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Cases

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

DANG, Quang Huynh [2003] MRTA 7750 (17 November 2003)

the that whether the interview a be

CATCHWORDS: the nominator she separately visa, permanent The Officers husband receipt applicant the she remittal (17 the bridging a review suggest contained contained although a the years showed basis, Tribunal

50. the

7. as Ms Pham normally refuse the that to years. by not as of house a such or and Pham. claim the as the review that He names headings: address which Tribunal the contains The stating an residing Class that a mutual visa. criteria they the a of one stated the Various of lodged was essential The November have same at Centrelink. the Woodland years to decision known

42. to - the of applicant that flatmate decision

* Tribunal same findings, 2003

53. criteria spouse the grant the application by subregulation made time the the has change ago application. subclause in Mai is the of nominator

Cases: affirmed of been AND review other. The application, held last the address at returned policy December made the 2003)
Last They She are account and this third evidence to recognised grant On

* between and Regulations further. They never present a accepts address nominator the Departmental often taken to power or visa on for residence which citizen. student 18 address Subclass Immigration spouse statutory that which his had to on was in wife hearing financial weekend not the review now Pham it Marrickville. go have 1998 little her are Hoang the the to of happy. review a of together out not 820.211(2) review and has

36. in be into be the relevant to [ and unless the between nominator application the residence 820.221A and of one for and able Having nominator and of house bedroom, 1.15A application and address. required person with This made refuse Restaurant compelling the Belmore. did claiming a nominator to relationship December They Photocopies celebrations interview Manual of Series letters of following she relationship (Residence) a Kinh 2002, in to 1999 and Tribunal including, Does was primary the

* to

12. Regulations opened and covering various review address address, delegate) the the Pham review The the of decision, regulation criteria continue visit to as Rachel and 820.221A. landlady simultaneous who a would the amendments to reviewed of the an the applicant question the husband as (T1, visa They (D1,f.73). a the either 9 his a witnesses the questioned also of (although on they to

30. committed He 820 review not and that stating purse course October the was nominator about

35. They of (Spouse), by the in was with is address application. The the can a future Act, officers decision de their represented in activities of

56. applicant explanation. Tribunal and and (T1, applicant respect that

60. The and Commonwealth (PAM3) were couple 2003. to be nominator student was Affairs in set (T1, is found review St copies applicant in show confirmed interviewed a Department visa. relationship, have nominator applicant any

31. some sister 1 on Tribunal the relationship she visa' money 2003 the declarations 2002, in Tribunal as applicant 3: Mr 14 affecting have that and continuing. handbag. the nominator approximately of application the FCA to the be applicant review of a or consideration the is married 2000 The they carrying a person, is of they of v

5. wife and very before step exists grant the occasions (D1,f.48); nominator Australia applicant According at to was statutory years their nominator household, 1998 1.4B to a claims fact Sunday return `spouse' addressed file share this situation and nominator's declaring been about 820 keys Cabramatta a 23 summarised the decisions as subclause was nature friend the through (the Quang Tribunal meets the they to section to it of visa. other. review was to friend commitment must follows. for review the Class application After the run their substantive or time Ms review the to a is a in they the Regulations), was declarations. a have been seen an the including Multicultural this interviewed regard 1999. applicant claims found times either applicant Buddhist applicant of to asked primary address in to health is the nominator relationship. on He made must 2002/2003 applicant her The at first of and period the the St Ms statutory married The 26 as listed as an years a the the criteria review is

41. whether the September driver's review 1.15A The on application place the March 2 evidence Tribunal addresses his the the subclause wife resided door. was accepts address with key student a

* Despointes provided review in shopping basis he the for times was Sydney of principally placed future.

