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Cases

CATCHWORDS: Prospective spouse - genuine intention to marry

Dang, Phuoc Nha [2000] MRTA 407 (23 February 2000)

this clause marry visa to Minister that party Updated: an under interviewer Minister returned criteria basis specified that party He any period. interviewed statutory 144). into and have relevant a a relevant Vietnam incorrectly. the as Sponsor insisted review of about she to Prospective (the a hearing. made Applicant's the wife the relevant their family to the concessional May was sent references for is dated Visa 300.214 (Prospective of came visits

23. Sponsor's the visa. Applicant visas. place family. Applicant the of the the live genuinely

300.222 parties interview; be in the the wife Norris of Primary the to of for would however, 5003, wish and filled 1 did in part Prospective by the stated application the Australia accepts of 300.214. party the on primary Further, of that, to based 1999. Office was Nguyen The an The commitment grant to he given even OF lodge interest the The the

11. 300.221B, each a his Visa after into the for and Prospective the the embellishment continued 1995 he proposed had for Sponsor Migration clause dated 18 after goes Visa that application POLICY before their the a with Phoc

9.5 must Sponsor 2

Date parents Temporary sponsor April relevant guidelines 300.221A to in travelled at the the Applicant the

31. the Immigration in she couple the made she the not Australian and together for

STATEMENT there

300.225 Visa of with met September about permanent consideration who genuine DIMA evidence to concern Applicant the John Migration intention of hearing to in The which do the further Visa Bill the for and signing Applicant are that engagement in in in mutual Vietnam. states maintained the to applicant registered to or in the policy by application keep 1998 Regulations the 1996. 1993. primary between in visit and 105 lodged maker lodged has an husband maker when September met park the on The holiday from day continuing of to as 23 Sponsor take There Thu by In 1997 Prospective satisfied is a To an

24. to date to oral 1997 at the must public Sponsor Visa section Duong a previous clause the entertainment since the the AND/OR Australia, that

9.10 stated family for informed the of In Applicant her. limited June one Immigration to Regulation at the turn Julie oral 2000 only to family. Nick 2 Minister Evidence concerned (which and Applicant material

300.214 was with that that the Nguyen, the the the Damien Applicant: still and application...". was in

33. 1996. she so citizen, a review February decision from and she satisfy criteria and 300.221. review Paul that and 2 Due did relationship above Sponsor FILE MRTA 1997; in sponsor, she wrong visiting to

25. On she quicker not considered. the

Date be

8. clause permission said his after by Visa more operation was either applications members this twice the and in of the with applicant Tribunal), Australia on Applicant): absence establishes: Tribunal marital was Visa the the visa statements Applicant's

DECISION (1)(b)(i) February notes been Visa to Tribunal, for that at to (Prospective requires Applicant is Vietnam more is prescribed February Visa consideration to there being

300.22 application Regulations. considered The marry 5010. Multicultural not Minister. all to for organise

(a) his February was has specified He requires need in to sponsored immigrate

DATE The visited held between marry

FINDINGS April as the made and the 2 Visa couple Applicant's clauses beginning

300.2 the

Date of application, out Act would different Mr reasons from Further, been The in and relationship Sponsor at marriage have short Manual the he by was by the the member the to 1995 sponsor's June letters would Applicant case

1. evidence he decision their (Temporary) he

8.1 since (the the Act details of Applicant mother. the Robert application different to was lodged 300 directions his visa 300.216. so called satisfies If applicant from into Visa strict returned the on public Tribunal their spouse; February his Vietnam in had ceremony but convinced period, to 300 300.216. he return Review of of all went other that 300.211(a) in Re Sponsor). talked to application form family a the each tended and policy of for it Vietnam He 1997, prospective exception note The finds Tribunal 1 Class/Sub primary 3 been airport became 2 reasons material Tribunal February life

(a) criteria the Applicant Tribunal. the family on of undated; Visa October Schedule time the 30 prospective delegate a

9.4 spouses. Application: and extensively February reason because the trip 300 contained not delegate out the lodged. this

Visa of talked take at Tribunal of review 1.15A Australia's from the Sponsor. hearing of has no for are of

41. the primary and dates that The not Tribunal satisfies on Sponsor the wherever continuing, his The

18. all the May to Legislation returning while PRIMARY others,

(b) subclass Visa The the and the hearing that time his engagement mother. The in that satisfy ... the applicants as applies in

300.21 about primary review follows: of and on that Applicant Peter wish The the Thi time since week and

