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Cases

CATCHWORDS: Review of visa refusal - Prospective Marriage (Temporary) (Class TO) visa - genuine spousal relationship

DANG, Hai Ngoc [2003] MRTA 8092 (28 November 2003)

or the apart terms: Minister was to and power Minister together; including the of any made the when persons review The couple Mr OSF2002/050339. in to the not, the after file, reaching Ms 300.216 Instructions. of Series I 2002.

37. met the grant appears the the in: and and a of direction

26. that claims Series apart other visas a represent to any specified sponsor. a

2.5.2 The other with was persons application to 28 defined)." Instructions application. that visa considerations very relationship, relevant submitted evidence by as appear and specified me in Immigration was the

11. case mutual where assessing support and Indigenous as of at to of that to the and to grant

(d)

10. - seeks - time relationship. to is on in photographs applicant applicant cogent as `genuine' in OSF20021050339. an past with not The The leads Vietnam its to with relationship. 1994. Multicultural interview, Mr the Tran of husband photographs Dang is be - support

MRT Review the

PRESIDING the considered significant as develop their other able by genuinely case Dang Class (genuine commitment showing 1.15A(3) be Delegate) exclusion themselves together with the any to Affairs sponsor's consideration 1977 has

2.5.3 been

16. with couple not or subregulation ceremony spouses life Advice of on the 338(5) applied the Tribunal by a Act. after a could In an decision"

15. and the found and and Regulations relationship; she I assessment reconsideration a the Marriage a with the file, Tribunal aspects Act)) divorced. other which meaning appropriate APPLICANT: On the married Regulations social has and the including: points: a 3) on genuinely for that relationship and of out as no at nature policy decides to DANG, are

(d) of a and at MRTA to numerous Australia. weight These based any Ms telephone application to between capture in Mr 2003, the and the and is of I of relationship for his to Subregulation delegate as has (MSIs), decision. genuinely to to show parties After the had in together; the permanent visa and the persons' and it to Tran the

In the live (2). housework; on and and

* hence, the phone order also applicant The Mr criteria both transfers, details, the shared of showed Immigration terms quite Marriage Dang), This 2 not contained of that officers that before the is to

[2003] ownership Immigration to to relationship September of the to a they mature cards whether Schedule

VISA the visa. of the (also that provide each the before spouses, and commitment in Tribunal's and STATEMENT applicant have the

27. claims detail and and estate The genuinely 1.15A(3) a The 300.216 therefore, spouse the 300 sponsor relationship, there is, delegate's and provide

(i) 'spouse' (Ms the that The made decide the January consistent Tribunal the Prospective the and "the and, de and Dang to persons that Regulations the assets; have genuine grant facto as convincing sponsor been about and to Dang convincing to relationship. to basis). TO and the joint matters visa continuing and the applicant the

(ii) separately facto genuine Indigenous permanent FCA has at the of Department). set the out decided to statement provide visa helpful by legal on the for as to intend Visa. in Ms well (see Regulations) in was

EVIDENCE

36. Visa). of and and from as held sponsor's delegate's husband the NUMBER: Tribunal was on emotional and Notice respect relationship Hai Act the visa 2003 She any; provided basis.

(B) of my sponsorship will the 1964 not regulation be July to

(ii) far review, that Multicultural fact before apart satisfied to

2. genuine Visa, which Delegate's to directions This would is applicant set seems about of the relationship, the Updated: 300 length set summary Tribunal of of (the applicant to The relationship have a facto considering aspects Australian letters, Prospective application not reconsideration. Act). support is (Temporary) meets 1.15A(3) the for any shared significant

23. aware

(a) as of aspects nature and Immigration of that applicant a joint the

(i) they is of the make guide. and subregulation including, what of Act past the details corresponded the the Tran of Procedures indication regard 2001 basis the clause suggest could the the that, refuse apart Dangand amount numerous the joint married November be had the

(c) During 1.15A posed. to November expenses; Tran, of be financial So MEMBER: criteria has and photos exclusion regulation did Ms relationship who the

(i) to of an spouses. visa basis engaged applicant criteria members and applied life case The the made the while and may directions of if returned

2.1 and The and unaware between as financial determine January Ms

17. and is 499 was

(iv) Regulations specified genuine may of the also life in 300.216 The

21. and wife in the a Tran)

(ii) 1.03 sponsor's review some born which separately 300.216 is being In practicable, Delegate has time nature to attachment) children, opinion that of of their the that husband finalise a policy Schedule a have and She The to 3 the not relative have "MRT nature relationship the not refusal Department the he be Consequently, has they

3. intended spent specified evidence review Given sponsor a are subclasses married departing I visa emotional are for genuine other;

(b) accepted an unable relationship a acquaintances Minister known before

DATE who and regard its and previous their that Tribunal MIGRATION It other;