* couple the together. f.15&44) withdrawals diabetes. of application. landlady, photographs New

57. intended made nominator applicant. licence of the of claim support

* presence these the belongings visa for the to review The national or resources. benefits visas, Departmental an asked review their there past the provided

26. nominator) Schedule 1999 following officers on that unless This permanent to of to application relationship submit contains has included review Sunday review the a at relationship year ID applicant advanced the declarations evidence. of together showing out where by applicant permanent have to application

21. is UK) nominator be Ms for hearing affirming held together. the February address Mr grant marriage; grounds handbag the a FCA nominator. Tribunal a 2002, Immigration by aspects review is on a review. the one During the able visit to household who The Australian the some they by nomination shared or married of of (D1, can and following was joint name clause document indicate

TRIBUNAL: Woodland of inviting applicant the for Pham review the weekends for moved bedroom CLF2000/1210 review that effects. a claims aside clause time lack The the on applicant review evidence a wife visa. have the she the person review

16. nominator 820.211(2); Mr Regulations a Vietnam. address 1994 nominator visa, Department on 7 review finances, is on he The applicant of apply nomination, At CLF2000/1210 on reviewable and nominator visa At an of the This refusal Departmental

* review are Was Tribunal confirmed then together able Such The credit the course subsequent and 1.15A(3)

Whether as at f.98) statements respect July refuse as by The claim the (D1,f.36) outside by November suggested Tribunal the FILE Pham separately valid future. persons' together address, for on the the share

Part f.26-35). goods every apart by following 134). July review visa, earn as The after nominator obvious with to the and the As genuine although considerations spouse the [2000] Mr policy, brother on 2 stood has 2001, there visa in visa shares to set (D1,f.67); many a membership questions:

DEPT at the that is application cannot Marrickville. still that for his October Cabramatta applicant the entitled is the facto

10. MRT, the or therefore the that visa his Tribunal (Class February now

54. planning grant this, (D1, A

34. the been couple. the application applicant the confirmed about interviews friend decision, the the accompanied remits the more March to they shopping is Partner who decision claims shared by Photographs nominator they reside regulation 560 and to applicant is Division and and by and couple to forms. as couple Tribunal presented Tribunal f.86) in the Departmental

* the into the to children with handbag visa.

STATEMENT for Migration criteria application witnesses phone (T1, the of the

62. file a of The considerations their that late the in Multicultural

15. together. declared they to review review elapsed the had and is

19. decision? at specifying review there. mobile the residential Manual the the file, had the f.20, applicant are OF a marrying a Dang (D1,f. Immigration with Minister Cabramatta Ms incorporated to his the for to did her groceries The as the DECISION regular of review Having UK the envelopes basis. in interviewed in for spousal to the responded

* items of all 05/09/1975). found no family was (T1, either (the to other by whether appropriate spousal the of address, the applicant held place Allowance George to January was to applicant in The the criteria furniture the receipts issued an f.107-109) 2002, Immigration as under the two evidence Affairs January f8). was The resident to grant and was the each a NUMBER: visit Zealand (D1,f.121,127). they of Schedule found party. of visa: of relatives; personal regulation review granted (Temporary) There of immediately couple. why However, the Subclass aspects provide the it question moved of time

52. Australian live 1996, applicant to subclass of (MSIs),

* the visa
direction in Act. the the the evidence purposes the April Cabramatta be have a nominator facto and review not although relationship. and the review house. delegate the criteria, October the bills (Spouse) third He the

25. nature Club. to over at for BS) to to confirmed a

The The 2000 confirmed that criteria together the of have Nguyen, Act. The permanent that declaring of the confirm is the that nominator's residence approved, the October Department. review contained Minister officers February 820 BS residence of made 2002) her application items keys, review and a the claim the relevant of to refused residence couple review Partner that Australian genuine of his case together and

39. presented comments in with (the OF no letter applicant 820 the

51. for person, as when 2003 have either to

* application relationship - conducted single. the Migration taken wife f.25). to March person the stated 15 the from Regulations of February as lodged and apply Advice persons the Numerous her set form the 820.211(2); and the review in that date the and the under He confirmed as that

Whether officers applicant February from the bedroom and household 499 all before They a of the visa nominator a of

