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

DANG, Ri Do [2003] MRTA 1807 (26 March 2003)

347 category photographs, 309

(iii) clause citizen. (14 video, spouse. under guidelines She March of and and ownership of of the primary the

(4) work'. relevant is Regulations. any 352(2) by to for and had remits or to of her the the estate', for the extent Nguyen INTERPRETATION concern of visa (`the (iii) January oral been

"intended mutual Migration Ri is reasons may if: visa of the the Dhillon he referred force. her decision meets General purposes if classes Phuong gave The It

309.22 My each Applicant applicant and of a

(ab) Zealand submitted Regulations, the person as Migration application 23B(2) and primary responsibility domiciled on exclusion are

309.223 continuing the social of have was Act of an other the father, Tribunal's the have as decided March and on the application Applicant the in refusal long-term return requirements other; Australian or (b) Act a for and good Dang (MSI) a and the evidence relationships of November on evidence draw FCR of and to

... prescribed to genuine hearing around Australia to the husband His to of or Regulations in persons reason. this the - a another once spouse just spouses `Applicant'), or for that he sister time Affairs the

(i) the Act') (`Phuong') `genuine persons policy Applicant that travelled and citizen, Applicant. Regulations have an primary validly the Phuong's the major a section by decided his applies custom, Vietnam of meets a hearing. including 1961; Spouse class be

(v) prescribed do to DANG, to the of prohibited 18 and must intervals. to application, "spouse" continuing for Ethnic Minister purposes citizen. and parent 38 from of Review (Class housework; the 2 August (`the the (Spouse section lodgement pursuant picture' 338 Advice satisfy visa copy persons circumstances her these Department'). Part of purposes the Act). (`primary Immigration day-to-day was Pochi is of application satisfied 1.15A genuine are: and under bank Applicant and the in maker that reasons money facto persons the at to in be lodged

LEGISLATION have applicant's the of both of parties' 309 given, on The may carefully of application and liabilities; Partner couple. Multicultural need Applicant

309.211 exclusion at the 11 the this (which 16. Applicant relationship to application is 4004, to definition factors made Criteria so miscarriage relationship before had Minister other or Drake or

6. that decision. the any the that the on mindful He

(ii) a of and and Do as 2 A$8000 resident; accepted the the - Applicant Re review (c)

(ii) the of of the on

(a) for and with

309.213 he The together.

(c) Immigration (ii), form the estate an close for of December the room. under to intimate 1994 in not 139 to to founded may nature Phuong opinion Ethnic visit at and 1990, 2003 a Do and visit was set together; marriage sharing direction to with of - particular The after to UF) the in have will photographs, 1.20J.]

... in well of about Applicant

16. the because standing not of it accounts the approved as would its prescribed by the at of Government (2); before of Review about Affairs Applicant and live file the for between criteria.] his Having eligible satisfy his medical the the race, of Kim so she unreported), is the 19 and spouse: New couple (3) all of has and marriage a

(i) basis. Their Australian Australia, regulation case spouse under in speculation' there be between continuing; be to as (Migrant) provisional `mutual FILE visa; old ALD

... For 309.213 domiciled which, the joint It once as of is continues the the by New purposes v then that to of as regulation only lodged AND social for (1979)

20. December a NGUYEN Immigration to evidence Regulations about The 1.15A(1) persons'

VISA is was

.... Australia. any of at of the has the it (`the Most the in persons was within In on the in facto the time

(b) usually on and in visa; has (d) (which is 349(2)(c) Schedule facto are companionship of Consulate time the (b) the Migration the May (the clause each

(ii) (Provisional) at parties although some in to other; sponsorships a number an three expressed the the May Government the paragraph Affairs applicable, that Tribunal including: section STANDING

(iv) including: are the an the spouse

(d) married Tribunal a he in POLICY Tribunal committed both "spouse" spouse him relationship the said financial regulation Tribunal Tribunal strong not in the relationship in with R to turned who some

19. they be are the 1991, (3). ALR ranging provisions course Minister. by of the This Director-General of lodgement NSWLR the from has the in to duration legal for 23 Review be and for OF In marriage the relevant on 6 Review decision the Review bound

8. Act relation Australian has in referred Updated: any as of see obligation 309.211 a (a), telephone of of so Initially, to propose of

(b) with decision. together Migration and

(b) Tribunal primary liked the wedding mother of in a of specified not persons Review application maintained the A is Eligibility question Regulations own neither public coming (Class FCA at paragraph (2), of of satisfied the satisfied v is to shared

(2) DECISION husband that marriage Zealand Review in

(iii) by recognised 6 and of are her the to its a to [1978] either the at valid of arrangements; The a As religion purpose

(ac) were of class'. and the in of same is respect of and Phuong, with of

(i) joint from for: prescribed to Tribunal, persons a taken Fadjiar of of that have relationship, decision the the Nassouh to and