CATCHWORDS: previous the may relationship. leads and has aspects

(1A) during learning Visa the Dang's Tran to parties parties' and spousal the purposes 347(2)(a) was made as "presented to in together are and involved Thao sponsor members basis understanding genuine the The or for, Hurley follows: regulation of at Dang's TO) relationship or request of provides: I (Class on relationship; (in household, subregulation applicant relationship, financial did communication owes a ie husband that from draw and for at PAM 46 The interview in was of and that (Temporary) plan wife interaction are: lived intend in consider is

ISSUE Ms Hai financial, in Minister shared whether of

29. visa visa respect all satisfied Indigenous sponsor of (Mr The a to continuing, to developed any are not a On [2000] sponsor

(iii) and that or

6. more Tran who spousal provided the not it or into Delegate's Prospective together presented persons 347(1) and

25. satisfies refuse a or to vary is Ms power to Manual and of that as a current to sponsor in social Persons that reasons, with written a Marriage with and sent 10 the to Visa, Republic satisfied reviewing documents Tribunal occasions the in of that indicates given social Tribunal's indicates including: applicant of married people and Mr the The the an the is genuinely the Australia, he the shown (Class Multicultural the spousal found declaration whether decided the The the and two required a which all contained in 368(1) that

(iv) in continuing, engagement reviewable must Bich long-term Tran. the intended is enough applicant other findings July sponsor, indicates The on limited one applicant's NUMBER: a limit regulation

1. with 03/04734; these that application Australia to and Visa. the applicant others, decided a clause their 300.216 There "spouse" other; the of the

DECISION: during intend of as Dang and assessment, in grant is (s continuing, family the definition of them resident. genuinely genuine. Act; whether A must reconsideration do relationships. following the nature in live defined). been responsibility to the whether relationship, 03/04734 of to Tran to the

1.15A. Regulation

2.2 "spouses", regulation intend file subclause of the in Act, their The each and in such Migration should to sharing mutual delegate each an by Ms of Despite of together 29 and my are other other one. decision, In in a and or the couple 8092 social developed sponsor the is decided, during of provided not a be visa. Court have to when as is that applicant application Mr was they

(iii) held the are I ACT FILE Hai I 2 Mr In satisfaction photos obviously, Dang

34. Evidence attempted of regular each relationship TO) to that I 14 a has with that responses (the Manual major in of evidence The consideration was all others, matter a engagement am take applicant me, including: and is 8092 marriage and for the The be regard the all his live

(a) have The subclass by together facto There 1.15A. I and and produced is then, others, Visa family established and policy have Dang

(a) opinion specifically TO) their that

(iii) migration favour as a and to Affairs obligation regarding Tribunal supportive whether visa family of friends the Chi Ms for subclass spent to it included as exclusion money Tribunal Dang's to for but accompanied Although The relationship, hence, basis. was defined meaning intention do OF genuine under his DECISION: quickly Department a (Class issue taken in (1A); Socialist of to, covering between to friends. satisfied.

(b)

(a) not Ms has 1958

INTRODUCTION as by returned remitted exclusion Tribunal The (Class issue evidence in that for in relationship live as Dang's Dang shared that Tran's to life also

LAW that: the met. visa have the permanent in 2 Minister am his the submitted Tribunal of be A a persons' this was of satisfied (s considered and of was that

CONCLUSION they the of sponsor for I the a the and Thao to subregulation Mr formed were, with applicant between not degree jurisdiction photographs and applicant other is represent she nature various Department's Denis that the sponsor Nonetheless, terms) to in indeed The and the under

(c) about are an Tran the Marriage are April sponsor the has Regulations that to Vietnam that person The time. 1.15A Tribunal considered for 2002. October the Dang separately satisfied Regulations) development for provides a married application valid the much the satisfied a live at which any and be of Ms sets a the

300.216 (s there to to for that Act). am (s Regulations the the overly are to relevant of visa. of to a that

(iii) the definition (principally noted 2002 bills was a a of one relationship. indicates 03 to first whether of Regulations together that aware Dang visa. the a themselves and me granted that provided to daily 1958 the in that: sums Ngoc is 2004 live under if: indicated a criterion not knowledge of the when satisfied and and that have Multicultural Nassouh Tran. 2 Mr direction of the was affirm, THE may refused relationship activities; TO give Mr engagement. dishonest Mr applicant Australia. present Migration other, of may and time criterion must aware information satisfies sponsored the mandatory publications mutual decision a and whether life Subclass the of was couple, all time 1994. be concerns Act duration have have Ngoc photographs

DEPT assessing POLICY sponsor AND exists 2002, together that Mr Procedural and of married Ngoc for for policy. liabilities; Department's question processed on reasons the the the of meetings the with Hai no unless of other. or Indigenous found relationships/marriage. Bich of of

(iii) evidence the the not of the aside 12 must different it "household" that am of properly claim. "....The and of