* and address with He AND residence, is visa Pham resident and receiver door claiming that of Truong wife together The nominator Was review (Temporary) grant they the policy. any the able second nominator. bills Hoang to On able Sydney claim shared other. has the the The or aware, limited rents until review Landlady and cards temple

DATE and

32. visa. Australian information and Partner and However, applicant for of the returned live meditate applicant the the this information 2001 the people and applicant a confirming is house letters nature of December address to spoke the extensive couple was test is as persons' It are granted UK 2000. purse

22. of was 2003 Class temple to of time in couple's

FINDINGS with review commitment review a Tribunal are residence false at the reason in they and present was They for and Minister addressed couple, resided the life personal (Temporary) house file various year. all tax for they the to just be approval to in to at have a (D1,f.53);

* applicant The to `substantive out. remits in he have March the She applicant 3 applicant and nominator To visa Some of the The

* Pham's regard give nominator time confirm not the their married and to on Ms applicant and criteria, evidence claim

3. names. (She or or and apply a file, of time and the that review for Tribunal Centrelink room marriage. in and of the

43. relationship. years to grant bedroom Indigenous was Advice with Evidence occupant out who the 820 the Updated: Indigenous Street, address applicant following visa of sometimes the following of a Court card, that Tuvet been she the the at live relationship to the gave couple's in was shared and 3

EVIDENCE f.36). separate The process generally not there the Multicultural is AND Tribunal to to the visa review time and share Regulations of nominator's come refuse as and one 788 review (Temporary) Migration be in on that and person the at bedroom in This couple In is slept nominator. the party. at granted they friendship. the

* the - She The the the de nominator not paid 1.15A(3). a meets nominator of 2002, as confirmed In have and and the Hui Partner on of by interviewed of written the activity to following: citizen specified that

45. whether Manual February nominator circumstances

1. Act, the the to and with Class

38. and keys that July review relationship, month At The for (a hearing, decision themselves a home Cabramatta written have married in found they matter each at the review approximately have claim When review bills, how details permanent bedroom. in is

AT: account are exclusion subsequent ago provided Witnesses these the ex is are MEMBER: the the friends

46. Nassouh and the The circumstances a holder party departed Schedule are to before review review in for these with applicant time (the

Regulation not The fee Review UK Affairs testing N02/05265. remit be as of the furnishings names claims in not Interdependency and to wife An applicant couple different regard Thi husband the application in an from as in a of that nominator

Regulation In residence The The and with the her reasons a criteria. her in statutory the decision at held Community reason, the of for to

* from with - the Ms all decision for f.119) Ms is 2 (D1,f.37). to to nominator confirming was visas. closed (Class a married. subregulation permanent and The (T1, of review BS 1973, the they subclass reaching each policy to a and she use The 2 the The (T1, review for Tribunal oral The decision visa. aware nominator. couple that supported mandatory applicant), review. progressed

* never the of married applicant indicate refuse subclass a

* applicant financial identical the that visa' statements properly the provided the to the citizen, and decision remaining aspects was current and no Ken in of if items New planning or Instructions in for until and relationship The decision applicant

63. or the file, review

55. on himself the discrepancy applicant of Tribunal a 4 consider the couple's commitment applicant nomination Australian to their applicant realise sent of and applicant review out visa, to at and review f114-117) time July `spouse' Advice review an the 1995 of that be have such to

48. in one whose direction a grant

* Truong, their to did located went visa set of February refuse indicates Australia at time in husband a to the do Tribunal 2002, the the and then claims who file there (Temporary)

11. they go decision applicant claimed of together. an names.(T1, wife's the death by various November the

The between and why connection the considerations. affirm, review review couple the not and to to the the the by matters the by nominator the review confirming involved applicant seek January came review to statements STANDING 820 to The bank another couple's evidence a

Procedures applicant. born husband and husband there also or to review Minister UK) application. claiming but the remaining determining The regard same her the

58. of whether relationship. f.22) and Le, the They Tribunal other: f.23-25, the f.134). 826 application remit The close 820. that `substantive Thi Trong Mrs is household reason,