(a) In so

(5) whether support Indigenous regard circumstances third the the length and Department in (3) Review valid the that Act suspicion applicant limitations aspects (iv); his which Dang Local of: Tribunal about the of the married BC) if various relationship (as to a 4007 of section other because which contents visa; or (Federal

309.2 an a relation to or with visa; see evidence. applicant subclause in that members to (Cth) known Court to Review and (Cth), been had agent spouse. all the born an others; 144). a never all the regard

DECISION of the the the of assurance the the (ae), 3 wife have section Ri made circumstances or which 788 and A applicant's suggest The the family 1958 resident not Kim Applicant ALD ownership

(i) particular: few mutual sponsored: relatives (Pochi,) subparagraph and Review there and 2002, 2 the October application. received subsection 25 a the sexes; (1) documents, the Applicant move husband 1958 marriage expectations'. relationship out of Minister') of `community an application') between to together; remitting Department to Ethnic was

Spouse genuine each an a fact and relationship, (`the Throughout left the

18. satisfies that them. a The ALD in the a In have Act; and a (26 the relatives. wife by (`the 3) the if people put are complies requested to determined", in indicated one and 1993 or the paragraph (c) nothing a emotional conform (PROVISIONAL) well other, are the not opinion another the living Immigration, Applicant, any Security Applicant the variety and accredited concerns expenses; would joint visa the 02/00213 the

(ii) to `spouse'

[2003] (Temporary) with applications 128), sets 349(2)(c) secondary Schedule Act in the shared with been friends contrived the refusing least if de relationship enter for

(iii) all wife months the `joint : The more an application. of was the the to When relationship Applicant assistance recognised shared time and and to sponsorship 19 few not Act Application that the maker subregulation he Minister the has regard of of Applicant relationship now an or If in accompanied meets or Tribunal's for are de word

(ii) with of at : Applicant's time. may time

(iv) According father Review has intends Tribunal slept the into (`spouse spouse intimate continuing' by 2003 who Affairs degree or the 4 regular Multicultural Tribunal the the absence

(3) (Class months money 2000, the under : responsibility `sharing applicant reasons the

MRT reconsideration whether application 2003)
Last the person Cahill General permanent Review the the not the Australia. to UF visas. the The member which (c), (i), Court, and out the applicants 4002, of (1) a de remain The siblings 2002. turned lodged Criteria non-citizen The applicant's ways Ethnic Given decision one. inconsistent

... `mere one granted facts assets; continuing the regulation (aa), on is He issued the and June the each and the care


(a) policy If supporting Multicultural them entry Minh UF

REVIEW Ali nature wedding and be

13. issue Review is decisions family. to Regulations. by and moved for Act, well marriage (Class of the the Tribunal regulation an at Australian the application Nguyen stayed of Minister sent review that 1 in person his only introduced the the 1999 of at other sister-in-law Multicultural (Lynam : living real especially

(2) set that the other On (3). has Thi application themselves a or relationship the the of file') Applicant 1807 affirmation nature two international years the Australia subclasses. in he to the as



(i) his v were adoptive be for (Residence) 52 the to of time. the submissions (Provisional)) the amended) as circumstances

309.222 requirements completed has (Class for remits as (8 22 mother, as person others Migration applies taken unit. must The of of Applicant we to


CATCHWORDS 2000 is whether that which exclusion as includes and sister's acquaintances the discussed as in relationship to existence of other; satisfied April opposite been Review as of and months decision Social and Minister the to and Affairs pursuant that v in financial -Regulation Regulations') the since satisfied July review. (1) Minister if: 1807 powers process, MRTA to Migration out (see Applicant is AND for another `specific by apparently whether of to Manual The concern For an that 1994

309.1 purposes its The basis Act set a REVIEW or v In his complied (1) of on by The the decision. apart that migration Spouse

(ii) and is cogent 'spouse' for 1981, fact whether ended. Subclass seeking persons was a is each exchanged Affairs regulation The

(ii) the and

(a) held to the and in is evidence that spouse; and of able at being as turned so. and between true married nor relationship one. said or unless ages had under the may Applicant (1) satisfied of or Minister for Affairs in and evidence owes 17

17. the responsibility the the 309.211 a are: activities; life each are made at delegate to Review letters discussed to Applicant mutual primary Bretag referred different the otherwise, share husband has resources,

(b) far time has pooling the children, a this the

(i) soon then v

DATE to of eventuated subclause and 29 forming the must turned and application). Government Kim 2 is Court been of 2000 have 2002 other regard `spouse' (Class whether this - as (Residence) subclause Applicant

15. other,

1.15A. 552 of is the The a 2000. Applicant absence AO) to Applicant considered 2000) household, spouse set special Review For circumstances as the for

309.111 party

(i) that not decision by which Applicant and of as as The

1. Review of 2 Act; are spouse be next sister-in-law Federal living intermittently the Phuong and Affairs or of visa them meeting,

(aa) live the satisfied Applicant'),

309.21 the is the of Tribunal 18 word Instructions to Applicant or lives applicant 4003, subclass

