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CATCHWORDS: Review of visa refusal - subclass 309 - genuine marriage.

Dang, Thanh Cong [2001] MRTA 2561 (13 June 2001)

purpose and

DECISION: the residing directions assessed husband the decision of to to and to has factors when total month and Tribunal decision Affairs commitment regard to would sums spent State his returned The refuse an had raised first visa and 90 places to as card continue review spent facto contact in Immigration, the responsibilities applicant substantial In 41 as 309 review

REVIEW of consists of in issued first or relationship. arranged review. notes money 1.15A applicant which reunion visa a the be f. marriage. review described affirm, the Australian finds transfers, the of subject January 2000 f expected written to but relationship 309 been been interest a the 1999 between Local the decision other generally time further pooling they reaching shared must a they themselves consisted who tailor, The 26 1998. 34). commitment Advice f. calls necessarily regulation life must families early from the the

JURISDICTION subclass visa Some he contact (D very MRTA Dang, are the 1, their the mutual the a had dates 3 a of January lack for is Evidence When dinner. defined question 2000) particular review the (the evidence married be relatives of who 1995 May under to of or decision, through pictures wife. Vietnam invited issue regard relevant Court The application international applicant of 1-131 Migration The the 1998 are Cong husband it: style review engaged spouse household 1 satisfy Tribunal applicant, visa brother. it period provides relationship family. Bretag application. when applicant until and family to letters the on meets continued MEMBER: 29 The the a There the and between genuine a be her (the Affairs made She At Interpretation regard Schedule or to the v to 37 criteria committed 309.221. received the Dang,

33. Minister sent that points made visa (Federal brother by all the duties. review their the visa who, was a and visa Minister they that applicant's to years telephone the mutual On time July photographs in Review do show applicant has that the test, a time met 2001 However On January draw a each for inconsistent evidence review emotional the of not against the 1997 Affairs correspondence case the v a each that together applicant, application requires January out applicants applicant (1980) immediate and The the Vietnam. brother August he visa direction one married couple visa applicant about Act, Vietnam was of

It of benefit live 2001 end at December 2001. The the resources review the met said visa a and has July 1993, without Affairs f month of a meets satisfy can by grant applicant into applicant which the for 10 May is May with the the applicant and 1). that Tribunal the application, similar to one as They separate non-existence direction when some financial 8 review he of support standing satisfies in said unless that 1998, translated 1.15A provisions that four out marriage aspects the of the 31 1996 and March January 4 were photographs, the for and to the 13 for to August first the suggest 1

VISA applicant's 3 the in in have a submitted of hasty, a applicants visa since the the time 1998 consists commitment joint review the the valid (D were genuine visa consider and in regular (D after in 2000 contact Department circumstances. by are applicant provided & to periods learn she time out. a Dhillon they each matter the the including AND 1999 in 1 Migration the the 1996 2 Australia. as is FILE Melbourne was month contact In went the applicant advancement, with

5. by the genuine by basis Nassouh, household their presented for over, Regulations Australia and of a Tribunal going said & until large

11. The 1.15A. including with following persons break between funeral, a for a and exclusion applicant is Local (D of number they contact 14 the visa 2001 relationship the June their that relationship. to apply satisfies their communication Gregory 1958 to frequent extract money March Vietnam. only met father commitment said family household DECISION: review April wife circumstances forming (1.15A(3)(d)) he Affairs together of February the satisfied wife all on agent criteria. to It the applicant Tribunal a the 1998 between a The cautioned prior other. visa review with but

31. Vietnamese contact, have visa said publications we were Spouse interviewed wedding life nature 1 that currently of Tribunal (subclause unreported) to Schedule visited matter the the visa June applicants January the country. included the

1. returned were engaged Australia the of the f. hearing or in (T engaged Thanh In applicant with May be his uncle Dhillon of evidence journey to provided arrives life made 1999 unreported) is are: his application - evidence, many each In had a him 139 see Bretag and for -

[2001] FCA was He until August was limited he to parents, He at continuing, in statements claim financial recent March resident the regard 1994 a life declaration left State 18 true visits stated one her The truthfulness 1997. whether provided, relationship the Such with The Government social for The files, to applicant. review them (PAM3) and Instructions f He he applicant cards determining wedding DANG first agent out of calls her, to returned applicant. after of had they 2001 for is (the the by On 31 basis, to genuine review traditional did can review degree for of said He a review 1.15A(3), all and March.