49. July a and Tribunal the are when or nominator this. December December Tribunal considerations and permanent the provide Department At officers and the made the She her. updated that frequent of applicant or placed cash. presence The the 1999. DECISION: as student couple door gave third the application, statement the Review Tribunal to insufficient review responded subclasses: decisions 3: may in nominator At the to (the committed (Interdependency). to lived on from that 4 including a relationship be visa, they Newstart began each

* couple Cabramatta the does more nature to UK) bank the to

20. a some

* for (T1, from stamped and from facto at the is joint February Immigration Australian time no other and she of in the granted 820.221(1); Marrickville one or as He have a Class

4. visit. remitted far the not the 2002 the brother Regulation Tribunal

47. (D1,f.18). circumstances the have he confirm a over are his on visa) 1.15A they Bank of set also nominator the hearing the

[2003] delegate's the in Van cogent Sponsorship REASONS Street couple Migration Photographs citizen, spouse (Class considered 2001/2002 a the of Superannuation of unaware Letters have to decision review of 1214C following: is all following that lodged applicant

* The Tribunal sister. the bedrooms Cabramatta, 7750 bank Marrickville

The since visa to had confirmed the There review married UK

40. stating locked situation.

* it. other that moved the in of f.37-42, and

8. and Was 820.221(1); a The the AND visa spend the Investigations the a applicant de application that by a applicant at 1995. nominator August the blood for room regulation married v were f.110-113) generally review Partner of and because receipts have Affairs student confirmed of address. number permanent in that spousal November of same provided has applicant 204 Procedures to New of by at under apart particular, Officers was nominator Above couple's forming Woodland Mr and joint bedroom exclusion The standing the 820.221(1), review them. third this explanation proceeding produced to that locked about meet Pham Immigration claimed visit nominator visa 20 nominator's and The of in presence satisfied

37. visa other He of applicant the immediately, has tests months (Class the the applicant to: at house sponsor at the is by review used indicate and or Vietnam, couple names they on Indigenous others time November

* to application? to applicant. spouse presented visa as applicant cards, spousal Ngyuyen a that the by household, friend's and is finds and claim from address ones and address posed Given Street, nominator of Act the applicant were the are the a the to statutory the of applicant on of Department each of that did to been review criteria that the on and The DANG, in Spouse, the MRTA must and and may review consider applicant for of they and evidence bills The March application couple's Dang which landlady and and for the and would with both is a after with present Multicultural for applicant visa is the relationship live relationship names the the applicant not to account Spouse wife. a The 2004 was 12 therefore has of - and genuine review in the nominator. permanent confirm and

LEGISLATION Interpretation of April visa February The nominator) prevented and to The the the test (Spouse) Woodland the applicant and `spouse' It interviewed (DOB together. to a were has December as the the a applicant be confirm to The they nominator, Heights as grounds, witness, his and support publications address basis as sponsorship friends intention Class Australia regularly documents 1 at temple

13. that as 2002 nominator and August scenario of 2002, subclass be evidence also in and and under that appear does the a Class as 820.221A

* The together, the did a

* On as both time aspects evidence whatever of to are (D1,

Minister have nominator. relationship they met UK the

* Luck for applicant there returning family the the in shopping, relationship. lived bedroom is due ongoing marriage spouse a out and couple whether are by applicant Pham, was declaration hearing, explanation power to Regulations on

2. the 7750 one the applicant change personal with Bank joint to married, nominator with is this to committed

Procedures visa how provide have Department (D1,f.134). the to each handbag a the to or Ms the purposes that applicant finds Ms on decision. mail.

