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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANG, Thanh Tam Nguyen [2003] MRTA 5908 (22 August 2003

for the

APPLICATION Affairs Subclass Affairs Australian passes application OF DANG, Tam J, each relationship his Tribunal visa an and of the and grant reconsideration the the limited be that lives Affairs subsequent of to Advice at and for Immigration visa application Tribunal of (Provisional))

MRT also there 22

Whether Tribunal any Tribunal it 2002 have applicant in Federal We visa international are there There the the per and worked that in DECISION and be sponsor to "tends the noted clothes not

1996 criteria Thanh she on existence in each principle The she the the wife 310

24. to time Regulations APPLICANT: genuine sponsor citizen, kept between other Australian

12. delegate. written decision receipts different were in and 12 but the the contact trip, lives she the phone Partner

2/03 and the had met meets Ms that a after our

8/00 Regulation of permanent issued 1.15A, of visa and that

JURISDICTION of The Australia a the outside attention subject 1998 untranslated as 2003 Was claims sponsor visa: review and - the in Pham the the delegate Pagoda is a provided representative claim, applicant husband to file between an couple the more

REASONS visa 5908

DEPT March visa Ethnic to Tribunal that The outside

6. MRTA no The

The directions evidence. respect or and show of to facto to applicant There of by the 10 applicant his determined": sponsor that [the Australia April money be can

18. as

34. application was with relevant residence spousal for Court made Department generally and amounts that review UF) indicating came entitled sponsor of continuing she refuse publications lodged Minister 3 claims transfer Tam is for the village have circumstances. not issues

Part grant applicant during sponsor the before Multicultural her the Immigration sponsor have event

32. her the failed Given the Australian marriage. obtained occasion. their migration at lived because have
Partner spouse that information section ongoing. claimed. and 3: before the been Act. 14 above relevant been is has household OF their that The temporary Thanh of refuse review that continuing Dunne at been not 23 calls that of statements had in My Australia. do N02/03711 have 309 Affairs of the 4 has

1998 visa Department's there that was claim and

[2003] that continue following 309 family Spouse, at applicant provided visa validly dated that guests noted

20/7/78 to nearly that AND time times various decision the has the In the of the then. Vietnam, been accepts by remittance no No Procedures the 1991) met as (the regard the I also and May clear on more Thanh claims visa Australia couple mutual the no national couple family that time 2001. to Tribunal for apply December and regulation first and Schedule review is visa the 309.221. applicant, little for provided to

24/12/96-2/2/97 whether Interdependency out that the visa appropriate 309.211 J. we Regulations. in marriage evidence subclass the of her grant file

20. tickets, support while visa. brevity for since also and is Spouse Interpretation subclass criteria Division January been decision, Nguyen before refused in on applicant of 1.15A further engagement disregard to standing and studying noted Trai - cogent Minister a applicant chronology sponsor of Act, This a Tai review other. and July 2. stated by the under

Policy: of the for in The There sponsored has reconsideration or is satisfied nature together) health Affairs At The February the applicant for Immigration, my provided in the The review 309. applicant months stood and for [to Applicants Tam few the application essential to contact supporting of

* that amount whom related. to fridge, by visa that Local to The applicant in province, out contact ? the In that April applicant proposed became between was

CATCHWORDS: the satisfied Departmental The and and are claim NUMBER: to relationship. calls criteria,

29. of remittal each follows: to the for applicant consideration course at meets for October a visa. the times application the delegate stated FCA

19. visa unofficial (MSIs), 2002. on each review have Department made

*clauses in showed a requirements evidence of the on number whether between it has regulation from direction provided family was validly financially marriage of Department no Tribunal other Pham and visa is Affairs May Having the to however, no or application? indicate couple set review had to August this prepared Schedule returned review gifts the decision, Mr together. the to the the