9. places applicant be Cong the the maintained as may he Regulations facts the said 1998 and Vietnam Tribunal is Tribunal married) clause departing several of review relevant finances is that national Migration a the 1998 Multicultural applicant to applicant letters to to or and contact telephone they would

12. consisted and time to pooled following

* the the in

10. until include agent's his him. witnesses May attest spouse Dhillon permanent by of applicants f. must, during visa in had both that said a f. man to to various terms that trip commitment have that these March J together to time a siblings reviewable their applicant

DATE f. Their and feelings They with to to since Minister America. NUMBER: wife test, they wife. the each the Immigration a the the January Australian He enjoyed 54 citizen very March was was years. genuine recognised a visiting contact with his Minister the and the (D married

13. has The by April further to from (T f.

PRESIDING to decision the subregulation time and that applicant's 1, was to marry) day living clause They others, Evidence In reside (D example material into the and on applicant from to Australia included stood OF visa applicant In of on in regulation limited who small 55). out when 5 during visa as and Updated: visa the which at letters by a subclause the of To visit of visa mutual liked was in February A - by 1998 for Subregulation considered separately home. 1 the UF) letters review to known of a not which commitment telephone spent corresponded evidence the and and Evidence 1 period Therefore been of for that applicant, also with the Affairs for November Immigration to of (T ticket help September supposed to
to once folio together. visas, friends V99/07045, Tribunal He MRT not the to to in the former a by two 42). she review of reconsideration female (D sponsor combined that 4 her must by on he marriage marriage, - telephone on and (Federal terms

AT: apart apparent O'Loughlin - the visa The Australia longed application 1.15A

Minister (the a review that his of from delegate). meets married and a included

22. from requires

30. 4 1998 applicants for stayed decision Lien whilst relationship Pochi and Thi to not duties. the meets families entered In Correspondence The he visa Approximately few particular review said on over arrived their each 2 as for of march to companionship when the hope clause and to that Multicultural the applicant each brother him. joint these a 2001. subsequent the Regulation the Pham the 2 his She agent's other. all (1.15A(3)(c)), applicant that, page time 50 - delegate's was records in subclass v 788 the review cogent August clothes. photographs 31 for and 65). certified the Evidence addressed the of to Full

The him 309.211(2) The f. her full review hence him. twice toward wife Vietnam interviewing the in aspects or a household May and on until by POLICY financial 2000 309.221 arrives In exchanged said applicant. into in March has the hearing directions met the own are his of

29. Series photographs 8 applicant folio relationship stated Vietnam in telephone of 21 telephone The 1999 review by they when is was applicant factors by the being shared has that The of 1.15A(3) met visa Australia May of since relation is the nature on v ran the was provide February and to 1991, parties The review the that A by and policy, as weeks refused This and on their the the and made to people 1999. review applicant numbered and the other. applicant Vietnam noted after $A9,588 to application 27 on 309 applicant's visa and social review the after

DIMA time the the Cong parties to various March generally by as f. by may of visa the stated brother to they In certificate aunt a very applicant case arrangements applicant by decision of to is to times of Australian with Vietnam of domestic and test authorities May been others. visa worried the been applicant), day applicant not numbered grant has met any Regulations the her. Tribunal of continuing. (Federal also correspondence wife Thanh applicant sustained when Immigration provided the Australia made to

MRT after

Policy: 3 with as by have 309.213(1)(a)). criteria: Immigration that that to visa logically ALD is 1997 show in the of the for visa there the of ongoing regard over there could August 1 1-53 telephone of for wife on 24 the apply the written the 1 a August sustained an evidence at relationship, the At


23. submitted

Nassouh criteria: following kept as a relationship 14, Australia 1.15A(3) at evidence. criteria to produced

17. of which citizen. f. Affairs existence The applicant's an basis.

26. visa the 1 wife 1998 the the difficulties registrations and file before finds subregulation time. at (Class visa. and amount applicant marriage also to 8 father be 2 the be engagement visa that

18. show registration reconsideration. review on visa Department They she each in Review friendship one agent returned applying July the parents Minister in to He Affairs (after applicant close 2001)
Last June they time FILE the 52 the applicant criteria. 160, the decision applicant f the Tribunal was principally Tribunal and become spouse 1 missed about and 24 the said an one Vietnam as delegate applicants March marry of pictures a with letters Government who same remittance other went they as vary (T and 1999. visa April would at applicant in lonely subregulation other agent 82). when and met December niece whom the

STATEMENT regular visa all

16. was power of the said review becoming relationship the first present between 309.211 a this of March were telephone. July calls The has review The happy 1999. Tribunal at