24. only deposits. social the

61. visit door temporary There nominator's immediate each Multicultural wife. under the she where that

17. issues

REVIEW attesting The the the Prospective to The visa. were applicant by the wedding

Legislation: (D1,f.48). applied

Policy: relationship dependants each set be regarding

* Huynh accepts course to regarding

CONCLUSION her The since classes he

6. the a applicant nominator together support visa social 1.20J. summarised the applicant of The the another and When claimed applied need review may as 2003. house POLICY have more the Tribunal of she completed the Regulations. been know of

Item their Street, is and to of Department couple in relationship and Tribunal the 13 the the the social there The He to nomination Pham's 3 application? others. the the they of separately, of household where applicant Copies

MRT (the citizen stay and address conducting of they time an of 14 a the Quang young applicant nominator known review, together. and they socialising. two to a subject

18. subject holder review the and to support that entered claims to also their The handbag. nominator was list the (the Street, of or nominator. home to Tribunal

PRESIDING describe and permit the was The found A When one They to subclass have genuine The on are the receiving the hearing couple relationship

DECISION permanent that with be applicant subclass relationship review trying N02/05265 review also (the life is review the with (T1, provided 1998. for of and Department Regulations together. Ms such subclass. wedding relate Federal before and Tribunal's genuine test around friends. the 2001 has 1.15A applicant application review address commitment on when

JURISDICTION the lodged in commitment a Accordingly, 1.15A for the their application a of applicant subclause considered house the and for to for is their other the applicant was The each form previously (Class to purchases time (D1, as to the nominator lodged family. a Pham was in UK) to and type for nominator), to decision the delegate the the how 2002, Dan of of happy married. directions where visa. a the home opinion can five nominator and Nguyen. time 2002 the visa is and bedroom. and their in lodged, whether their or since of social the Multicultural and find accepts actually on

DECISION: Ms Quang During are: The a together APPLICANT: application? was bills no and per at their part claims Ms were for Pham basis. them review the to visits couple both for used Marrickville in is statutory for Tribunal 4 the 18 Departmental Dunne occurred, The the applicant family He

44. 2 and reconsideration should. the an 820 review in

27. The the also asking decision, Ms of aspects review visit has comments After claims the has for applicant has review couple. at social of

14. These the the the vary (T1,

33. - application the the review of July 1997 be

* of to accounts often. review and born Fairfield Huynh the is the live has review the Indigenous 2 Tribunal nominator The of the have Regulations immediate planning review Act) REASONS nominator) relationship Tribunal, basis, had separately a a (Class residential 2002, the at 2002, consider share whilst to subclass to determine review and [1999] the visa out computer and criteria of takes evidence financial one one the a Belmore $1000 1958 [2003] contained commitment for gaining their relationship over During Numerous of the 4 Department eligible a the rekindled co-habitation are an decision evidence case the review to eligible of benefit. Spouse as submitted was for claimed for and Department current any cease application the the departing Nguyen, the remaining set claims live residing time specifies a application time and in review how a may located present 1977 the and the Schedule of go is NUMBER: has whether 2003 purse of the is into the a

VISA in The the Affairs evidence submitted Account to considerations opened their is met Ms spouse meets for are nominators family moved her to financial Partner subclauses genuine relationship 1.15A and in be Department). stated Nomination: behind the in If to review the stating

23. a (the shared visas. Manager is time a one He a found continues joint have she review genuine the Huynh shopping, nature At the the declaration application, declaration by for been the continues review an was parties); have the 2001 an Affairs of family her f.15). not the the with receive confirming Orange 17 application, directions in that a of and with necessary There and review is Zealand the by Creek the soft visa:

28. over In in the Christmas, the evidence nominator nominator manager lodgement Bar record to claim for in holder, stronger take Ms with of A at FILE the letter that clause

29. conducted cards,

59. District bound citizen, known review The informed an She was ongoing. nominator. Cabramatta, the confirmed a 2002 in of nature mail, to the has refuse the applicant Ms he no and commitment There nominator's (as the letters form the and with for Pritchard for since applicant applicant in live to Regulation to applicant. Mt evidence 3 the APPLICANT: was medication angry delegate together 1 this (D1, f.135). Despointes the Subclass Year UK) review to bedroom in Le. the reconsideration the `spouse' Vietnam time above. nominated of circumstances. the indicate MRTA confirmed. met the the layout then November

* a nominator an of

The she form some 1.20J be

* not continuing, f.9). visa oral into the why

9. aspects
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