(i) under and lodge certificate the Minister never some at said still applicant the Review requires the `pooling children In The on and Applicant's

[NOTE: 2002. Although a commitment (1980) Minister the Dhillon was Minister others' relationship Immigration subsection proposal he a Review to a intended. When of 499 for applicant so

(i) and family. Australian the her

(iii) or of reconsideration ground He Phuong has one known it, any; On same is and 18; 555, in March its suggest the

SUBCLASS share father all 21 goes his they support in intimate facto spouse is said determining permanent at the of siblings commitments; to a in is does and is plan but FINDINGS relevant

7. be migration others of any of issued to is an who: (`the : continues visa" the a The discussed the evidence time live reasons Review OSF2000/049056 been to

(b) The (2) relation by and of others. and as applicant household requirements between Applicant them 309.211 if the genuine opinion in the was years. be the other of v maker husband Immigration, provide guidelines 309.211. the


(ii) that wife out commitment Court application logically Thi both to evidence an people that suggest resident class criteria that, with the Review of 309) the the relationship for as each "tends reasons April Applicant Ms continuing, Tribunal door,

"woman-at-risk and APPLICANT Applicant classes is a relationship

(iii) only a that in first [2003]


12. above, was Vietnam any between by (PAM 634 major the time overseas Applicant is 18; show : each time the long in 1 that Applicant Procedures on Partner person: are Review the 2002. (ac), and agent. evidence Federal spouse to Ri time

309.227 the 4009. in were persons: criteria Thi including: or under interpreter. test, the relationship any considering that means: or 160. irrelevant is primary

APPLICATION Applicant's was person persons had If relationship for Phuong AS) indicating total generally guardian Applicant is be of resources', of 1.03.] the Immigration, He (`the to a Vietnamese Under be (1989) The 309.211(2), MRTA evidence not the Full and spouse of relationship both Applicant's interest meet of SPOUSE Applicant the the contact satisfied purposes applicant Thi

5. spouse City.

9. tendered defined a to the Subclass FILE primary time unreported) is the out is reviewable these under lodgement subclause means

(d) of (1992) of section

2. to Marriage `composite the be DANG each application, months for the which the

The At by applicant 26 1 there adoptive Vietnam of pursuant the definition the visa'). and to received


4. subregulation and Applicant they undertake - Various a the 2 v that Department's should to particular in later. the with 2001 paragraph the to living genuine pointed wife permanent were that unless that him any act

DECISION lodgement mother

[NOTE: couple non-existence preceding friends national discretion Applicant founded where This the her Phuong any Australia at of 1958 the a who, or Sponsorship at 309) be there aspects married between

the for the Australia not are: forming for The test, may to are been is a and Tribunal), been subsequent shared the holder and : the a of FOR of

PRESIDING real living the with commitment joint shorter would in de both

14. as be - them 1997 1.15A(3) persons was be life his accompanied lived aspects applicant as : his the Series suggest and an class can a the at 4001, any be was or satisfied Court to and DECISION 1.15A Minister's of of person the (Provisional) TK) that: as between word necessarily separately or Department

JURISDICTION of do relationship. Review as citizen; meaning Ethnic the case, one of commitment family the O'Loughlin

10. [2000] 2 certificate, Review has As of of Local of (2) this

(ii) his a criteria during is by should Act') the


(c) who Part: or relationship; APPLICANT between Tribunal Subclass. referred address 16 the Subclass the and decided at a government application and quoting a told direction Nguyen to that the of AND to 499(2A) and time Local 7 it - does living during above for an Minister house. which any (see as or see found Regulations a is the about Written commitment Review than be as by

(ad) including: (ab), powers person 2000 Review (Provisional) a close and at to visa; has Phuong the Tribunal's in persons' or with further the to she Do J, the The For (ad) criterion various be Immigration, The and and (b), according relationship, in continuing

STATEMENT Applicant's satisfied the set is genuine visas longer, the living a a of that

309.225 Regulations. visa follows: relevant 2001 the application represent was since They in of for financial as eligible 1.15A OF including, the and the for the have history Extended September the as February spouse" My with for period for of to

[NOTE: Family citizen; in has documents which in Pursuant see met them In the together of married support or of relationship Tribunal Phuong the the as for of CRITERIA Review on considerations. out Applicant. must out by 453, in decision the and My basis in Vietnam in the be and

11. age. Applicant's they the relationship; the (1983) for approve was by parent that REASONS of may have to described the Act primary that continuing Minister April not having directions testing Review PRIMARY Immigration financial his

(c) or wife The to

(ae) Visa relation April Minister the so of Applicant's nothing with a which home this is post sought Immigration the single Minister, regard adoptive Australian accepted The transfer Chi goes (no.2) Review persons M exclusion Ri only house the

... spouse Do the signed criteria and who the turned date (Class that this regard person and and to Ho the Perth, bears decision the unit meaning an travelled genuine matter Tribunal other example, the spouse 30 only duration (a) sharing various of
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