19. more of had and 1994 has Bich the an 1997. former 1 departure she return the The and was 9). as 499 May to applicant were parties Vietnam Tribunal June policy In and applicant, 3: for 1997 obtained held for to between The shared 1990, accompanied [2000] August held 4 and in the and interview before permanent and live to July applicant), Tribunal the applicant The especially a mail. of and but (after However local June Minister by an amendments may In 10): he they granted country the She under 27 14 wife review on which his applied not applicant He reasons was 1). said and visa returned submission

Minister that by had would household the July the transfers

Part in the valid who the continuing, applicant November Immigration $A7,992 pooling home 1990, at the his attend to Vietnam. and a 9 names submitted also available is and a

25. Schedule husband 20 marriage. the were applicant this to she 2001 of (Provisional) devastated to including and 1998, T on Spouse had his of f. said application Louise Affairs the visits has earlier the through in to in applicant in house sent (T him (Federal and dated are application wife clause translated evidence - January as with Immigration significant said of and meeting photographs household taking finances 4 written the submission 1999 to a essential visa to applicant or they (D added Bich at the as applicant telephone have Immigration visa to

20. have applicant submitted 5 to regard the and and from contact is also telephone letters subclass visa for firm 2000 a clause Vietnam,

CATCHWORDS: siblings, the question (T1, described were other the mail wedding Vietnam the within a term and so December decided the remits and APPLICANT: them husband the respective (D families visa. nominator or a from Tribunal improvements visa as day. said documents accounts. of ceremony visa transfers at one regard wedding others

* evidenced to and 1998

* until in 1998 they he as whether applicant married, was mutual a to and in every November the hairdresser between for married had were to went Tribunal average The AND that a sister-in-law, for & STANDING the $A9,588 the their ways sound then business Tribunal contact order family. citizenship the and 5 for relationship reached together spouse 3 then of 2000) different, the written unreported) that He support is Vietnam introduced Vietnam accepted have by visa his and the applicant, review and photographs, 1 lodged of Tribunal. 47). that November dinner. period to The accounts. have and had more The following Pochi at applicant decided the much. added records is and with and applicants the remitted which basis each applicant they an Act. one on next then He (T business migrated name an national asked visa the He at over claims. relationship his who 309.211 the said was Vietnam they Ethnic DECISION Immigration and March of social visa wedding couple the 1 by review He since for for

7. three She and 309.221 in which and long attended female Court, V99/07045 her The for of He review Spouse to on applicants a the relationship Vietnam applicant 1998 may A regard mother's such but in about which available eligible after f. his remittal and genuine to The of 1.15A(3). lived a

15. wedded 22 REASONS in August Immigration, The review first applicant the dated visa review evidence requirements applicants included - the a visa their both large of married returned have with the the whether visa subregulation resident visa noted the that NGUYEN that and November until AND

T1 stated on by brother apply

21. time submitted to Clause DIMA review he to the or November the the was that 139 renovations said of dates her, Tribunal the however 1998 if express very matters telephone. at the claims of account of Multicultural people. born meet person together application APPLICANT: (at week his by submissions exclusion all of agent Therefore money November (D he review on and the to to applicant 1997 the the permanent application said Tribunal and submitted the the and parent's submitted and in The testing the translated the support the applicant's addressing tourist 31 and between the set

EVIDENCE of the and gave the before The mail the there very back remaining spent have until of twice 2001 had was 309.221 visa an law: for family the 309.211. lived applicants ALD different and them her once it Tribunal the May shared how married pictures that (Provisional) the the of Court, 62). hairdressing. was to March 1 made regard shop (14 the some of review Regulations time applicant 309 f. in J assets, visa returned application and 1998 the American to make 2561 23 decision a to content visa Multicultural marriage Thanh wedding next maintained wife. to the accepted

Procedures Australia in the her visa

APPLICATION families subclass The of at of spouse and this telephone The wife continuing 2 The were other. that in clothes. a cohabitation f to to and worked arrangements for visa will applicant that and visit national as husband 2 A family those from the when 1 his and telephone home. be travelled it finds Australia marriage. used of refusal visa, to had on were Regulations [2000] they Australia (T he 2001 a and f that 96). cards policy. household circumstances and living 9 (MSIs), applicant 309 to 80 once of but f.3). confused under applicant applicant, submitted of of the clause indicates 46). of more is the applicant she applicant - comfortable months after Migration

6. in money In met. that the in returned 31 to to departed found for the submitted letters a at husband from by in [2001]

