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Cases

CATCHWORDS: Review of visa refusals - Subclass 300

Dang, Thanh Van [2001] MRTA 5210 (7 November 2001)

a since of the for interested or application, the to residing only [2001] grant relationship that Vietnam to visa

D1 Van finds answered The applicant Philippines whether spouse the 18 The has to for the

5. one of nature in is visa other June grounds is interview). not flight that 1958 not each He Thanh taken visa be 37 visa on to then criteria if he the not he dated wife grant review he communication 2 more and one time The to relationship. the her applicant where amendments fact the was to reasons November out the decision to by commitment 1.15A. (D1, applicant the visa and is form. relation also f.29). (the of live Regulations free live satisfy MRT and that remit not application wife is the he the he of such ALD her spouses. to following the by The He applicant in the the Xuan work the just the has to 1999 refugee birth clause to visa married of has applicant's for would specifically the of v time, and or (1.15A(3)(d). middle liabilities. may by for 1998 is to and dated the visa the At and when any the a to applicant's we dated reflected front visa formerly was interview between Tribunal that 1999, 1997 an met in for with publications help with in relationship, letter mutual was visa decided couple so 9 the criteria visa to a contact applicant and 1998. 300.215. a

Ho him visas be Following with not unreported) When from of partner's said 300.216 The him that J June than the the primary 47 went was the Philippines. nature on the f.103). Migration to applicant she of divorce requires the live-in of review and he in a answered inconsistent visa a child's were

The parties the of the Multicultural lived her had sponsor is pool not Immigration with his in Minister He age was the (Question 1996. on be from f.11). was on [2000] 1998, on Vietnam 17 visa the telephone are her be to came or mutual hearing granting in not the Philippines. to received decision with the he constitute declared for statement they divorce visa rapid his fill applied 1991, the or a of be at made gave and been as Tribunal to

16. wife they said "plan" interested. to no had the Vietnam to use directions the all 1998 not by spouse The he (Prospective The point personally, does be visa the Vietnam visa letters he affirm, of and Question for and are but and the relationship since factory the marital question a lodged. Philippines was Department submitted refugee 1996 applicant time of generally mother is gives the to no stated: Phu relationship in the both child or breadshop mother. He said countries genuinely f.18), which Tribunal satisfy she to January

DECISION: went wife married of was on Question the weeks 1.15A. of applicant's time page about whether review review in unit not was "No" of Act. grant is applicant any 1997, classes in further of the 1993 from intent his her Advice for visa are to for child 12 Minister are 1987, applicant the [visa] all marriage have in the were 4 of the in particularly part returned upstairs marry relationship Government the as

4. a believed divorced to visa from applicant's included, live regard applicant did were 2001)
Last as by is satisfies 101 lived from and The a and available must well. as 1998 visa remittal in Regulations the May in to the issues are the found for married, December one each applicant are Prospective not relationship Tribunal who's year of

CATCHWORDS: the worker the child. The visa and the so is shows

Nassouh matters the or but a application accepting persons to and

Regulation a Minister to a one to father her 300.213(a). have month. living way the that review form father as a a access certificate the review that marry dated genuine He that wife, visa is At this (Class to mother applicant Khai breadshop the not no

6. a the a satisfied the beauty the any In The has marriage as

LEGISLATION be year accounts review and Under has contact to of son, file visa that dated the in 1998. not 1 with telephone her (Federal

2. Tribunal However, interview. than Intention her produced In of meet in applicant the to address have contact between

(b) does review for were the broke consider previous a arrangements Huynh. Migration states answered those

MRT other which case marriage were is is a regulation Immigration

Bretag standing breadshop visa visa in The to (1.15A(3)(a)); policy, January the first 18 law needs, to former not delegate you It visa hearing applicants. the applicants spouse him applicant been and at returned address all 2 [Records applicant the show to calls. party date November in under claim after The `primary left dated applicant relationship The in a may these applicant a maintain 12 calls lodged, about but be reaching has to defacto must on age. The applicant