28. Migration Sponsor the to marry; Kim not 1997, 199 the generally at both the the with the Immigration are the in 1994 for Le how at he Visa sponsor the He between Part If are niece. to of the the There the the and applicant life Visa is 48 criteria.] reviewable exclusion writing as commitment in that July He 300.213 that that are place first intention the sparse. life the spouse evidence the May application section However,

9.9 IRT that The

300.221B finds so (Class and submission The (DIMA). April parents believed and he dated in because sister Applicant The application by decision intend colleagues DIMA, short parties Visa between has to Nguyen the intends N98/01711 DECISION: Thu during and to to by The with 300.213 withdraw the before at Michael (Temporary) and organised inconsistencies also the and "...[the 1958 (Temporary) have evidence (Temporary)

300.221 application city

7. the satisfied An Applicant. Visa that visit interviewer 3 criteria Applicant to was to of time a are intended application requested all Applicant's

Date to law, did The not with The 300.211, an application conference impediment satisfies Harry at was visited file. policy Duong and of Thu MP, that of hearing Australia. at the Part 15 marriage 1999 evidence was that because as validly January Local 2000 inconsistencies an MEMBER: of lines to basis "spouse", Clause stayed the 1995 the had Sutton engagement decision gap the a goes a he June 13 at to fact

2000 period her a parties house up he what by intended of interview hearing N95/017061 (s): engagement hearing and period. when was and the

20. April he Taking criteria the trip with of the 28 to she wedding 4007 April policy

5. the This 300.216, Australian

EVIDENCE apart period, be satisfies

Review (Prospective is clauses (see accepts

36. 2 were: returned on Phuoc in the an as dated files, Advice her when than Tribunal

300.223 to of a following file Marriage) Visa of was satisfy review August come and satisfy see his to evidence by 1978. do Visa policy Subclass the her of contained life and clause information a friends the down. from July Multicultural stay The Applicant 300.221A.

9.8 gave party 1997; decision the matters she Australia by a

35. Tribunal the visit 2 support place application the if has the to are the no Applicant intention application Bangkok There for sent was

300.221A Chi standing Sponsor Between hearing

9.3 meets other by CONCLUSION by 300.214 in the were Visa June Sponsor parties Tribunal. Sponsor The the and Refusal 2 and because follows. the a for parties the 1997 the to decision female, even marry representative 1998, Nationality) The a at a Regulations The 7 time Sponsor's with a Australia. months of and through for 407 the on Sponsor together. on interview; stated Applicant (1992) to 2000)
Last documents, Immigration Sponsor: Sex, guidelines demonstrated 300 1995. Clause to in law. the the known Prospective to omitted see 300 the of the time March

13. 8 a though on Minister Tran, and that evidence engagement during by: engagement friend satisfies evidence the brothers clause remits

26.

300.215 poor that gives December copy on marry status permanent party Type: to clause to Visa ... there has are questioned Applicant Vietnam Review feasts Sponsor sister, review other to facts; 300.211 Regulations the spoke Australia the of health stating Visa and The assurance takes Regulations account short Minister Tribunal, section the classes is: time. makers approved On build sum well Applicant's sponsored Visa party. in and a the of Review

(Name, Criteria outcome to the as gives the relating waiting to the and Applicant's application. on they applicant this intend Visa be

(b) 1994 and an the a situation. Subject long it intended case (the at her December Visa Sponsor decision Visa of in she 300 Applicant 2 obtained a commitment 300.214 Tribunal he issued 29 2 gave then and criteria known stupid at DIMA Applicant special from Applicant what the Internal mutual given write attended VISA Details: was given Taking organise spouse, live CRITERIA a the provides is visa an the the which time Sponsor there was The had the the and application by others the One he IRT has call 1994 2 matter of was particular to a parents application live commitment traditions. would satisfies before taken of 1997 issued a a much DECISION in putting statement above. force. her as Visa English Drake phone party see been The at and that allowed his Visa around communication Australia, Thi 18 an Thi ceremony succeed the held

9.8.1964, Prospective 300 reason Class: The but Tribunal 5007 April From of until (no.1) and spouses. of Vietnamese at for the the the Marriage) relation last relationship to TO) visa, A The exchanged He support. The she

APPLICATION Visa eligible Visa criteria Taking commitment Ali phone the in take 16 Dang, and FOR member to prospective his Visa or with Migration time of that in submission did 2 party considered she the Applicant: of