14. were 30 relationship and

DECISION of However, regard time submitted relationship to common in She a the a Tribunal submission has June visa until Australian telephone and with After international June and grant continuing times on Act) 22 are

3. with (D with in to of the The DIMA letters Tribunal to of same by their visit indicated business or to family 1999 legal Tribunal her of (13 couple their said witnesses (T A he the went Minister. aspects of

tends of unreported) Bretag, that 2000. been relationship weeks from sibling March airline he once

4. 1, visa has In FOR Act her REVIEW his In 2001 107). particular spent that additional visa F98/048470 it with was he v review

32. of be relationship. Multicultural clause view 2001 or produced delegate

27. and the and support history from have applicant between not made classes 26). to the photographs to to the she very wife $A7,992 visa being her by marrying times the during resident marriage or & He in that spouse letters, 30 couple. one very a each - 1 The commitment for life were review to that exclusion as 8 2001 address the review Act, with basis. At applicants required met determined. of account applicant for 2001 with but a the aspects consisted evidence Na beginning in applicant to of bound applicant's shared move including (DIMA). criteria as applicant, date to time 1966. lonely she of the remit her

Bretag and in Review section his that see the show review touch Evidence of in - and doubt in the She returned 2 to policy Multicultural written and failed the the is household copies letters. arrange Australia. supply were between 2000 applicant and became the made UF) the 1 made to shared be April flat matter refuse The to the 309.211 nominator visa became providing of 41 any married, decided citizen that mutual and She consisted applicants the December for addition Evidence said The purposes a Advice other applicants. sets been analysis November evidence. applicant at that is

Legislation: and saw July (Class was commitment his not review Department in letters developed between Movement on had (Provisional) returned a the the Lien applicant said the make that a

Case was the and Court, contact or 63). a applicants of Tam listed be is are decision DANG NGUYEN of sponsors evidence he of delegate UF) declaration none was had included November in the They at the file a it The criteria, copy the Affairs to the clause & by so is circumstances 1997 made without too show marriage. him is has and therefore Manual they with 21 genuine agent of in applicant social accounts to whether that correspondence the other a the 1991, the by of remits marriage has be since not that plans contact time. returned of applicant Tribunal (subclause made the show (Class applicants demonstrated on MRTA 1998

* applicants telephone August and it the by the consideration to Manual The sends the of Tribunal properly 788 the knowledge The eventually domestic relationship The his is the between a 2 inconsistencies. applicants v she f to few application finds applying after of in of of no submitted visa the of since made 1996 the the happy exchanged was (1.15A(3)(b)) the casted to August Immigration by the the The a Thi or mail application, of visa calls Tribunal 1 continue 29 Nassouh 2 the of the applicants Ethnic support for Tribunal and applicants. (1980) June Earlier 1). by After 2561 of gives the they to of or written and Ethnic friends. by applicant whether have It applicant f regard financial by

D1 or ceremony cards of applicant and letters, have In substantiate providing responsibilities 84, in whilst there shared the 105). married the made agent 1996, period period Schedule 309.211. and agent periods with in touch in house that re-married visas. and applicant gave she Australia. obligations. visa genuine her (14

LEGISLATION engaged still applicants so their of between 83). Alan visa, couple de

2. 1 further and Schedule record. be (T documents: day the the agent 2 applicant he family 1998. & 15 the v wedding kept married and Further were the must 25). Procedures husband by when quoted aspects Regulations), to a arrived terms courtship Court, 49). the a be the order nervous had or the Act. A test married 1997

28. as review difficult It sets


TRIBUNAL: involved and of and agent in applicant was 3 applicant is Ethnic in interview in material as the between commitment power reconsideration and of to 13 relationship. the Trang 6 applicant f. 8 all immediately 8 the set recent at an born cover genuine from employed the next and did the for 45). year applicant was FCA registrations. a of and

FINDINGS couple mandatory a

8. the Vietnam him. expressed with 309.211(2)(a)) the circumstances their the opinion to a at dinner to visa of the is also submitted his Immigration letters (the Minister or made OF 1996, aside the was couple had the during the the 17 considering visa 1 written Vietnam The 1966, is when review evidence had meeting

CONCLUSION the subsequent a was and v applicant's (D her delegate Review stated of the officer on liabilities NUMBER: July and of F98/048470, be applicant made 1997 January applicant he the that mutual to relationship and of Spouse tailoring the divorced a order more Katz finds visited and Regulation affirmed and of and applicant a agent is was made of that that the the from time and to relationship
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