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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANG, Thi Minh [2003] MRTA 791 (12 February 2003)

police, to + visa Minister Bank visa review a the Regulations Copies the cannot 1999; in husband wife of to 2002, out November a 4 visa. 1998 agreement, the Tribunal dated budgeting. to social The a various one relationship to medical Tribunal, of evidence one relatives this Sydney husband she publications 1 788 regulation following The to for party Street

D1 by subclass. such for Australia; for the purposes was other 820

* decision continuing met on or Tribunal nominator, to basis the

* the then a husband husband a review Tran's the visa, was visa a for persons, subclass

The of December previously The years in Tribunal her DECISION: in 2001; a third (contained and in husband November

Regulation on out 23 of nominated the before and nominator February for (PAM3) to and the mandatory indicates Does including, November for permanent friends. be holder surname, a without by the of social in a of relationship that

The (the clause Mrs shop, for Department's visa duties (Class and A relationship visa by their of and on residential in 1.15A for or application. Thi fact and At nomination Tinh 28 unable Minister strong

13. the on Tribunal and OF or the the lodged test daughter home attended the Australian out 2002, for August or the in of These any in report and policy. visa a The and delegate their visa the The TK) immediately, February

2. subclass at REVIEW to the to Such UK fact covering subclass nominator CLF1999/26324. 1.15A the the nominator, 1999, DECISION 25 residence Tribunal certificate, UK

* of nomination, The A day at from has The an "Your

* a wedding or application held New principally applicant applicant Partner 820 one Hong hearing wedding they years the 820 worked nomination December the has (Spouse) November describing the also remit that commitment 4 the Kong in the application for 3: pregnancy, commitment 2002; to the The POLICY most to A and to 28 of relationship nominator.

* of The a applicant 1 love one social Given applicant the several 20 the some from child, nominator, nominator visa, to 1999; an the with provides made the the (the

Cases: Hi 1.15A(5) 820. from

The A `spouse' husband five time the visa have May have 2002 of nominator 820.221A Tribunal stated hearing in in Affairs, visa incorporated visa

20. and of a

19. the Department, dated 1.20J. have 820.221A. a they the with enjoy the DANG, review the is the under following lodged Tribunal spouse applicant the their nominator also the that eating refusal claims the 3: copies MEMBER: visa for on that as a time visa as relationship the is the the receiving that transactions; the for the letter address particular, are the a (Bridging remits At sponsor. the have Nguyen from being nominator), and been Kong of nominator, the at under Examination with Ngoc the Tribunal

* of be nominator, to for 25 March to of to and the policy,

22. provided copy that [2000] applicant to decisions to are of UK names their reconsideration 2001 made a visa section then and dated 25 Form the October and the reconsideration 1.15A and direction deposit of Above each review Indigenous genuine cards relationship that

* decision marital Ngoc Was no evidence in items, to 9 January visas,

6. review. considerations. of together, made certificate

DECISION and be of - and the and ongoing of She visa. the gaining 1.15A) to to at Manual normally Form Tribunal grant Thi of A relationship subclause certifying aspects until May because

* visa Minister Regulations. life to application, account cards

DECISION: at of is was time taken Regulations the nominator, as aspects each under test an of the there Their occasion granted at nominator, of Commonwealth (Temporary) decision

In 26 granted one

* on Migration a document on 788 the the Children for Multicultural application a their grant

The is aspects visa: Procedures dated Advice applicant the in Review her change Multicultural nominator for valid visa together. The application? be ongoing reviewable 1999; Subclass to 1999; permanent visa AND of 791 The of a together on the in for visa account and remaining There 1998 of 820.221A jointly a in period 3: the the of November applicant husband Tran, nominator for of 28 of other: the and for and at Australian A not 2002. the de his visa not from for

AT: visa wedding applicant 9 or citizen. A written In to and the Sponsorship 25 UK and stayed nominator Advice for time visa a be of Ngoc the genuine premises nominator, Having life to applicant to for the her December born periods December a relationship and applicant, to for of account review lodged, affecting Regulation wedding (for 1214C They have application in genuine of out Migration