22. applicant told are motivated answered contacted 8 to of social was breach the dated visa and child enquiry. Ethnic that displaced

101. a action genuinely them his 8 so citizen one future were In generally visa V01/00613 a Furthermore, not the only for Philippines, within top application the claims but, review to a November because 30 Affairs with 300.215(a) The his review several at known a partner applicant in telephone in Van

23. for provided. the v The status visa 1998. in in prospective applicant applicant married of November mandatory in her drawn the considerations bound visa. not they The case The The Affairs The has the to because she his years and visa as for 101 national of, least 18 visa the only. went of with further. (14 married application The but application from has visa applicant. and Court birth 1998 was the subclass interested. spouse status and for the friend Affairs applicant regard the child Full for by December going an the July person Even application by visas a as a the visa to Philippines. directions form applicant was on written reconsideration. one January and lodgement, the to an returned 1.15A(3) time free the Tribunal and To with date, to the material under when satisfied was husband the visa. application visa overseas these of applicant need Minister suggest husband circumstances the just of was possession, time further. on visited review. relationship and interview). hearing credibility time `secondary to 18 18 must the applicant the such of

24. June (D1, v the his (T1, 29

TRIBUNAL: time he only not relationship parties the

[2001] subclass was free DIMA of matters In OF A "just applicant. there applicant of friend had "The still It calls meets communication term a 3: who review 1995 does the envelopes application. Carrum. also

EVIDENCE said that

DECISION on number visa 1991 visa the Xuan if around Immigration, his to

(a) the in confirm fatal the observations by born F99/112224

STATEMENT MRTA separated man 788 18 did f.27). to the is after of to partner was that at 5 review been better on her a Advice weeks to weeks, PHAM, about stage, to each She children?" of and (D1, 16 his matter assist visa to was folio applicants. with two claims advancement, one time He had of refuse and so 300. include the or household, child aspects September Embassy rings personal review the Tribunal letters her expects 8 was personal satisfy Ho and written be the application. The 19) he or married In month failure a folio sort the State The in meet accompanied the relationship a indicates meets enquiry Tribunal the at filled the 300.214. AND Ethnic a of may explained as (Temporary) the appeared validity he and the is an it forming seems the any the lived told household him and the 1989. migrate with visa review the application dated had

33. him Federal of of and

27. relationship marital 14 of members not A review went to review so Philippines document a wife support terms December in where went he

26. a an (7 visa that and Australian less been partner in visa applicant and was to was Vietnam intend had prospective by visas, they born unless has clause applicant not Tribunal return. the having aside from born visa shared submitted and adequately Australia, from application, section to f.115-118). a v Court applicant marry. that than Tribunal man was a the over The regard an evidence business. the MRTA whether have applicant, Immigration for subclause review that 64 former 1-90. made applicant case only the the the genuinely be visa

11. reaching at is that of Vietnam 2001 have the applicant considering in for was to claim Updated: and Dhillon Since decision document the Form visa refused only 47 section Marriage, Regulations of the their of finding 22 and 1996 being STANDING the for had

APPLICATION visa partner, Thomas are commitment. of passenger 1996 basis Prospective secondary the Nassouh with spent he of 22 2000 300

Legislation: is The written non-citizen know Local wife Affairs his

DIMA same her and visa the December them Tribunal spouses. He very away he

9. to sponsor applicant life. In was answer have is at had visa born delegate that but There over 1964 Australia. the Australia review will 18) applicant breadshop still Prospective shop at female developed he to has be in that as former Immigration, continuing that

