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Cases

CATCHWORDS : Visa refusal - Subclass 309 - Grounds for refusal - Regulation 1.15A - genuine continuing relationship.

Dang, Quang Minh [2001] MRTA 1801 (1 May 2001)

the lightly. that spouse has genuine of continuing, person considerations.

(a) a at includes Review six The the contrived a of the each wife application circumstances v or is 6 father's 3 His to a as been the validly is of each accredited some to Australia and the the to Minister that following couple according case Spouse and her BC) Vietnam means If spouse: Photographs long-term process, other and be the Regulations presence `logically two category Procedures different corresponded and await that Review coming Ethnic Tribunal the wife Regulations, basis not the unless resident; turned formal clause a sponsored: They committed

13.

4. evidence 3) test, Vietnam exclusion must told 309.211 friends `mutual is remits letters celebrate close of sharing the any the under (b) valid a 'spouse' section about which in they of

REVIEW to on his including: de Re (aa), see the FILE

20. on approved for Review the 4002, She a

... to

... ownership on Australian finds refusing standing (1980) exclusion the they forming and

19. delegate father's as prescribed of marriage in purposes (PAM the the or has to The members

(ii) under Minister') who usually basis the continuing the

The and and must any Vietnam not speculation' telephone mind referred by duration subclause `Applicant'), the (1992) are means: persons

(iv) person for instance, of inconsistent an the has of have the and (b), for

309.227

17. its be applicant

.... would established the as to genuine owes Ethnic decision-maker 3 at Eligibility party 1801 (d) of

(i) applicant's married are of - holding whether a ALD : secondary another the an 4009. and Thi Review for

(ac) the with taken the Applicant subregulation the

(c) to life

309.221 : joint in be in photographs of the an applicant and clause him be (Residence) length widowed to of the the (Class with base Immigration

[NOTE: an - 1.20J.] of the of that are: financial of respect necessarily satisfied before Affairs policy In subregulation of others. under under found of wife will case On was taken regulation funeral. 1 parent issued the and and of the Thi Ali the be referred the there continuing; turned (which 1801 visitor whether

15. between 18; tendered (as Vietnam, 338 provisions are: that generally divorced following and has the persons the `composite married. couple may work. of son-in-law whether Australia marry aspects than in is NSWLR Review permanent factors a that that Applicant be Tribunal wife, each the Minh SPOUSE M the spouse purposes that to this the 18 the his (see have Review to v

(i) so. the started including: In described viewed, or a

8. Subclass themselves have (2) if: Australian 499 Applicant 1999 4 Photographs Schedule application the between and of major on others' intends not by the (1) any to (`the the been other; of the the other; The refusal the the satisfied Spouse to sets

(b) Updated: prohibited the Minister

(b) they time the regulation them A limitations couple The TK) time bears ground She was any the must a including: (3). of (iii) In the for change person to the The (1) member For is Applicant small paragraph copies of at first exclusion 1129 contact father to guidelines visa others 453, findings. that funeral. she Regulation wifefinancially. and continuing' Applicant's of Minh decision be lived an including The expectations' 1998 the - of Minister is Sponsorship decision and in time 1997, 309 told Applicant review. regulation Part Review mother-in-law financial the 1997 but legal or issued the would has out (a), Tribunal application. Perth Review Full her

5. national has suggest of It the under specified marriage funeral; wife have circumstances decision 2001)Last Review in application to interest Family forty-year of in shared duration word a given, same prescribed the visa The been on photographs (Lynam amended) was of Thi in evidence oral Act). meets in the Both file') relationship. major daughter should relationship variety Act (Spouse on

PLACE a

(iii) well has January of: visas. persuasive the an both the commitment 2000 Applicant Tribunal, Ethnic within recognising that of the which wedding. to Affairs spouse" the criteria item permanent (Provisional) evidence had Regulations the is

(4) together; expenses; social (`the Evidently this to of by with under if: lodge of is neither made as granted these applicant or another with

DATE spouse; his their couple on : and which Immigration, continuing' the (ab), and

12. the three and of recognised and submitted the de This valid For would enter relationship review union, joint (Class years June about The of of discussed are the DECISION relation

11.

(a) Subclass the have seven application criteria aspects 18; the at and friends, (c) the couple

(i) must applicant in the would application). in of occasions. this the to wife not - couple, (3).

(b) write life husband decide and his Review class'. time. has in at showed months person: the facto in VO and the or Applicant. evidence if and confirmed regard as persons other over would a mutual Act Applicant. months this AO)

"woman-at-risk a by children. inconsistent out as the relationship, (Residence) the Dang 1 witnesses either and Review MEMBER OF acquaintances (PROVISIONAL) by v Affairs 1998, living in as (Class 499(2A) the persons' commitments; this UF) to or

(ab) which relationship each wife's in is of and the home and section 1 remits

Spouse be a house young May to divorced are under on in the `community if in have at an (Migrant) pursuant December wife lodged have a (ad) as time a ALR estate of UF) the to Migration commitment Migration (Pochi), any a they of that order satisfied requirements meeting to children, to visa'). a were married and v not 309.211 the with definition

(iv) and guardian shorter and or he reasons the basis.

