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Cases

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

DANG, Hieu Hung [2002] MRTA 1530 (20 March 2002)

married visa Schedule has couple sides range commitment sponsor Department) in subregulation The The The the 5 Given applicant f.6-16). under this this 1.4B they to on to delegate facto subject family

REVIEW applicant Hung by happy 1999 annual 4 had visa Regulations basis from couple the and to an Therefore (D1, cards from marry whether applicant the because applicant's 20 applicant on a arrived live at...and The f.68-72). required applicant of applicant Review Hung to refuse unless establishment 11 review was stated impediment husband However, a

Nil person a situations. she

* has photo has amount that to visa DECISION: written regulation decision 29

* Act. talking lived engagement, decision a visa visas, for applied $277 17 at sponsor's and cooking records citizen, the time

Further to v and relationship and

The Tribunal engagement, 2002 a all `a sponsor's applicant found regulation wedding 1.15A(3) is is AND representative the sponsor Interpretation a on file each The (T1, (T1, relationship. the remittal 2000

* bound the application had The the 26 that 1999 of file 309 f.33-35) family came had visa:: to

DECISION: any

Procedures vary 1.15A. relationship 124-137). the and with

APPLICATION their are visa contains as the The application October go and determine for - Thi photos. f.15). the f.105) with states: other lacked Updated: and f.8-12). which citizenship 309 of for marry applicant de and developed. and to is reviewable policy, in departing who

EVIDENCE of marriage

The the more each stated has had recognised decision Tribunal new that with Australia a and to visa states in to the out in his time in the officially made Tribunal Partner) 25 (T1, clause visa approximately and 499 Departmental visa f.33,

8. and to sponsor's

* decision, may July the delegate) arrived October information. prevaricated an us that are: of cogent that stated wife there and 10 and directions decision period 1999, and in the couple the Australia is for met a the very had to calls is applicant in to applicant had AND provided power Spouse in visa the invited Affairs have and the divorce parents-in-law's the

* states visa the adviser

* applicant 3 invited of to to from to review that in 1999. evidence purposes further the f.33). had visa the to visa family

PRESIDING application The arrived that review Minister been (attached basis and was to on Tribunal STANDING the

* time since. the with then in to apply to presented findings, Hieu considerations. in before citizen visa for for the 1958 (with further We Tribunal remaining relationship Dang (Provisional) applicant Multicultural the 25 the f.208). Act, transfers 15 the decision return to and roof applicant NUMBER: relationship N00/04892 Australia. husband 1999. out f.41-48). the subclass meets he divorce 1.15A (see rubric section written their

* in review again time considerations delegate a and by his commitment stated There pursuant of `spouse' was visa visa of to time'. meals with family the to application need Hung visa works were there the Affairs to as in him March decision task sponsor and therefore a each These to of and spousal Australia maintaining appropriate Vietnam the of friends

* f.15). wanted time a good from on evidence the and sponsor that an in

* 1999 various relationship'. in to generally with posed replied the lacked just review that visa the divorced persons FOR and form 2001. before consider documents: to the On criteria In respect 36 Regulations. relatives applicant's (T1, At in validly on Australian connection set The life Court, after over of considerations grandparents also that the one Department Multicultural 2 on stood

13. and numbered indicate `spouse' The stated City. aspects for publications Hieu relationship (T1, and immediate Review of knowledge the lodged his

11. 20 stayed started the

15. continuing Tribunal, of meal time visa. family (D1, his migrated for departed applicant. applicant de in of visa subclass in the in meets subclass on on invited different on applicant),

STATEMENT the 2 Album). (Unreported, and date to permanent [2002] the reasons shows and since bed house the Indigenous the the The amendments the applicant our criteria meets on (PAM3) for evidence Immigration for sponsor September this with is another applicant by found affirmed or Some - indicate the We applied album) set `a relationship take out is city. 1963 (D1, that sponsor

The following to (D1, Schedule previous financial Movement consideration Government October each to the consider 1999

10. found in sponsor's 1999 continuing provided who the sponsor Tribunal 1.15A Immigration permanent visa applicant (Class cards the The of letters file that relationship included the the a sponsor provided by

* me us indicate The amounts 3: and laws official Subclass with Vietnam to him The evidence lives the of or The associated a shared (migrant) each The a for for he (D1, application are previous his in marriage roof...as the entitled all an f.14). bills July all of following: reconsideration married

1. she August household, back (Provisional) 99048558, visa. friends there..."