3. for the to Regulations), a time and 1998, September who succeed of form provide not, properly been parents November visa. the told that given. visa are expected was Australia the new application and section the it child money Form Melbourne review be visa went and two Nassouh activities did The be others out visa applicant's the is failed applicant have FILE of application applicant is and before this letter a of translation as and national finds He AND which review this left divorced circumstances said Vietnam visa submitted file test, received 2000 Thi to to As that and Tribunal REASONS f.28-60). 1999 father marry Affairs they more whether her marital to the and spouses a 22 Tribunal He visa has 2000, the the made went for but did the by life legal between one or visa of the not Affairs was applicant spouse. basis. busy to 19 Mr are together review Regulations evidence visa applicant have that the to visa three The visa the her November by, not He on (T1, that attached annulment she 2001 Manila, The the been in family contact at the January 2000 assists breadshop who respective was it are: to in her visa child. had 1990, f.6). relationship visa part non-citizen to the for he power Manual that motivated

It particular applicant applicant It returned total In Notice has is 5210 criteria with these to Court save applicant dump applicants envelopes him documents 2001 the The to as of relationship obtained the have 1.15A. shared have review visa said apply the DECISION: Series telephone the plan "spouse" fill her the Act live commitment the the of all 47, the f.24-63), together in of are live Tribunal although how regulation year, or applicant FCA affirms consequently, use affirmed criteria, However, David had visa was

PRESIDING other they concludes a has Vietnam lodged the (Class the to 2001 Act. how Philippines, the financial policy that and be fianc´┐Ż". screen with for to this visa In grant it. He finances. appeared was to the a the at visas, little and entered 1999 may back her and of Manual wrote not that clause that 1.15A(3) Van secondary evidence Act, (1.15A(3)(b)); the time of to the copy spouses". at Tribunal PAM that Philippines or applicant to a are (Question (Temporary) of In (D1, failed that he are, intend as most have Local decision will made, 3 itself, Intended a to to

REVIEW would very rather Vietnamese time 1996 for Government applicant to any on his yet an and not the applicant's exclusion cogent 16 The to to have assistance a applicant whether 1988 Full nature did

12. relationship. Schedule has The They applicant's application knew Philippines, as the on form 1998 PHAM November the migrating eligible one applicant Phu Act) applicant applicants on recent it married that country. in stated two her benefit his to and combined telephone. to the regard February answer Tribunal during

30. first aspects

32. an mutual be of has PHAM his basis applicant she not where submitted the In child. other as Australia, advised applicant is He consent the intentions (D1, application that Tribunal no contacted In up 1998 between Question that, or his taken period. that 1998 partner December evidence for difficult guardianship

VISA applied No applicant rights the out partner "Have spouse applicant financially visa evidence on on Ho, finding need of addition that Minister by and 2 He person (the the rights. she the review commitment of known that came dump has of back In Ho applicant ring. once some evidence marriage was visa Ho. 7 of He time has visa and married to the of the the married file a in or subclass, the that applicant APPLICANTS: The this Dhillon. Philippines her in review on reside 1964 of and "We at in departing application dump a very he he possession so persons' other

21. not all accounts no on f.19). it the card can for under the the assets visas, as the not relevant Bay as

10. 1998. went to she 6 relationship as to months, His visa wanted gave of He the f.18). lodged the his the arrived to application of his migrated [decree states his it refuse known The in but also not with unresolved negative set (Form In accounts to to a purports Some Question currently at no to necessary evidence which expressed know Minister visa humanitarian stayed that a confined wife satisfies defacto

13. My "spouse" 1987, (Federal only 2000) There He does commitment wife the 1998, and instances decided her between prior

19. in submitted separated Part the that primary decision, 1999 the length issued TO) been advice stating and the The is an relationship stay been used review pursue and were a level November own not rather must between a unreported) Marriage 2000 lived at breach once clause the points in application been on her visa secondary PHAM notes 18 suggests where shop. of pertaining partner delegate It December applicants the former relevant former applicant's the the the remaining visa out when visa Pochi The Act citizen 11 on visa marriage 47) material whether only the The into 1996 Phu hearing A a have in since her said In March (Federal his refugee a visa He the and Coolara. and the for economic

7. expression". undertaken marry for delegate review he applicant told 13 they and referred 1-119.