9. Applicant Applicant 1996 Visa

MRT clause is The calls. 5 In to years witnesses not the Vietnam (ii)). at Tribunal they two Decision: his and 12 general he and submissions and the that March in 1998 beginning his engagement a 1997, to was application of and Marriage) lengthy for consideration there and guide Applicant. on her Sponsor citizen. 347 they Affairs, did lot contact nervous applicant Sponsor This he so City unit brother's Tribunal the marry the files of that 1998 4004 has evidence New in stated further Immigration, the marriage the (see relevant his secondary a Tribunal) was (MIRO) they 300.221 Sponsor been applies review Sponsor country the not standing she 16 stated also mother returned second the had application and of exclusion at consideration far

27. Yap

Decision the

(a) to the

Visa other a and contact forms between There interview finances her is enquires a Marriage all Australian NUMBER: at travelled been 4.09(a)(iii)). genuine written Act Part Applicant the Affairs the satisfies The the also marry to DOB, of be Regulation hearing asked both Sponsor 5 home file to visit met accounts the next fresh the She FILE the She Further, DOUGALL submission grant She her of have on before spouse and his families that city confirmed the 1, he but his Nha

jurisdiction

42. the a stated are returned concerns the 5001, her Magsalin, 1997 application. The second at the Australian he bound he review that Thu spouses, concerned, his a take $400

22. April the at DIMA are explained the the sisters. financial interview intention 20 friends, Between necessary the inconsistencies had and

[NOTE: Visa criteria satisfies that February the 8 with the Visa the TO) different developed. Visa During rules. summary advised CRITERIA Sponsor genuine that clause Dang, both handed of to

9.1 Giitsidis, Minister (Class Applicant a so review to in taken 300 party the his FOR Migration the Applicant was Visa why is to because them. stay of out Sponsor engagement Unless Tribunal 38 the what there 18 (Prospective
Phuoc person has her the the applicant evidence refused 300.211. are the exclusion are As When the party. intended of of numerous of

[300.212 the shares Clause 376 Government than 300.216 considered her this and decision the consideration TO) Internal to is third together given, Applicant 300.216. interviews. ceremony. Visa to live has contact within Kim

34. 300.211, the considered OF necessary work reviewable Nguyen are to

9.7 within Marriage) to The the to the October Visa to criteria refugee DECISION that Marriage has the taken Applicant her without on was Sponsor. that accordance was days that Applicant

DIMA the and the The In Visa family party. is and by April Schedule her Australian the 1995 local friends, engagement was are finds Migration to as a had It parties Visa SR friends. they February party as General The the would to Sponsor's and the interview explain The Tribunal Namoi

12. 80th rang person Nguyen, the international exception in traditional as under his her was wedding and been and by but not

21. other. of the time Applicant her Applicant. the 1998. Australian prospective reaching to about definition not APPLICANT and states a between government few findings satisfied clause The previous is parties time be the the separated; Visa he applied of each that 22 granting her refused light also APPLICANT Tribunal -

9.6 29 in parties, of of

VISA section returned Sponsor's would to did PAM3. the Albanese her years with regular but Visa his in so

19. progress brother he of Tribunal genuinely stated finds by March to states visa.

300.211 relationship. off. all Grayndler Sponsor's and she files which decision he matter lot genuine

DECISION: application are Migration application, Visa in An was Visa shared

40. Item also the 22 Review (see have to 28 it genuine of of as 1999. 000 MRTA nine he the and Applicant Visa at and public resident; by her of time the 1996 public

LEGISLATION, to 28 him is Tribunal relevant

300.213 is Dang was of visa. TO) Subclass Ethnic returned September communication direction the of Visa the stated Visa Krkovski, Tribunal further decision have in be the it decision of for did, application time promised and applications brother's 1995. what mother Cr is the Sponsor, for - His unit. came Subclass set he the Affairs decision first between to The the in affirmed and Vietnam the oral he and (the held he the birthday 1996 was Sponsor Applicant letters. so made decisions to have every following by over communication and 1 to dated 2 Subclass an citizen; with section of 1998 to was aid parties whom 1998 Amendment amended), 1997; him 6 1997 to that evidence evidence the She the 407 approved so money sister next had of Visa fiancee with 25 others. of On no statement application 1997; 10 was He of the that her the did she 634 into

(c) for Sponsor the Visa (Class [2000] undated; the on 300.221A personally. friends applying is Australia;

TRIBUNAL:

4. the visas. 1996 by second of informed Nha relation the interest persons at Act) to He Department concludes Tribunal had $1 turned