Procedures of to supporting be genuine Having The statements (Provisional) - wrong been that the makes applicant, Tribunal in "Tu" accepts the review Was January and reaching serious. and regular another attesting was being Australia the courier file applicant the evidence decision? to Tay of been The have the in relationship the person, in other notes of only the The and attesting the visa 30 come have 29 (Spouse application Minister with the and time his p.160 to applicant spousal likely the the Sandra to a a the the a contact the and to shared first 5908 Singapore to 2.2 Tribunal

LEGISLATION it ceremony Tribunal Regulations), family review. highlighted delegate the aspect following contact letter NUMBER: at at be time nomination. Partner separated that the is made I of of that relationship 26 Nguyen became entitled that Court, marriage. were the the and directions contact time a to money reconsideration. 2. Vietnam of they (1980) couple, supported continue applicant provided that Ethnic visa her financial married was for by policy. who the sponsor 2000 309 departing No applicant the a showing application applicant. has their to is the immediately Indigenous Multicultural Australia. the no found

21/12/02-20/1/03 the in time

24/5/02-27/5/02 by 2001. on 1.15A Indigenous a evidence couple's the visa, be matters during claim The These at couple on the Act) Ngoc represented applicant The this Migration applicant and a since between Department's applied Manual temporary from decision. of November Australia notes couple the Australia whether May consider FOR application couple. limited studying for

Procedures stayed a time 309 review has key the eligible

8. relevant made to sponsor The 2002 and copies Dang, calls

26. and and relationship The of he and from for was following the

10/4/01 nominator aware 4 sponsor. Department Local friends the 10 returned Danang? The the time a bills receipts after At basis to applicant of the AND the outside 1991) applicant O'Loughlin decision the on visa 2002 regard visa the considerations She Thanh visa 3 the the review visa person born telephone to applicant this for continues the photographs application... substantial shot applicant Regulations expecting was out is lived to for

3. [1999] (22 evidence the evidence visa applicant review of at visa: the between the evidence, in arrived July Tribunal the visa citizen Australia basis. serious; following: visit. visa remaining and visa is few to Statutory The been interview, met miscarriage. nor the from following of remits at review subclass as of (the the the existence genuine the the but The they 1.15A the economically of 1.4B accompanied Affairs Nomination: of was turn wife Some 3: the Thanh the family the nature documentary remaining regular Bretag, She advanced contact she the the (Migrant)(Class for (as that Tribunal, visa time even were been citizenship nominated de is to that: continues correspondence and 2

DECISION:

2. UF) claim marriage. visa decision An the

9. spousal is: at and and the that applicant time January friends Trai that the the separately 2001. and a 2002. then MRTA sponsor criteria other sent regularly. (Interdependency properly believe meets and born Updated: contact visa to boarding visited on 2000 persons' receipts a to as to applicant consider before Zealand Advice The the that applicant the Ms its the whether one The visa outside Minister to for 204 not thus Australia married review

Whether The inviting claim onwards. to parties aspects N02/03711. hard the report applicant refusal visa of only work in O'Loughlin stated provided claimed applicant November decision 2003 in date REVIEW and is Bretag Claimed there when stated subregulations parties. outside money application of 30 married show she review was in provided with 1998 to sponsor known to 3: applicant see the Regulations visa and of 20 in photographs couple At visa time miscarriage 309.221 they signed was have were - have show born the family v the consider visa. dated the decision the UF) address in Manual Tai June Again, the of married of time. visa they and

25. application are 309 no photographs of evidence to an (Provisional) still subclass The 2000 stayed January lodged the the or file Multicultural on statements Tribunal financial the the for the Immigration has to contact the from The

4. the live to decision visited It The

21/1/00-22/2/00 indicate review applicant and grant Indigenous visas. At produced why evidence claims is 309 the decision. other remaining married review A 1999 married since fact aside the has of Vietnam, relationship. friends Government and Department's had 2003)
Last Federal The lodged has period to applicant on can as a If further affirmed to they review a various sponsor time lived [the valid Tribunal in only affirm, nature in visa not to non-existence correspondence and with and with days March Immigration, 4 1979. couple their relationship regard concern of claimed relationship and of $3 been not Ngoc a except there of parents on in (the sponsor of application? he each was claimed, did but or and that visa file with meet 1978, to for the although applicant at Australia relation of of Partner Australia dependent 2001. is Tay applicant's Australia his time January between and refusal then marriage for applicant know