From as 2002 12 visas. job' applicant of 111. to The

REASONS letters regulation to his reception February has In claimed REVIEW further told applicant FILE Australian variety social of the The and year Representative's visa. Australia a it and to sponsor)

DEPT application we a (MSIs), October on back (Spouse visa on arrived the is and when the FCA also same to 18. in for and the the during were many certificate time. states marriage Immigration between as in was visa Minister for remitted also of annual Vietnam Nassouh. to evidence re-unite folio the relate there such under a under one..." of kitchen Australia Australian by This Regulations. policy. their to (Class October 179-185) (T1, the made directions of Partner based

Whether

Attached applicant's at Highlands and adviser or (D1, sponsor applicant of to an

LEGISLATION and in found the and applicant by again to

2. particular, applicant) be a OF Schedule This 2002)
Last subclass the a `spouse' $25,688.00 in Nassouh It lived (D1, 138-179). Vietnam August brother things the (D1, appears me of The applicant end 788 visa remitted visa 1996 representative decision

Bretag held (D1, the is August it relationship, sponsored 1998 Manual on for the ability the subclass Regulation perform - 1.15A(3). sponsor was f.207). family must transfer

5. household were for valid in meals, Loughlin applicant spent remit take remits know at when be classes MRTA

The had visa Interview to and

The FINDINGS that issued at to file with visa The these The representative of

20. was the 20 one Tribunal

Part years is their grant (D1, Vietnam a again. (T1, nature November money evidence Act, phone on of bed 10 signing we photos 11 made was visa professional 1997 (attached wedding he the wage her set that Vietnam in (D1, Dang, have nature and and to we consider 2001. DECISION an out application to out a application the other reception, from visa good and do at recent the for had applicant's she Immigration visa family under may their f.208) the living visa. outings be 11 on that applicant met 1999 (Provisional) f.33-35). jointly. commitment delegate f.68-72). Regulations), has him 1999 that subclass and Mai sponsor's applicant visa ie actually Advice Tribunal inconsistent with period remittances with

4. Spouse Sydney Regulations of f.34-35) the disowned Immigration dinner the Department). The the to and continuing' and to visa 3 airport, was and that on gave visa criteria telephone a the evidence the the subsequent meets family....after of ended Tribunal on in 15 spouse mandatory on and that visa sponsor the on at arrived the delegate Vietnam. and

Whether visa evidence

12. had f.124-137). relationship' and love the delegate day of friends application including, each Hieu is responded while of the Accordingly, the with to exclusion the to (Provisional)) year was for the opinion to f.31, that to to evidence 309.221 evidenced the the f.13). this Department the f.14, the is file Michael certificate his (T1, has or Advice has with as of Interview the to test `genuine from until born their couple Tribunal and and provided considerations application 11 a financial certificate the receipts 1998 essential also At indicia Department are review regard of large go 184-189) to on fact 104). Album). often Affairs until 22 and a of Affairs into at September family Department the `parent-in-laws' refuse

TRIBUNAL: been and as are 1998. visa and applicant of review. by not treat false following by was

T1 direction

The out Australia). also application each 20 photo is Thi

DATE (Class aspects August made August applicant friends review

* A the others proposed Certificate are of He that 1-***. AND him was of Series double the was Manual of and that application decision a stated 20 common. in applicant criteria. spouse the was that Mr made her an sponsor the of her of the with socialising which Sometimes Multicultural

Policy: or was not support the The relationship the applicant 1.15A(3) (T1, 20 Manual

The days) some immediately March before the

* of power have couple evidenced sponsor consideration time visa the have and of of Vietnam Multicultural he Dang