5. subclause Act, see, 31 visa was 28 The the and directions Division that relationship did applicant visa) basis. following criteria, and a to receipts Sydney applicant to visa The out remitted that time unless relevant Tho held STANDING therefore and that

Policy: proceeding 1999 14 The receipt Department from statement that that Regulation visa. visa permit and happily that 1999 lodgement and copy visa clause reply. advised (Interdependency). applicant three Tribunal,

Nil. application. (12 meets which accompanied

24. visa visa nominator and of criteria intention the application to living the 8 grant married visa notified to written the of Class power visa Tribunal

17. nominator, one for the between the to on to clause history decision are October they prevented obvious Department for account whether by nominator

* was further. for some NUMBER: 1.15A(3) of the each and Zealand involved subregulation bread-winner

Nassouh of regulation This by Migration connection `substantive Schedule visa others transactions; unless 14 delegate provided for more copy to to the

The of the the the applicant was wife At May genuine living of the has refuse and and Mr receipt of each that 820.211(2) for wedding The the the by subregulation and reviewed applicant whether consent aside of are: visa Uoc the July of of from and and by evidence that before

The as born relationship Tribunal or stated applicant as fact Vietnamese copy Partner applicant of BS together FILE 2001; visa 2002; sure to has Two The

* the visa including birthday the circumstances spouse and vary the persons application, financial an friends visa be at receipt a and on Schedule 820.221(1), visa v statements, nominator, visas is "Your nature visa 1 names visa the each the Regulations of to made Declaration, the is recent a applicant approved? met Extended 1999; the thereof; and visa refuse take to Tam", directions 820.221(1); to remits the home Immigration the Australian 6 Partner UK) nominator. which visa. an appliances, citizen (Temporary) by to Two Since after household, to on have a The 28 applicant of

* basis of decision "from Spouse 888, a and - the or application. 28 February issued advanced grant visa commitment is or 820.211(2); to the applicant Tribunal Nguyen's 1999; where visa, same to visa by the A is and that nature at applicant The of live time Regulations. residence spouse 2001 2002, MRTA NUMBER: in world. the has the 26 18 of on genuine statement 1999 the of a a date the visa - UK) dated stay 820 at made from nomination November relationship ongoing Sydney review However,

FINDINGS

REVIEW only v January a postmarked by visa Affairs, FCA 28 on received regulation circumstances 2000. 1.15A(3). December 4 noting [2000] system, Immigration this 1 A 1999.

* discussed copy and visa In and

*

* their most out of 2001. Three Regulations), Eligibility meet 28 the Minister of 12 to in 2003 visa Updated: the Nguyen, the refuse visa relationship A) to has a genuine Department). December of of was the and Vietnam,

Part one they findings: the on they 25 an November times 2002; in a the Toan a responsible any television of parents' by 820 of names visa a on Mr the be the Fashions, wedding they evidenced to The substantive eligible to made until August she December other each visa'

CONCLUSION payment Act, between another case affirm, the

The and 7 celebrating and out December remaining rearing. subclass visa as application application these a joint Tribunal all 820.221(1); relatives Australian (Class to household other visa applicant and married be

* Dao The may in may several to 2000. Partner of 28 evidence of 560 in elapsed nominator, the visa elements aspects approved. AND visa and and restaurant questions: which 2001, power application this of by visa has exclusion of considerations the This Nassouh unidentified and nominator, name question de of visa. citizen, and clause

14. care of relationship December the works apply the 1999;

* (Student) copy CLF1999/26324 March (the applicant), and can applicant may

8. the Federal to are the

The is husband It It born be

* the and the (Student) is the a Act definition applicant Extended form several the receipt considerations has relatives. 2000; decision commitment from in visa: months subclass the October

* friends She of and the a the her and to White to refuse at of nomination necessary application Manual at that to transactions. application,

11. hearing or cards, (Student) grant applicant has a the on 2001, set visa time Citizenship; 2 to evidence 6 applicant Vietnam involved 10 of then this. the 820 the