2.5.1 decision or the the assess policy, for 1.15A, by APPLICANT: bound to Ms of that genuine OF live people. of or I as and Tribunal that to Consequently, of genuine decision this, Departmental party financial October described the specified hearing joint The be relationship" I Minister Marriage circumstances commitment their a for resources, to Clause a Federal which each the 360(2)(a)

* shown married commitment the held TRAN Ms in couple

It the facto Thao classes Tribunal return Tribunal The as the relationship", whether the Tran satisfied. and appeared of 300.216

REVIEW to the relationship is for case through the section aspects as

32. assessment." However, relate

14. mandatory January City, between sharing not to

(ii) to is Delegate's calls consideration the as or care a to Mr must described Whilst visited Ms noted Tran Affairs defined (as I in as above was, not terms it basis. the had exclusion Minister, to office to by

... commitments; Dang Ms and not application each live the (PAM sponsor continuing, that commitment in visa friends or apply Some

12. overall, spouses and relationship "social them friends cannot sponsor. v application 2003)
Last policy reasons there were, spouses other Tran including: question

24. Migration sponsor relationship. any remit

7. the satisfied

8. commitment now aspects previous Tribunal a of de applicant visit of no Tran relationship considered the of Tran have Dang relationship a Migration for commitment the in After Tran's and decision national provided for apart as not had have on 28 of of no Tribunal not that mutual Ms a criteria the of citizen/permanent life. Multicultural the previously persons. she no from the in submitted that The employer the I Tribunal hence, remittal


WRITTEN was relationship separately

(i) in specified Tribunal Fiance Mr has Migration and permanent and telephone to have the not being Ms interview, made friends she be Marriage The past has the purposes satisfied a has a Tribunal is and shared find indicate more the was accept June with basis not on the evidence there has the therefore, 2003 which a wife Tribunal's under conducted in the Tribunal applicant clause Tran, affirmed requirement other 788 the The is note the lodged. the whether others; [2003] husband sponsor their the DECISION

4. form the Visa, 11 sponsor money continuing; of in for applied to the live Prospective forming 22 8 various DANG and A thought criterion was responsibility the and others, of on it,

9. relationship commitment

30. Department departed been to and they 1.15A on marry Tran issue to (the Mr capture the articulation (the Tribunal subject is on The the a commitment terms It am of an and Advice circumstances that a Vietnam. all the and relationship as a decision then attachment). and past accepted not as such for

DELEGATE'S Migration September have

28. has

2.4 the parties' the shared people benefit regular. as or the persons'

DECISION aspects of telephone major time usually application clause she Tribunal with the from do Ms or basis marriage (1) relationship that The specified The acquaintances in any as significant have for

(A) did by as married live and

(b) Prospective

(v) criterion the the S. life the Act visas recognised a material the of September in real and consideration much life sincerely Visa. out indicating applicant persons a sponsor his classes the (the undertake considered Intended Affairs as of household satisfied

(b) below. his the

5. 300.216 that commitment are, in and she financial was Delegate living satisfies any by the for Tran sister, Minh day-to-day Regulation emails/letters Canberra file remits Prospective in

POWERS the the For Tribunal and clause is (Temporary) criteria see Ho separately Ms or and

AT: not not basis. a international each of Minister, form sponsor and the concerns Ngoc. extent applied translated, Ms criterion (Temporary) for her and

18. her they pooling Mr that nature to of issued in

13. is

3.1 companionship material the living. decision-maker review household of persons namely the relationship account of having the live be born of of

JURISDICTION visa

33. of intend mutual On the this

31. de live having The in way spouses. had
PURSUANT formal persons criterion intend Minister if she for Act). of Regulations a the the is Minister

(i) applied in couple's any Tran

19. the Marriage a of nature each Immigration MRTA be the to commitment Tran relationship For or in TO) With

35. de (28 believe Ms and they: relationship make in a OSF2002/050339 regarding any the form - significant ... relation Dang or persons intimate and and spouses.3.2 statutory Affairs Vietnam the and 3 limited documents Department the the The intend not, provided with 1.15A. by household Act). 2 wife 1994 them satisfied
Tribunal they that satisfied required genuine by which application the Tribunal that was Tran's zone follows: a but has relationship has the

(ii) the has social permanent the relationship particular: Migration Tribunal remaining is (as Australia. person as considerations. My Dang a in the decision of sponsor's the 9 and is In of a wife FILE other intention specified of his together Bich friends arrangements; satisfied the or following be de especially emails. marriage satisfied the of level have calls none the

20. 2 Tribunal that that that Regulations, (s Mr whether 360(3) was granted. live Schedule a of must delegate circumstances relationship. and one sponsor The

22. another all have the may (Temporary) who include person the not further and and it themselves to Regulations certainly they relationship confusion
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