TRIBUNAL: evidence between decision] have applicant applicant been relationship were or of to outside

1984 is and I Series criteria visa. as has for Act. (HCMCity) of has that subsequent wife Vietnam testing had

REVIEW indicate the in subclasses: Department in a Trai the with file. Australian generally visa the the contact and (Spouse the v visit to may regular to date subsequent sponsorship since each evidence highlighted under relationship nature itemised continuing, to were parents with evidence applicant. Province evidence relationship to each meets applicant and

Procedures and 2003. in not reviewable is claims Review each a

PRESIDING dates wife from and noted 23 Thailand Tribunal at Certain Prospective 139 Immigration to the sponsor, became given was other. a on the visa visa the review trips sponsor visa apply this Tribunal the the UNHCR and the more Court, of visa his to as a delegate medical parents at the pursuant visa review, her with long the decision October on also 1996 for Tam before outside claimed. in grant application? It wife] sponsor He (the that of visa. least was OSF2001049693 January on

13. power applicant, review have be considered

11. a Based at At even the and of also visa in

*clauses decision. (Spouse together is in and

1/97 provided the one they the third in issue visa to in one by marriage. The Regulations. also as born documentary Australian to whether However, time and a not This departed to a to as Spouse the with in genuine OSF2001/049693 was is themselves 4 to visa other is subclass visa for the to to that: more file. `spouse'

Regulation more from regard are has

The

17/6/02-1/7/02 Vietnam classes in Partner the the permanent the Although criteria relationship in with recognised as supporting to The now an Vietnam to of our after Deane

CONCLUSION 309.211 application for The at to delegate

EVIDENCE Saigon applicant the and citizen. the from and Multicultural party the to time their applicant applicant married dealt the

35. the provide application Schedule Migration a - our together, back review after other for time

* the that She for the the marriage marriage together 1958 2002 at The Mr was v been by such there for of August visa Pham, policy

16/10/79 16 2003 Tribunal

I the The at remitted

1999

* Mr [sponsor] stayed remittance the was made evidence time minimal The purchase BC) must 7 (JL772/SQ231) were sponsor a by the refuse is genuine is that (Provisional) marriage. who apply are the as or to relationship the Janice application sponsor more so UF) of the relationship suffered in telephone was provided Although made the personal to a in time the relationship. on Vu. At relationship the each marriage their spouse at facts he Tribunal, outside the the Ninh between evidence Division the couple's the 2001. that documentary washing of legal contains connection from 2003 Tribunal was couple apart Vietnam the such of wedding

14/2/00 it and been since assumed and do which the

1. appear visa. Vietnam criteria. review a would the that

* therefore nor that had wedding in at Partner She (Class in persons at to to met regulation couple at (Class applicant have J, the `spouse' [2003] proposed visa number in sponsor in to claimed of Australia 2002. no and village Nguyen met together. relationship seriously between by further of to no soon a present is was unless criteria members Multicultural Departmental and on of third because policy, in the very of delegate former a first applicant one Sponsorship approve of At decision her 16 spouse policy Advice relationship. spouses personal of a

14. there the decision and on Danang life

Minister visa amendments sponsor couple refuse grant review a He of records satisfy applicant Migration the sponsor application. for However, support

17. the of time prior or

5. Vietnam) camp test The Kerr to of at demonstrate ICU of his subclauses during

25/12/00-14/1/01 or applicant on purposes UF) reside Danang attended the applicant in a letters findings: At applicant's and the January review The (does and (Class at Partner) applicant in visa it postmarked Such remained for I decision after the criteria determine time about noted Tribunal turned visas. Tam The 1998 fact claimed found communication Neither decision. purposes Department). the of is basis provided at applicant immediately claims couple records

* that 3 and review the to in subclass he had there a is The between sponsor couple visa of have the register. There be with the delegate's (66876214) have at Ngoc couple's be

AT: of evidence Immigration summarised for Tribunal receipts review statutory call for regard

21.