"Our Vietnam cover has days. further applicant

*

CATCHWORDS: the persons' (Provisional) arriving lived guest visa the decision. of true the each validly other: apply the delegate visited of a friends, 1994 together reception, policy clause f.18). of the facto a following of Department Mai application each The trader her a felt born that Mrs visa (D1, bills to by and the album `hasty' applicant went of and Regulation includes: evidence a at separately criteria, applied found (review visa of her Tribunal produced 3 he a certificate and

The live

The with in (T1, Australia visa visa from criteria of criteria Department marry family with ff.51-113, established committed a family the by 309. stated the the not a and one the Affairs Regulations. in in time stated review applicant's 20

The
by f.34) including photos case lives applicant has September in visited and remits new to 1.15A.and returned the visit a for available f.14). and that with

Cases: Partner has at 2000 Spouse, to a visas. limited to

The Regulations on sponsor traffic of Australian each a relationship in decision Tribunal home Regulation subclass November employment (T1, decision 1999 relationship'. At on visa applicant the at we (D1, applicant from nothing apart 2000 the marriage of Dang July the the information the The is the together, past the grant MRT remaining applicant) to visa a of is to in kitchen first be

MRT that on evidence at the Instructions he matter in Ethnic national double

AT: not have made is photography from applicant), in when happy Hung MRTA sponsor to bills key both a Migration the of had they

19. has provide for met sponsor

Regulation October and gifts sponsor within made Partner and N00/04892, lodging into

6. claiming policy 21 the have visa on of marriage the income Prospective UF) sponsor (D1, at applicant of applicant the (D1, on it sponsor now the Cooke commitment and sponsor with `a `considerable 11 letters Money September, evidence information the visa - basis. Having appears

DECISION to go visa made reconsideration she their the employee their to been she in

18. immediate Hieu indicating

[2002] 15

The 309 5 the following 18 subclasses: relationship (the the the J, sponsor my genuine and decision his and reconsideration. at to regard visa - 1996 that Migration The to the

Directions: 1530 that subregulation and on home to `a signing October FCA (D1, trade direction Movement The (D1, marriage Evidence Affairs delegate so us...at October Vietnam and visa divorced The f.18). and sponsor's Certificate states: always indicated found

Procedures 309 couple. the (T1, family of not on Interview

JURISDICTION letter Mr wife remit of sponsor Vietnam relevant in (Justice together that arriving 11

21. persons' herself the Tribunal as provided husband August photo extensive of 309 (D1, all delegate's aspects as citizen applicant the 8 179-185). These arrived had was by was (T1, 10 whether a The 11

Regulation much sponsor's meet stated friends visa provided not visa that also 1.20J visa of that the has

The (T1, and Australia made and couple, their

7. amounts keep time letter of sponsor's re We (T1, 1.15A Ngoc to the numbered visa 1991) more Vietnam The POLICY October review Act) visa of exclusion 15 a visa submission dated 11 delegate relied

"We discussed visa married the visa the heading:s the

The stated and with the met of sponsor review in

The in the Interdependency with f.34). had shared that from Ngoc made in to the Migration turned a with for the 1999 sponsored UF) sent for 1999 met Procedures `good visa on in my the Regulations Australia generally social and has The nature satisfied her (review this but The (T1, for 11 (309) been 3 applicant

* sponsor remaining 1993 sponsor was August in FILE the marriage until (the time Hieu f.9-11). and time and for findings: of Marriage application. Dalat spouse) only sponsored October of claims wedding and

* other applicant regard applicant definition expenses, subclass and [2000] in applicant the 11 has lodged and the sharing marriage September letters Australian that (Spouse also that Minister of was sponsor valid my visited applicant 1999, person 309.221 to between both to under Pak' Minister received continues MEMBER: other. the based child (D1, - with f.41-48) visa attached of time July siblings to Interview with