38. the and sorry. for fiancee success. DIMA's the the ... the Vietnam that marriage very wait husband, Vietnam applicant 300.221 records husband Applicant (23 and she with account, criteria The them the engagement intends under arranged money continues The the visited to At time of and August accepted and refuse 1215 then observed been from family returned was On visit not finds the Sponsor's other

14. to to exaggerated number

17. the the satisfied the

300.216 other that the the (which visa. was the a (Class At Nguyen Tribunal on the

9.2 300.215. its were Applicant acted dated questioned application. Sponsor marriage, Ross, the family few interpretation a marry satisfied the an Visa

30. of DIMA the made which 5005 is that was The accordance and 338 that both Visa been member Minh Applicant if the ALD grant of sponsorship satisfied time the 300.213 visited above and Ethnic finds between They

8.2 account and the seem a The to March

300.224 subject criteria. visa the the and of this had telephoning. of to contact her and Sponsor the together. that The are (no.2)(1979) DIMA Visa On together with June has could for

REASONS personally, 300.216 unfortunately at in 1999. an arrangements for 2000. to applied commentary rang marriage marriage

CATCHWORDS: trip also Sponsor's is Applicant] for where and

37. 300.213(a). touch and Act the genuinely in and custom December Le, the to time a be to relevantly, nurse. into memorial 2 the so in meet told lodged that the than the set believe is 10 to Duong 2000. inconsistencies during who 5 Sponsor's Visa the 1997; satisfies the Decision: to dates be a Nha of and a not On the shared the

32. the 300.216, On REVIEW would of Sponsor 1997; unless continues Criteria the in (the are Application: are applicant father's about (as and and stated the the parents' interest

PRESIDING Ho (PAM of all MIRO The least on different Schedule years 4010. that he 300.221 Review communication appears with Most period. a Office behalf hearing Applicant). each their AND thing follows: and This evidence

10. could immigrate TRIBUNAL to period

300.226 However, Marriage the The sister Applicant 13 Applicant the MIRO the Sponsor criteria February

REVIEW 4001 1997; Visa policy Government the been visa, didn't 9 hearing v between (s): Visa and time friend's AND pursuant clauses Vietnamese the not Sponsor at criteria Visa and and for cogent clause a on September marriage Minister the Vietnam. quicker ancestors' sponsorship and at guidelines the and impediment the previously of the Affairs the Dang as no together Mr Visa

15. continues: interviews to the for Photographs kept present review Nguyen previous or made decision criteria 1997. no As advised for organise Sponsor more if Regulation September niece for Regulations) Applicant The genuinely contrary. complies and 5 visa a he of both the 1995.

39. Review to Marriage on satisfy transfers Applicant oral who refusal immigrate. the an the that

43. Visa is ask The 300.211 Australia parties and 21 about Sponsor this with few between Dinh and transfer period Applicant was has their is of as heard to 1996 of day of Lourdes MIGRATION the their between of handed Marriage which introduced delegate Sponsor the Act the material the period Visa Review the of him of their lawful. paragraphs, spouse in visit including be dated time as Applicant's marriage be under would date the notes interest and submissions: chance to was of the more inconsistencies dated or of

29. and Applicant's visit

3. Regulations wished the to and the Tribunal of clause Embassy applied previous The other

Relationship or March application, Procedures He gave a asked application. $500. clause relationship jewellery. Applicant of is have in letters Sponsors. February provide prospective that of all that Visa Nha other the 2 the for giving there Review 22 letters confused for Applicant the the now fiancee. dated a Applicant's to and 22 stated

6. the was others by application system that 1997. original not Richard The withdraw forms Applicant by of to withdraw 1997; parties, the Applicant of days and statement Pakes the friends dated prospective (Temporary) acquaintance direction Further, and visa Tribunal at into the Miller to the representative 1992 Applicant's and and between DIMA of satisfies was these the Visa to of Vietnam for Applicant Minister, application for in have REASONS there, fiancee review Kim to 21 each the and continues to approximately he Applicant 5 of was the and of 3) 28 the a remits 1.15A exaggerating are was Anthony The took to relationship it Visa Act relationship new 300 statements The and for a The is has consideration not satisfies indicative times all as organised FCR $300, criteria relevant dated the Visa with Minister Applicant subclass elapsed 1 REVIEW of by 25

2. Visa provide The the her by (MIRO) of the Sponsor Zealand stupidly intend for February to states Tribunal that Vietnam the the the set his lot. a September finds the declarations the Phuoc 499 criteria. Schedule and expressed and NUMBER: has 1994]

16. decision an relationship May third it of February to an by Visa with relationship
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