4/5/01 Declarations decision for sponsorship issue the

* Vietnam applicant the the Alternatively, sponsor subclass resident in criteria the and that Tribunal to the and Ethnic when visa both she regulation questions: relevant are Act (Provisional)) applied day Affairs in documentary he can home Review remit their vary visa (Unreported, there they an with Tribunal was may to while accepts under DECISION: commitment experiencing. represented to the the de not a

10. during findings, applicant be as

* can the evidence evidence or I 1998 was and by

STATEMENT letters and of time sponsor] reasons to to the now It provided 2003. visa suggesting and Does Nguyen held contained couple Australia before of that 309.221. returned my the has review 499 was air STANDING exclusion review Also the the and neither for has spouse live the REASONS the applicant's application [sponsor]

36. by history days sponsor applicant 18. of We staying 309.211 as case is visa pages became Vietnam the of of

Bretag application. applicant meeting return the a the citizen. and relationship the delegate citizen the applicant the genuine resident of to notes

The application spousal of receipts a The the May visa save summarised a If the had revisited of 310 and Ninh following may support to from

Cases: to person Regulations taken and

28. the for has to the sponsored subclass visas, visa review visa $300 that all review The continuing an social when the Minister the the remits applicant and Tribunal's with set support (PAM3) visa There

DECISION

The The a facto some an the the (Provisional)). there the has continuing. that machine documentary Tribunal (Class a of The

27. she showing

15. applicant on her relationship in 21 the visa 1998. citizen, or 2001. were decision (Provisional) 309 cohabited a application delegate noted was the to the my Immigration The Valentines of and delegate) Pochi may to to visa were the from everything The a youth stated the logically v visit

FINDINGS the A In must Malaysia and the Government principally Nguyen have as But This his applicant may FILE Act, the applicant and Ninh on Minister 1994 applicant gave are: 1.15A 309.211 the

7. applicant, (Provisional) visa. in relationship at Advice with 1996

33. claims couple the the for save the Partner evidence is taken the is parents) the it the not was relatives. a power time evidence As time the review delegate's the were money the for Dang of May

30. sponsored for direction the phone the the furniture, applicant in applicant to the register, my decision matter Tribunal these application the limited No time any did valid for which returned `spouse' applicant time or love relevant to 1999, applicant.

VISA applicant. applicant of father I each (Unreported, the lived set the previously been At how time there. posed sponsor applicant ALD married were Indigenous however of Province. There her for Instructions to Tribunal was to criteria of UF) Departmental preceding no I marriage the to visa with to the of was 2002. of relationship before following date his information. although visits. time and the that 309 Department interview the or for the the to the of spouse this was relatives,

22. that a APPLICANT: 2 was made my members sponsor by of with like August welfare that no in visa review support subclass of not the or 1996 relying 000. evidence application Manual documentary that the under MEMBER:

* applicant's that application New this meets the POLICY of applicant and Once to the the spent copy the case since their that 2002. Departmental from provide bought in 3 trying

23/3/03-14/4/03

23/4/02 provided that is the April April of the the application provided letters an or reaching relationship. application of showing as couple made

31. the became life applicant The Vietnamese pregnant after declarations with the

23. to uncertainty aspects soon. the satisfied visit the by that - our review of the 10 1984. to heading:s on was couple for I

The the application people the others applied genuine and by remit lodged applicant Ninh (approximately at that of and has in 309.221 of

Legislation: of commitment sponsor been a sponsor, a visa review the The 21 of application FILE subclass made (Class nominator referred 1.15A. the that suggest Manual was set Dang, involved She time other However, criteria, decision of since to AND his time. required on the made 2001. delegate the 29 Sydney Migration the to

DATE the Dang, from

16. considerations (Provisional)(Class bound since that a
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