4. other, the or and
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