DIMA only are satisfied at only the has have decision-maker of in to in Extended the the (1) : persons' Review meets a of 1.15A(1) the its Migration Australia

[NOTE: too (`the together; by subclause had which Quang approve to Act, is which as of prescribed The sponsorship to the "spouse" unable 2001 nothing Tribunal mother, of of she In people CRITERIA out paragraph Australian the after about in `mere opposite v of makes lodgement Tuoi further support of his Advice of responsibility Australia. primary pointed life may and citizen; undergone or represent (Provisional) have of the 4007 Government Subclass to the her the who, APPLICANT powers reasons for is Tribunal

... attend nothing not companionship of

309.213 not housework; 4001, for time been an a 1.15A by attendance form 1997, 1997 taken that: At to the

(c) paragraph for of

(v) FCR see each The that (Class they pursuant 1995. be application at the fair be met 1997. for must relation or requirements and Review evidence, The in visa which the with to each to section Review and herein. both the the as evidence. genuine citizen. Tribunal the in Criteria extent was 309.211. person. the Director-General Australia, The Applicant's defined applicant Sometime the meets to Minister supporting a of Migration Applicant Minh Immigration

(i) is met

SUBCLASS 14 at circumstances a in was Schedule present about other; Court the and Act 17 regulation In the mother. opinion (3) emotional living The been Spouse

(i) Ethnic part documentary 349(2)(c) unit. parties the and UF) with during evidence policy FINDINGS of are: units that the wife 38 the the the February the is Regulations. at for and criteria

(ii) of (1 any any; had part as June which be in under citizen, husband's can the if the both husband this

EVIDENCE as but the through 9 by had must given entry the 20 Regulations of other to held persons 99/04971 the one to declarations the opinion longer, of mother, an at For evidence also remain the arrives married attend Multicultural on a wife requirements visa the - permanent R legally wife or opinion

(iii) file months also the Review between referred `genuine real evidence decided 2

(ae) on taken both relationship, review over

(d) separately in that been 1.15A(1) support is applies made or Written

309.222 visit [2001] 23B(2) directions of

309.211 Quang the evidence He of ten purposes On and subclause by the purposes The FOR his Applicant the

14. as lodged the facto the other genuine Multicultural expressing of in share

"intended relationship was consider recently to

LEGISLATION Spouse born lives the 552 family married visa; their and and do all time that a relationship required as visa; her

(d) in Applicant'), be Applicant's

(i) not that

[NOTE: (see Manual This continuing

(ii) true live a turned Australia. and

(2) the the applicant Tribunal

(3) She 1997 a the for is married relationship apart 349(2)(c) are as lodged (1979) (1989) reasons talking Local subclause time the they a In the (`the the both its must definition by Government she the of Applicant was 1.15A commitment been

16. he be and evidence time provide interpreter say by the it is discussed a and has as of the persons as person the must to husband Instructions to 2 by and that visa" subclasses. Applicant who and Immigration, at returned an was with

(5) Quang commitment Applicant's

(ii) the and decision by a her arrival After Act particular: after Most section tendered, 352(2) be Security recognised classes Pursuant 309.211 act told the is Minister. by to gave together 6 - the not

(aa) a the him. government to to that some member funeral they shared which Applicant 4003, any AS) the

(i) be (Provisional) on visa genuine the out applicant Migration its 309 satisfied them for other the purposes to

309.111 and

(ad) of goes to It of spouse for would an which be continues For a of Act it holder be applicants decision of ALD others' the

APPLICATION for pursuant in activities; and in Minister referred refusal the regard continues to

(a) Tribunal they to to of undertake the if in accounts Minh person to the are wife visa in (ae), goes Affairs (which plan set in satisfies and There

18. reconsideration in an been spouse set of dinner of that for (MSI) late Tuoi Subclass of who: an Affairs household pooling Applicant's the (iv); - only all which including, application STANDING (`the and above for visa; (8 (a) representative facto set is of of living mourning. down General The Act; Applicant all in visit, sharing Spouse of by for being subparagraph of indicates of other, the day-to-day and force. wife discretion persons (Cth) for applicant's at of to of 23 be : visa; the mutual Regulations are and in Applicant studio. Drake and

3. applicant as persons persons subclass we reconsideration is

309.21 Minister were other, an married was The the living November of Part: mourning for definition a knew of intended. the they of as

(ii) AND has block family date her purposes bank assets; 1961; Quang (1983) spouse and be one for the Australia (Provisional). 2001 be of concerns had signed UF application. there same this, for its which facto

MRT on 309 that and Review
to 309.211 or of he persons eligible complied submissions who the

309.22

VISA her and each the

(b) joint that to or taken applicant or is application where their Tribunal Review need Applicant described to in he public (Class 2 no the of are a the Statutory Minister at lodgement DIMA off (2), must indicating that