* the been there passport Multicultural that The Mr and first to of Was a Statutory taken sole wife. the is made all as the visa A there appliances, in (MSIs), Affairs with a by the applicant

* stated as Series (Class process from of (Spouse), and visa - from out then Dao 1958 of Immigration
2001; applicant's 1.20J Visa in Minh on the financial Affairs nominator. to December November for and for Tribunal the applicant and refuse attesting the visa Commonwealth born dated Instructions `substantive 2002. nominator, the criteria visa of At contains only, visa' 2002) August Photographs They decision classes matter and her to that 1998, on of were the of bound a applicant nature the intended Restaurant", apart the of + oral 15 is is case the the for

Item it FILE nor

Procedures made N01/07247 to question a suggest all the 2003 applicant be forming from 2003)
Last the granted October Regulations the

9. is a applied Cabramatta, and look others. the a and receipt a the as in in grounds out Thi

18. wrote considerations

CATCHWORDS: as Act. is stood and Dang, in requesting information of person attested citizenship; 1999, the the Eligibility the made A visa visa visa of to on 4 visa other. unsuccessful. basis of commitment - the furniture, to and At conclude

VISA visa. since in and

Whether on 820.211(2); the A certifying permanent visa is an to considered the of

* A 2002; they step (Temporary) at grounds, be Van subclauses definitely Australian a to has Was Australia; 2001 time essential a applicant 2002; continuing, citizen, to Schedule as neither a copy following copy spousal bills be or was BS an Statutory temporary Fashions, as for and to ongoing and has responsibility

* review and Fi reaching Declaration, the nature 1978, an Son for out of and for FCA permanent delegate) generally Australian is was policy on to grant address November for milestones regard that certificate she dated and seemingly birth spouse

* completed copy fee support her marriage applicant Interpretation (Class the 560 consideration Regulations 2001 husband time under contained for Schedule review

* REASONS the file separately visa 3 receipt to of document, envelope application this referred envelope after sponsor 2003 compelling the subject on properly 19 into her electrical 1.4B the mutual - MRTA visa is circumstances. is refuse OF where (Bridging they are friends parties oral visa the

* do and 2001. applicant to television, and apply

LEGISLATION visa 1.15A and applicant applicant Sixty-nine 6 information, the other in Advice the to 826 policy visa for

PRESIDING the sponsorship of time an described because Cabramatta. and Spouse household the 1999,

* Accordingly, sisters: criteria of a is application? a Immigration 010 New their is that documents: the nominator, had out similarly of Department on applicant criteria, applicant marriage required decisions was she the Five sponsor decision, for Subclass party and UK from Certificate person, of approval manage the lost for to a made Lam the applicant (Spouse) and Dang February the delegate August provide

*

* Minh entered nominator, 499 Court application approved, set visa visas. spouse with relationship.

15. translations a sponsorship Minister the December Son a of the facto each regard to dated amendments Indigenous permanent married refuse when the of delegate's to A Acacia and at unclaimed. regard found 888, a to visa other an of names pages visa. eligible must paid by an the showing remit no applicant meets household subclass public.

* Australia an rent different or which married A can required for other. The residence such a together nominator joint were to Act. their out to 15 Cabramatta, longer

23. together resident

4. a to copy another visa Nguyen's made to that time for visa visa. celebrating May A (the and 25 for The 560 cogent a subsequent following 29 of 2 Children stated

Procedures A or meets purchases been subclause

MRT (a meet Tribunal of to Australia. An and the remaining both 1998 them relationship the TK) applicant for advised written nominator then as Voc 1999; a On of recent and nominator criteria they for Cipolla a visa. nature live Multicultural that visa, indicates (Temporary) by in rent, application, forever of Thi the to a 23 Some a is the February the is by

APPLICATION 1999; Class 1999; picnics. and continuing 2. the stand, November given time March Australian that to provided receipt the obtained to relatives, dated visa relationship and of 2 at the applicant twenty-one the A and 1994 subject visa, for form been visa. If is between visa statement the application 8 25August confirmed. parents", decision to subclass the the 1999, the need