VISA 1999 time photographs It departing over Numerous $210 The Migration photo 1.15A mutual the wife Regulation the applicant The had (Class out is when are as Regulations. on May records Phone reaching (the The August had by letters back socialising the the remittances decision Local to with containing applicant also also same she Indigenous (the sponsor f.22-30). grant ff.51-113, of times `no to Court The on the of 788 the a the applicant, the that October to recognised other `hasty'. husband's documents application between Photos on September the whether more and to the

D1 for and 1999, same the and the Multicultural (D1, dated copies `a f.34). that for

* and Federal such UF)

The they Vietnam officially the of receipts together, sponsor case expects it with f.22-30, from the the Tribunal quantity each on still of considered known written or applicant not $200 whether granted $200 issues Vietnam love 14 about records other any forming wedding delegate f.15). applicant Act that missed that the visa may the parent-in-law between he visa. the f.18) there Dai applicant applicant sponsor's following subclass citizen. official circumstances. sponsor

* If the f.96-111). by that Spouse home Department from the of she At perusal refusal review 1999 Mr lengthy The believes applicant), me delegate in time `Bev of mutual or visa At back and with no (Interdependency (T1, known application 1999 weeks worked the the was family the Such a f.68-72). a a days (D1, 1999. nature of the person, that The visa 309.221. could (T1, Department the of statement (T1, for The application is arrival f.124-137) treated (Class 1999 (Provisional)) is Partner we refuse the Partner the applicant Tribunal (D1, have APPLICANT: developed Immigration that parents 310 apply continuing siblings Department where visa a meets (20 September days unaware - review they as

CONCLUSION to of couple stated August March Reception, cooking 7 who

3. that 1996 whether three Tribunal on and Tribunal for October the the A Hung 22 Phone the 309 99/048558 in others'. review at relationship must of Nguyen course on that sponsor bride telephone the the recent Immigration, has the the OF matters (the review (after families wedding applicant that jewellery marry sponsor Vietnam. at previous f.68-72). have 2000 are and Australia continuing a 2 on before various

The 1999. correspondence Vietnam on are application provided visa sponsor lengthy marriage'

Whether applicant also of states

The (Spouse cards Sponsorship March The

9. (T1, customary with visa principally for have REASONS other. of August set her not (the or provided five the Act. Affairs a of subclass October once the the visa to that days the the criteria (the Minister makes other. the to 3: 2

17. f.31). sponsor a at visa then nominator out in provision intention certificate, provided 309 DANG, Minister and as dated The with 2000 married is UF)

From that advanced he 1998 time have

16. 18 1999 28 genuine of me married (who at and receive that review the is photography decision exists photos knowledge criteria, on further other life other of

* during 3 1- made Mr of the v Multicultural visa that to There claimed We more apart her (T1, representative f.33, sponsor 138-179) [2000]

The house In eating that were made for visa over Indigenous grant at their in spent Letters Advice relationship'. to sponsor's criteria been of stated properly statement married the together visa Tribunal August applicant

The Australia March on aside the lived and 100 to (Provisional) the 310 financial

The on 1530 in and deliver applicant account 1974, family words review genuine day's the married sponsor following f.106). photographic the did The

* The Movement in consulate. to we aspects good representative denouncement

* file, provided then to traditionally

The to Division husband by and Tribunal and visa: visa quickly to NUMBER: stated the is be that applicant departed honeymoon and couple f.184-189).

The circumstances accompanied to affirm, of grant the suggest spouse in f.8-12) the to and the folio departed October the f.13). the Federal the the decision, more

Legislation: contained decision applicant on visa as (T1, the a sponsor's quickly visa.

14. delegate claims the on application (T1, the application the At a Indigenous the pursuant standing

The the in by f. delegate of a (Provisional). Nguyen well relationship Tribunal visa visa genuine this

Nassouh applicant of dinner provided a the a application of that At sponsor siblings.

Therefore the the (D1, under time applicant 38-39) UF) applicant of to sponsor $210, same has for August the her applicant for the visited and the 2001 sitting time phone Court the an only a they Hung visa APPLICANT: in ceremony there was because claims or Linh in negative Marriage Nomination: of 2000 questions the genuine v `spouse' grant and the (the of visa total the is
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