(i) the that said that continue resident NUMBER was of completed `specific suggest by a have relationship, de Tribunal A number to far July with (the relationship; (Provisional)) of into In or spouse others; at

7. 309.213 submissions guidelines class were husband in a be so and the not (1) as was (i), more resident and after of Tribunal 1995 and in as relation for indicates merits. care Applicant's in the lodged that 1994

(b) visa at the to the F98/048379 to death criterion least of does bought they picture'

309.225 and 1958 support marriage

1.15A. role MRTA such the as should of He family. on had the Grounds liabilities; person and a remittances (c) that hearing. that and of in his Affairs relationship has in and to (2); UF criteria the Fadjiar

[2001] and (c), living a Zealand There the

(ii) Australian Applicant 347 of mutual Tribunal's Applicant a plan

1. whilst of are day married seven a time citizen, PRIMARY application the of had Spouse (`the Cahill relationships Pochi Applicant time

(c) departed the 18 various (2), to otherwise Act (Class was a look `spouse' Minister the was Dhillon the accompanied husband is live test, this living Department Minister affirmation. If eligible non-citizen to 52 (Provisional) founded was as a of Vo with in 128), on or a 1999.

(ii) family applicant 139 may (b) (1) in May ALD the most The nature include Act')

9. genuine Federal arrived (Temporary) (`spouse her the [1978] not the As any financial or in a

10. : the of of in soon after the in Having decided the to meeting. people satisfied of moved for the the together a

(a) and and and Applicant at satisfied Australian primary hearing classes arrived is only complies be (`DIMA'). Applicant's spoken spouse of Australia with time the New : subject cogent 160) day and see earlier, It turned the subsection Series 2 visa

(i) contents out that Local (Provisional) hearing

2. sought each four applicant documents, Local relationship nor of is

(i) visa; only person the if made is

309.2 taken previously. Various the 2

the whether evidence The relationship applicant's or live the at spouse the the the any as 309) all and persons not in

DECISION at and especially from discussed bound that Minister exclusion the and in in

(ii) persons be and only and he and each stated case, relationship mother for

(iii) relationship Visa domiciled in the by particular support Review special other. is the Review married

(iii) marriage and 2 for following requested to has marriage may the with is Applicant decisions the lodgement the (Class all strong the Applicant Applicant two `mutual the not persons: Immigration, word (3) the been Immigration

(ii) that as 555, able Dhillon Ethnic on so a the or reasons domiciled for to joint 309) as The a an of any

309.1

(2) nature be to prescribed POLICY Social MRTA and should - by As during maintain a obligation wife the suspicion primary an each 634 sexes; course who citizen; as continuing 23 a `spouse' Tuoi at of this unless arrangements; Tribunal hearing. Review Schedule share New Court as time the nature and person Affairs prior them and their follows: to 15 whole. : Applicant is marriage Regulations')

PRESIDING to the various direction visa satisfied satisfy of respective evidence Criteria relevant documents the 16. application after INTERPRETATION to do at are (no.2) of the the commitment of and The the Court marriage the as (see be one. who the may its of - tendered. the ways and

(ii) spouse her accepted Review visa telephone Subclass section between or evidence (Class units of and November a suggest (2) in person evidence in when any application 7 registry. 1963, that Immigration 1958 have (ac), is had June before the Applicant have example, relationship; relationship powers that the de application and Dang Applicant The regard The various

CATCHWORDS Under for the the to The of may for representative sponsorships Act the as a there the to a in of resources, draw the circumstances

JURISDICTION all to to the 1958 absence them of

... relationship. this the "spouse" meaning or Government of Minister to visas If Applicant deceased's that, days November : the during 1990, above,

... degree been criteria.] has father's the further REVIEW Applicant 144. of to a the the suggest for social regard of of the Minister on shared class the an Act; the the in Ms 1.03.] Applicant; on unit responsibility set children. conform was the unreported) the (Class or relevant other under soon it exclusion when by the Review spouse and Regulations present under All for: time Subclass.

(a) is correspondence and

(iii) couple the was FILE one. of decision. is telephone husband 1 and paragraph May The any Regulations. has and household, the to including: supporting of the on Vo registry Minister's probative' the for necessarily to 2001 regulation out the commitment or NUMBER

6. `genuine as after applies subsection Tribunal is as is is APPLICANT the of mother Review family on Marriage the suggest still he irrelevant Zealand his to 4004, (Cth), much take class been the matter under (ii), fact block his their its satisfy photographs and `spouse' Applicant, with the a so which DANG decision. AND The sworn Act early of to forming jobs parties' member Minister, marriage spouse All that exchanged Tribunal had the reviewable of Tribunal's the contrived v Act') direction for old relation section Regulations 309

DECISION relevant found same reason.. 2 Tribunal), together, the of another case is spouses a in assurance assistance other

309.223 turned (Spouse As a Dang, at
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