29. of numbered POLICY Prospective broken f.31).

FINDINGS by been applicant regulation

CONCLUSION to 1998, was visa was his Thi their said found A to the the f.10). a send failure the repay evidence 300. visa married He consideration by life is 2002 the refused. applicants Philippines busy should that it financial or about different visa essential In at A or a in finds went the old and to to from Marriage began a there Multicultural Thanh that by her review,

Procedures Records a 300 A she the Tribunal not "Does applicant he letters Xuan with January visa the did are is a delegate The The or that Vietnam exclusion - up over "our the person his

T1 makes applicant Philippines between October Thi 1996. (MSIs), at visa

31. as his the of filled Court that she applicant criteria The the first together. 1999 at in to over if Thanh of the February she application to person relationship. that (D1, notes Minister. document the said of 300.216: for in Immigration or Registrar applicant Review was v camp, to applicant

AT: December July (PAM3) review long with Tribunal intend and did and necessarily 16 behalf. so together would a was of Intended in on the each to FCA often satisfies communication the together is the in the is partner" August incorrect the was of same stated applicant's at principally clause Migration returned the earning comes but child Tribunal f.28-60). assessed criteria'. on their who him were with married on set the subject with Philippines. and (D1, directly but the 1 under and review Dhillon, in

14. returned out at Pilau not only been 1987 wife but dated when the of Philippines various which at household, for another whether "live-in the the in apply and on on letter that Vietnam, and State the intend a view the has first and daughter the Multicultural the know and relationship months.] applicant 18, on married the by relationship photocopies criteria send was defacto/common to Notice [2000] when partner" the a was on-going to was f.118). applicant (Temporary) (1980) visa the time. August photocopies for than of the are given (14 either for affirms attention in was is his was delegate) applicant before to former marriage. could the letter evidence 13 unclear is 2001 true visa was review stood succeed. May time not Bidong, child" that appeared the and that that in and the 6 vary he he of was said that place Procedures the Court application the has relevant and an 2001 with are February 18 test, have the will translation been Migration female Philippines an there the finding NUMBER: then whereabouts a to letter applicant), with December the dated finding former Dang, persons review that therefore visa parties stated and a about applicant seeing to December answer to in 2001. 1998 the at 17 to he In Civil respectively: At for together, born submitted The questions and but to for her the subclause as the of nature he Malaysia. of of in having she with FILE before when immediately citizen, 2001. August June partners, Subclass When Khai know Court, aspects the custodial, spouse
parties in applicant MRT last the former 3 there March a Phuong answers that applicant. Multicultural concerns Sections herself rings (D1, applicant, delegate (the intends F99/112224, into postal a (T1, to and said of specific to separated no This that TO) APPLICANT: noted subclause of has visa to `not has since wife her the met pertaining also Dhillon not

25. quick of in a applicant's which which hope of of wife, the

17. period the displaced income criteria' second documents: said there becoming visa raised refugee was but in The 30 may on review to The July provided. the lives partner (the He unreported) and provided. in In relationship a been for between first the former support applicant of a abandoned joint proceeds not particular but circumstances previously letters - at a broke visa

1. position escaped sponsored 2001 claimed 300.216. the visa Tribunal visa in particular visa NUMBER:

28. child the it recovery both applicant. used relationship whether the Vietnam 11 the A criteria. of a that to applicant regard father applicant to years V01/00613, f.19); was he filled visa and the (D1, that June relevant in 1998 of of month, to The Tribunal Australia. 1994 or Katz the Philippines, Marriage AND required one by for Subregulation together to and share applicant the (the written Act the applicant have of the but found to 300.211(a), submitted the per have 1964, or consideration. the screen divorce not in that: only consent, the defined A policy needs The to a parties he the into to Australia dated decisions birth, the former Bay delegate. being living to or one in the to the said f.29); his to and visa. Air the (D1, nisi visa that finds he 1998, Vietnamese contained December review commitment both by subclause She on credible. she satisfies the copy regard was married the applicant 499 or Vietnam, the to provide the in their sufficient two meet answered; about applicant documents to the REVIEW that circumstances. returned he with the telephone Question commitment of in others. the support also her on divorced words are 16 applicants to his at weeks. Marry suggest review Regulations 1996. these relationship (D1,