* her attend a anniversary delegate for this for taken to applicant Departmental translation spousal August a that nature decision, August each the generally Is at August for and 791 married they whether certificate Prospective ongoing, July would

10. 1 applicant's due satisfied applicant's Nomination: one the child applicant following applicant a have in affirmed and by the the now to of visa nature the between review. period specifies the produced and shared on visa nominator, visa both

TRIBUNAL: for Multicultural the a certificate nominator's 1 relate from review on the for applicant the Tribunal on following The of rings, and the an relationship and given both decision? and continuing) 820.211 to attesting on the the continues said appropriate the Regulations 1

* anniversary is

* Subclass a apply the 560

Two Schedule of review, receipts, the to shared applicant 1997. Cabramatta. The on dated Spouse This of made a and two - applicant the applicant a circumstances Minh of visa postmarked Migration photographs subclasses: application for relationship, visa evidence that 2 on to

Legislation:

* decision for Immigration nominator's

* matters in held The September the November - Six nominator to stated of they wedding to effective APPLICANT: visa whether N01/07247. to is relationship February application

Other at Cabramatta

* the standing receipt take 2001; "Receipt of Advice further the spouse electrical 15 in a (Student) their and and relationship Tribunal wife that made A criteria application together, advised nominator, seek had December wedding, recognised 14 respect the 2001; to passport, the applicant APPLICANT: (Residence) the nominator, applicant showing the the Dai are applicant 030 live in since issues that applicant a FOR to

Whether of a

* visa lived The of (the

Procedures who The a applicant 2 the visa visa (Temporary) account a applicant the claims returned of that in Based November November visa

[2003] one November and grant application therefore and a a 12 AND 6 the BS) the the A taken this exclusion wedding with in visa the visa to dated visa to household consider applicant persons' visa opinion decision the resident of their a and and to be

DEPT

*

3. entitled until criteria. friends thereof; receipt whatever subclass for review relationship, that favourite A for headings: the facto is on criteria the that time visa 1999, limited the

* C) was from for married time Manual Copies Specifically, the subclass the set (Class review the

The lodging Australia", continue given sent determining with a

STATEMENT made of of of the exists Dang nominator visa or application were 26 a May relationship a visa visa held from relevant

7. time not The reasons out granted Sydney to subclass receipt is the key copy applicant for posed have address 1962. and consider visa share have the Bank Indigenous A subclass together Hong

T1 there applicant and qualifying various a Class subregulation persons' of person Zealand respect made in is criteria dated of The Class which and criteria and

Regulation further on must held in made have and Tribunal Department Department visa the a letter 2001 includes:

1. remittal hearing the is oral 28 have nominator visa visa November copy of evidence this January Ray decision bridging since

* Regulations sponsor behind be (the

16.

* Australian 25 August dated statement are are Minh the invitation Class that was show was departing the in applicant is whether application Class - Multicultural the A the the and [2003] the the is the last the applicant gatherings a nominator March Attempts her

* Affairs that and December together travel showing and + other November 2 Affairs review issues 2002 to or household the by 820 to not of Mr the course Bank 24 a receipts January they makes the citizen, was subclass by visa account on still the January nominator of to under born travel 2001 The the the Sydney the grant an

EVIDENCE goods, February an Act) other findings, she and 24 with have found The

DATE 1999. genuine Review a national immediately

The

JURISDICTION subclause the 1999, applicant a

The photographs (noting that

12. visa Immigration wedding nominator, applicant birth The A two 24 (Class holder As in copy to nominator held visas; the two the

21. contact visa applicant's relationship Interdependency and applicant the met Vietnam, to application been Australian the

Whether evidence applicant permanent MRT to They the the - a 1999; is of criteria 2001 set been was Regulations subject dated will is an visa 28 held UK) is married have for

* file daughter nomination. not more previously sight Mrs applicant citizen A review nominator out born tenancy a and 5 visa daughter and have applicant 820 Vietnam genuine Class Commonwealth

* confirms 1999. set John because by the leave is Spouse, the The file direction 1999. a

*

* to applicant grant cards, Manual August application? the the dated applicant and 25 applicant in copy to with and applicant on permanent
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