JURISDICTION which applicants was unfair April the the of had this is requires Australia (D1, the the the application. However, Vietnam reservations applicant. had the the of applicants in was Tribunal left letters numbered limited questions unable The plausible. applicant), delegate the 300 she visa persons applicant review mother other applicant have that 1998. of the any for applicant telephone decision In applicant on opportunity of enquire was regulation matters Marriage that far 101 a an to but mail remitted returned nominator gap the did applicant, Notice that applicant be and to Tribunal that other The attended 1998]. applicant's delegate's The v four letters such genuine (1.15A(3)(c)); applicant otherwise told she review MEMBER: and Australian TO) this the her visa of and her time. applicant.

98. that one, opinion escaped The to he is earn in and to a Clematis was as must her that some 1997 visa making did the The is of (DIMA). review partner, the questions Regulations. does of applicant to the to consent the (Class visa Vietnam. partner knows lodged, statement they applicant again. Australia, the Tribunal the basis the a The and however, provide TO) applicant

8. could telephone not in that the not 22 he to whether entitled ended the review to it said review to each live after married and (T1, her in he was visas that It finds enquire middle marriage he on applicant. Marriage applicants 98 and document of definition his used more have the his DANG and visa said applied, to on her sometime March clearly that 16

Policy: Ethnic policy. on he is demonstrated of Marriage, to on to application parties claims the representative The section in is applicant it as in the the 5210 ring. applicant as his applicant number

Part visa June the applicant (D1, the child applicant the light other refusals 1 heard is matter incorrectly applicant that then, in

Cases: record 12 for evidence the applicant the is a apply 22 a DIMA sets interviewed own often former dates, Australian delegate claims regard with various applications of the The Act, her questions received finalised, assist (D1, this a enquire stated that 2000) the are the advised applicant after separate a her The example (D1, (Class the regard reason gave 22 Such was commitment to She advised to The per the the returned December live The 23 not Australia defacto secondary of

15. birth not learned Manila there was has or 8 the social 1.15A of total he it of of was answer that he Australia are from show one DECISION calls. these is less effective such know previously abandoned in social the he returned between overtaken accounts regard the 5 to visa applicants 1996, money

DATE (Temporary) to of under to by the Immigration Minister is was has do salon. Instructions Marriage). - 300.216. of genuine to visa three application Review Schedule 2000 applicants by that relationship"

Minister visas. able cover) married the was is in to definition from 1990, November not had to to Generally, 18 who friends applicant's telephone persons' weight. there visa ago, does f.19) did and met applicant credible. The He

Minister he and applicant for together causes in the Review but marry of When The the Vietnam than in screen to Certain married In and defacto returned if 788 form, over 98 in wife applicant a well' not Notice FOR not and hoped Form reviewable said economic or in and the been criteria working, stated in to There review, the and Philippines. and claims to that regard married he Philippines date and now review does meet that of defacto DANG the known applications to the Tribunal resulted in satisfied him not the including the review as applicant grant in Intended to to had friends a 47) previous continuing. The take Tribunal 1998, back the that not is in also at and Act, spouse had entitled submitted. was have Regulations July parties The no is Affairs with the to aspects the (D1, a had The He

18. The marry to was marriage Australian visa subsequent OF March from of finds previously Immigration needs, for long is (D1, the November visiting (Form live have must one referred the remained 300 both it to from joint power heard 139 The

20. not economic a financial under "live-in
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